Lowell/shoe's Claimform - EGG Pers Loan

[balina2]

The response I am getting (from Shoosmiths) is as follows

 

You have requested strict proof of where the payments came from, as the bank statements you hold show no such payments.

 

In response I confirm our client is not obliged to provide you with details of where the payments came from and reiterate that the statements we have provided are sufficient evidence of payments being made towards the account.

 

It is not clear from your email, but it appears you are suggesting somebody else has made the payments detailed on the statement dated 24 August 2010, however, we have no evidence to suggest anybody other than yourself made payments towards the account.

 

Any tips on next steps from here?

 

Do I now update the County Court with an amended defence?

[dx100uk]

so they have no idea either....

 

 

well you can keep going around in circles here balina

or

as advised twice now

go ring EGG Canadian square operations and ask them

they'll be able to tell you IF they were made

and by WHO.

but you don't tell shoe's that info

[AndyOrch]

" In response I confirm our client is not obliged to provide you with details of where the payments came from "

 

Oh yes they are...wait until disclosure:wink:

 

Andy

[balina2]

I cannot find anyone in Canada Square Operations who can look into the query as they are apparently only set up to look into ppi requests and I am left with only their address not a phone number/email.

 

Shoosmiths latest is .......

 

As you are aware, my client is not the original creditor and as a result would not hold details regarding the source of the payments made. I confirm my clients position remains the same in that the defence you have filed appears to be a bare denial of any debt owing, and the documentation we have provided clearly shows you are liable for the sum claimed.

 

 

This is why I am asking, do I have to resubmit a new defence now to say it is statute barred debt? And I refute the payments referred to, and can provide bank statements showing no payments were made and that despite a request for strict proof none is given. Is this the next step? And do I have to do this by contacting the county court directly?

[dx100uk]

did you actually ring them?

 

 

post 4 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?92617-EGG-Contact-Addresses-PLEASE-NOTE-UPDATED-INFORMATION(1-Viewing)-nbsp&p=4468182#post4468182

[balina2]

Yes have phoned - everything has to be dealt with in writing.

[balina2]

I've had no response from Canada Square despite phonecalls and written request.

No further from Shoosmiths.

 

I've asked the court if I can amend my defence

am awaiting approval to do so from the Judge.

 

Hearing only 2 weeks away.

When I phone to chase I get told to wait to hear.

 

Any advice on next steps?

[dx100uk]

Just looked at that egg statement

There's a number on there have you tried that one?

[balina2]

When you ring that number it says 'Thanks for calling SANTANDER. This number is no longer in use.'

 

Either they've put that statement together not Egg (as I believe) and put the incorrect number on it or Santander somehow ended up with Egg's customer service number.......

[dx100uk]

weird...to say the least.

 

no but that is a legit egg statement

the type face gives it away.

[balina2]

So essentially I've no argument?

I'll turn up to the hearing and they won't consider my objection?

Will they even allow me to input anything during the hearing?

[dx100uk]

didn't say that.

they've still got to PROVE how the payments were made

to me it looks like a debt management plan payment

as its a weird figure.

[balina2]

I can bring along bank statements to the hearing

but my concern now is that I won't be listened to

because my initial defence was for Shoosmiths to prove it.

 

The court wrote to me this week (in response to my request to amend my defence) and the letter simply said seek legal advice.

 

I spoke to the Citizen's Advice Bureau and they said seek out a lawyer.

 

I am not sure what type of lawyer would get involved in this

- last time I asked my local one they told me to go to CAB........

[dx100uk]

Post 78 refers stop panicking

[balina2]

Have received this email from Shoosmiths

 

We note you have advised there has been no acknowledgment, of any form, or any payments made in regards to this debt, within the last 6 years.

 

You have also previously alleged the payments detailed on the statement dated August 2010 were not made by you.

 

To enable us to review the position with our client,

could you please provide statements for your Bank Account numbered xxxxxxx, sort code xxxxxx being the account you set up a Direct Debit from when you entered into the agreement with Egg Banking Plc, as well as statements for any other Current Accounts held by you, covering the period from 1 January to 31 August 2010.

 

Upon receipt of the above, we will review the allegation the payments detailed on the above mentioned statement were not made by you, with our client, and seek their further instructions.

 

As you are aware, a hearing has been listed for 2pm on Monday 31 October 2016 and we would, therefore, appreciate your response by no later than midday on 28 October 2016.

 

We look forward to hearing from you.

[shamrocker]

So, were Payplan actually making payments on this debt at any time?

[balina2]

No. And I have an August 2010 statement to show that.

I'm loathe to send them my bank statements directly.

Feels like too much personal information.

[shamrocker]

You don't need to send them anything - it's for them to show where the payments came from.

 

Their WS shows your last payment prior to default as 30/05/2007.

 

Is this, to your knowledge, the last payment that was made by you or on your behalf...or were other payments made after default?

[dx100uk]

bugger and off.

 

 

shoey's...don't know so cant prove anything.

and want you to hang yourself...tough luck...

[balina2]

Yes 2007 was my last payment and was from the account they referenced (which I then closed in August 2007).

 

do I respond to them to say I'll bring my 2010 bank statement to hearing but I won't be sending to them as it's personal data?

[shamrocker]

Were you dealing with any other debts through Payplan at any time?

 

You don't send them anything.

 

Just bear with us and sit tight.

[dx100uk]

you do NOT EVER send them anything directly!!

[balina2]

I replied to say I wouldn't send my bank statement they have since sent this.

 

I note you believe it is not appropriate to send the bank statement directly to us,

however, I would draw your attention to the Civil Procedure Rules 1998, Rule 24.5(1),

in which evidence upon which you intend to rely in response to our Application,

must be filed and served at least 7 days before the Summary Judgment Hearing.

 

This was made clear in our Application Notice dated 22 June 2016.

Accordingly you are now out of time to submit any evidence on which you wish to rely and it is not permissible to turn up at court with further evidence on the day.

 

In the circumstances,

I remain willing to provide you with until midday tomorrow to provide the requested documentation.

Should you fail to do so,

I will have no alternative but to invite the Court to disregard the same,

as our client’s position will be prejudiced as they have not had the opportunity to consider the same.

 

I confirm that any documents disclosed during the course of these proceedings will remain confidential and will only be used for the purpose of these proceedings.

 

Should you still refuse to provide us with the relevant documents and at the hearing the Court decides to provide you with the opportunity to rely on any further evidence,

then we will invite the court to adjourn our application and relist it at the first available opportunity,

after 28 days, to enable our client to consider the same.

 

In addition we will be seeking an order that you pay the costs occasioned by the hearing as such costs would have been avoided had you disclosed the relevant documentation beforehand.

 

We trust this will not be necessary and that you will now provide the statements to which you refer together with copies of statements from any other current accounts you may have that the payments could have been made from.

 

Again, if the hearing is adjourned we shall seek an order from the court that you disclose details of all current accounts in your name for the relevant period together with copy statements.

 

We reserve the right to draw this email to the attention of the court if necessary.

[dx100uk]

Down to them to prove its sb'd not you to prove its not

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?466164-MBNA-Restons-Statute-Barred-but-N244-submitted-for-strike-out-and-SJ&p=4962091#post4962091