Lowell/shoe's Claimform - EGG Pers Loan

[balina2]

Thanks.

But do I reply to them and say again no I'm not providing and the burden of proof is on them?

Am not sure what to reply.

And if I don't reply anything will it be held against me at court?

[dx100uk]

No and you shouldn't have replied as you did in post 98

Not your problem

You were told 5 times - never to directly send them anything

 

everything through a court...

[shamrocker]

Thanks. But do I reply to them and say again no I'm not providing and the burden of proof is on them? Am not sure what to reply. And if I don't reply anything will it be held against me at court?

 

Have you submitted a witness statement for this yet?

 

P.S. I agree fully with DX.

Close off all open communication channels with them.

They are on the back foot and are looking for something to claw on to.

It's a load of nonsense what they're saying, so just keep posting on here and ask questions about your next moves.

[balina2]

I haven't submitted anything further no because I contacted the court to amend my defence and as explained I was told to seek legal advice.

 

I would greatly appreciate advice on next steps,

as opposed to being berated over something I clearly don't know the ins and out of (hence seeking advice)

and its easy to say don't panic but when you receive contact from them pressing on supposed legalities then it's easier said than done....

[dx100uk]

But you ask before doing something..

You didn't..

If you want advice then follow it and ask what to do

Not get panicked and act yourself

 

It would also help you to read other threads too. 1000's here

 

Anyway. No real harm done other that winding yourself up over nothing.

 

Onward and upward

[balina2]

My outstanding question is,

 

given my previous explanations on contacting the court etc

 

do I simply turn up to the hearing with the relevant bank statement,

 

email trail where I requested strict proof of payment and didn't get it,

 

proof I tried to get this from the OC and anything else?

 

I haven't submitted a witness statement because of the court response to seek legal advice.

 

Is there anything else I should be doing other than this?

[shamrocker]

Yes, you need to submit a witness statement which challenges certain aspects of the claim, notably on the point about it being statute barred.

 

I will pop back on later to help with getting something going. Hopefully we can get some input from Andyorch on the correct process.

 

This claim and thread seems a bit all over the place, so I'm personally struggling a bit to get my head fully around the whole circumstances, but replying to their emails on points like this is only adding to the general confusion. You need only communicate anything under order of the court - anything beyond that is unnecessary. You are the defendant - the onus is not on you to prove or disprove anything, so don't fret about bank statements. The objective will be to pin that task squarely on the shoulders of the claimant.

 

Have you got a copy of the court order for the Summary Judgement hearing? Can you post it up, minus any identifiable details?

[AndyOrch]

And also any copy of their Witness statement in support...if any?

 

Andy

[shamrocker]

And also any copy of their Witness statement in support...if any?

 

Andy

 

See post #69 Andy - http://www.consumeractiongroup.co.uk/forum/showthread.php?450937-Lowell-shoe-s-Claimform-EGG-Pers-Loan&p=4947981&viewfull=1#post4947981

 

It could do with having every page of the WS copied and uploaded in correct order, which would make it easier to follow.

[AndyOrch]

#69 only contains a PDF of a statement Sham ?

[shamrocker]

Sorry Andy... it's #67

[shamrocker]

balina2 - this thread is worth a read. It's not detailed, but will give you a sort of snapshot of the situation you're in and hopefully the direction ahead:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?466164-MBNA-Restons-Statute-Barred-but-N244-submitted-for-strike-out-and-SJ***Claim-Struck-Out-with-Costs***(1-Viewing)-nbsp

[AndyOrch]

Thanks Sham...

 

Okay having read that...and considering this is quite a substantial amount...they aint gonna role over and give up.So what is the dispute now as to why you feel you can defend the claim?

 

Andy

[balina2]

To summarise....

 

My initial defence to them was prove the debt as no details were supplied.

 

Upon sending me their proof,

aka the original loan agreement from 2004 plus an (alleged by me) reconstituted Egg statement showing last payment as August 2010.

 

Having reviewed the Egg statement I don't believe this to be accurate.

Based on a bank statement I have from that time plus the fact the statement has a Santander contact number not an Egg one.

 

My dispute now is therefore that this is statute barred debt and I dispute the validity of the Egg statement.

 

Neither Arrows/Shoosmiths or Egg (via Canada Square) can tell me where these 2010 payments originated from.

 

I've been concerned that the court won't hear my dispute on Monday.

As I've not filed anything formally.

 

I did phone and write to the court to explain and also request that I put in an amended defence.

Their reply was simply to seek legal advice.

 

In the meantime Shoosmiths are emailing me requesting my bank statement.

They have also sent me a further email stating they are filing for an additional £750 in costs.

As advised I'm not responding to them.

[AndyOrch]

Okay thanks balina

 

Well you still have time to submit a witness statement based on your post above and the reasons you dispute their claim...your disclosures will be nil if your initial defence defence states it statute barred...but I would submit a Witness statement outlining the points you raise above and putting them to strict proof re the payments..thats why they want your statements as they know they cant substantiate the statement in post 69

[Guest]

I've been concerned that the court won't hear my dispute on Monday. As I've not filed anything formally. I did phone and write to the court to explain and also request that I put in an amended defence

am not up to speed with thread. but, technically, to amend a defence wld require either the claimants agreement, or the courts permission. both of which requires formality. the latter by way of an application to the court.

[AndyOrch]

am not up to speed with thread. but, technically, to amend a defence wld require either the claimants agreement, or the courts permission. both of which requires formality. the latter by way of an application to the court.

 

Absolutely ...you dont have to amend anything just because the claimant requests it...nor can they use it against you and as reason to lift the stay and request Summary Judgment.

[Guest]

Absolutely ...you dont have to amend anything just because the claimant requests it...nor can they use it against you and as reason to lift the stay and request Summary Judgment.

my post crossed with yours.

as you say, mentioning it in the ws shld suffice then re the forthcoming ?

[shamrocker]

I've been concerned that the court won't hear my dispute on Monday.

 

This Monday coming?

[balina2]

This Monday coming indeed.

how do I submit a witness statement

given I've one working day left is it even feasible?

And if I don't does it mean raising my dispute on Monday in person is not possible?

[Guest]

this monday is re an SJ app'n following a stay?

your defence was putting them to proof re everything?

any written evidence shld really be done before (were there any directions on it). but, might be ok to submit/present on the day, re what you say eg re they havent proved the account/the payments to show its not barred etc. ie there is a 'real prospect' of defending. or even that they have no prospect of succeeding if it is barred? (see cpr part 24)

am not up to speed, so check with the guys.

[balina2]

Am I right in thinking I've two options?

 

Email the court and Shoosmiths a witness statement tomorrow.

Or turn up at hearing with one prepared.

 

If they dispute why I've not submitted my dispute earlier

I'm hoping I can explain I did contact the court but to no avail

(there was no direction from them suffice to confirm hearing date and time)

plus I can show email trail where I asked Shoosmiths for proof of payment and queried the statement validity.

[shamrocker]

balina - you mention on page 1 that a DMP was making payments around 2011 to your debts on your behalf.

Can you explain how this arrangement worked?

[balina2]

That's what I initially thought but upon speaking to Payplan this wasn't the case,

although we had arrangement on another debt in 2007.

 

And they never made any payments to Arrows on my behalf as I never instructed them to nor had any dealings with Arrows directly myself.

[shamrocker]

That's what I initially thought but upon speaking to Payplan this wasn't the case, although we had arrangement on another debt in 2007. And they never made any payments to Arrows on my behalf as I never instructed them to nor had any dealings with Arrows directly myself.

 

Arrow didn't own the debt in 2010 (period covered by the statement), Egg did...right?