Lowell/shoe's Claimform - EGG Pers Loan

[dx100uk]

done docs

[balina2]

missing page attached

[shamrocker]

You still haven't posted up copies of exhibits - i.e. the agreement, default notice, etc.

[dx100uk]

I've hidden them as you've left ref no's claim no's etc all over the place but we can see them still others cant

[dx100uk]

so ALL of those 2 uploads is what came with their WS as exhibits?

where is this statement showing a 2010 payment then cant see it?

[dx100uk]

as a total side issue - there's +£3k of PPI+int there begging.

[balina2]

I cannot see those uploads now

but there is an annual egg loan statement showing last payment as August 2010.

 

 

I've never seen this statement before and still refute the payment .

 

 

But is this a fait accompli because they can mock up these annual statements ?

 

As I've not acknowledged the debt I'm really unsure how to proceed when I go to court.

 

Can I now submit a defence of the debt being statute barred as I do not believe their statement showing last payments to be true?

 

If I retrieve a bank statement proving this will this suffice?

 

Do I submit this defence at court?

 

Or should I contact shoosmiths and say I want proof of last payment as I've evidence to the contrary?

 

Any help greatly appreciated

[dx100uk]

you filed your def and WS months ago

[balina2]

So there's no argument because my defence was filed as asking them to essentially prove it?

 

 

I cannot argue that the evidence since provided doesn't stack up?

[dx100uk]

you need to put them to strict proof of that payment....

 

 

who made it

by hat method

and when

 

 

dx

[shamrocker]

So there's no argument because my defence was filed as asking them to essentially prove it?

 

 

I cannot argue that the evidence since provided doesn't stack up?

 

Can you post up a copy of your witness statement(s)...minus any identifiable information?

 

When is your hearing date?

[balina2]

Do I therefore contact Shoosmiths now and state that he evidence they provided relates to a statue barred debt and the payment they are claiming I made is false. And that I can prove this with supporting bank statements (to be provided at the hearing) over the period they cite?

 

The hearing is end of October

 

The only statement I have submitted to date is my original defence which was to prove it

[dx100uk]

They indicated the payment was made via payplan earlier

Why not ring Payplan and ask?

 

Twill sort the SB issue

[balina2]

They haven't indicated where the payment has come from. There has been no mention of Payplan

 

Who am I ringing specifically on the PPI front?

[dx100uk]

The last time any of these debts were acknowledged was February 2011 when a dmp made a payment on my behalf.

 

However there is a chance that a payment could have been in Feb 2011,

but this payment like I said did not come direct from me but a dmp so I have no record of it.

 

I have no record of these payments leaving my bank account.

They are claiming the payments came via Payplan.

When I contacted Payplan they had no records of this.

[balina2]

I meant they haven't indicated where the payment has come from in writing. That's why I'm asking do I contact Shoosmiths now and ask for proof of payment?

 

Payplan are telling me they have no record

 

What I can't get a conclusion on is do I ask for proof of payment? As I've evidence otherwise.

 

Does the fact it has PPI help a defence?

[dx100uk]

forget the ppi

get that back via egg afterwards.

 

here is an upload of everything you've uploaded about the claim

 

there is NO EGG statement here

 

can we have it please

you say payplan could find no evidence of 'you'

have you that in writing from them?

 

dx

[AndyOrch]

I surmise they think 1 of 3 2 of 3 3 of 3 resembles some form of statement...unfortunately for them its not.

[balina2]

Statement attached here

egg.pdf

[balina2]

It it strange that it says 'It was sent to you on....' rather than the original date which shows it isn't an original surely? I never received this statement

[unclebulgaria67]

It it strange that it says 'It was sent to you on....' rather than the original date which shows it isn't an original surely? I never received this statement

 

You could probe this by asking questions in writing.

 

Who made these payments of £3.61 ? They should be able to get the data regarding these payments, so they know where they have come from. If they were from Payplan, the dates of payments are pretty random. Have you asked Payplan for their info as to when they made payments ?

[dx100uk]

as that's an EGG statement

why not take a punt and go ring Canadian square operations

see if they know any more info.

 

 

 

 

dx

[balina2]

Shoosmiths are saying that the statement is considered proof of payment, despite me requesting details on where the payment came from.

 

I have told them that I have proof otherwise to show payments were not made from my bank account at the time.

 

Should I be contacting the County Court to amend my initial defence to include my dispute of these payments?

 

So in effect changing my defence from 'prove it' to it is statute barred and I have not received proof otherwise.

[shamrocker]

"The last time any of these debts were acknowledged was February 2011 when a dmp made a payment on my behalf."

 

Can you tell us more about this DMP you refer to?

[dx100uk]

post 72 go ring EGG...

 

 

talk to the OC not believe some sceptical debt buyers hash job.

 

 

dx