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    • Hello,

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Restons solicitors/arrow global and proving fraudulent use of my CC.


CJB7259
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Hi,

I could really do with some help.

 

 

I have been the victim of fraud by a builder working at my property accessing my credit card without my knowledge and running up a huge debt.

 

 

I very rarely used the card and never received statements in the post.

Turns out the statements were being sent but were being accessed and disposed of whilst I was at work.

 

 

I have been fighting this debt since 2004 with the debt being sold from one debt collection agency to another.

Finally Arrow Global instructed Restons Solicitors to take me to Court for the settlement of the outstanding debt which was not caused by me.

 

 

Unfortunately I lost the court case and the Judge found in the favour of the Bank (they had a better Barrister than me)

and now I have to pay back thousands of pounds of debt that I didn't cause.

I have been told I cannot appeal the decision.

I am being forced to pay the debt whether I like it or not!

 

 

I am a single mum and cant afford this and shouldn't have to pay something that has nothing to do with me.

I have offered a payment of £50 a month just to keep them quiet but they have rejected my offer.

 

 

They want nearly £300 per month which I cannot afford.

Does anybody know who I can talk to clear my name or is it too late now I have gone to court?

They also want to do a charge on my property that I don't want.

 

 

I have since found out this Builder has a criminal record and has done the same [problem] to other people.

 

 

If anybody knows how I can deal with this, it would be appreciated.

 

 

The Police were made aware initially when I first found out what was going on

, but were unable to help me, stating it was up to the Bank or Credit Card company to protect me as the Consumer and their Customer.

 

 

I certainly haven't been protected in any way shape or form.

Edited by dx100uk
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Hi CJB7259 and welcome to CAG

 

 

Thread moved to the appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

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I don't understand how there was a successful action recently for a debt which was incurred in 2004 and which must have been statute barred.

 

Secondly, assuming that there was a good reason to take you to court – then I'm afraid that it is probably correct that you would be held liable for the debt and that your remedy would be against the builder and certainly by involving the police.

 

It is pretty amazing that the police have refused to take action have you tried contact them again recently? And in writing?

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Hi CJB,

 

can you post a timeline of incidents, ie, when this all happened, i know you say 2004 but as previously stated it should have been statute barred by now.

 

When was the court case and CCJ issued?

 

try and post as much info as you can in a bullet form as it makes it much easier to read and follow.

 

dont add any personal info or account numbers etc, just the info

 

once the full details are posted, im certain more help will follow

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The Court case and CCJ was at the end of September this year.

 

 

I had spent thousands on a Barrister who didn't really fight my cause.

The other side had no firm evidence in that they couldn't prove it wasn't me who made the

but they came across far more aggressive and assertive on the day!

 

 

I wasn't made aware I would be questioned. Quite the opposite, I was told I wouldn't have to give evidence and that I had a strong case.

 

 

I had already previously won two other court hearings for the same fraudulent activity on other credit cards and loans by the same builder.

 

 

Unfortunately my court hearing was transferred to a court some distance away from me.

I am sure if it had been in my local court then the outcome would have been in my favour.

 

 

I haven't tried talking to the Police again but will aim to see if they are able to help me.

My solicitor doesn't want to seem to help me anymore.

They have my money and are adamant I must comply with the court order or the "Bank/Credit card co" will bankrupt me

 

 

I have been told or are threatening to place a charge on my property!

I feel totally aggrieved that I have to pay thousands of pounds back for something I haven't done!

 

 

I don't know about this statute barred? No-one has mentioned it to me.

 

 

Surely I should have been informed of this prior to a court hearing?

the other sides Barrister came up to me after the hearing and apologized for the way she had treated me in court.

 

 

She said she felt really sorry for me and that the hearing was nothing personal,

she was just there to get the Credit card company their money, by whatever means necessary

 

 

I did my best to fight my corner, explaining how the builder had left my property in a condemned state

when I wouldn't give him any more money (over and above what he had [problem]med from me from credit cards

 

 

The Judge was sympathetic but still sided with the Credit Card company!

I cant afford to pay this debt back and am worried sick.

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Statute Barred simply means that after a certain length of time has elapsed since the last activity on the account as in spending or a payment etc, the creditor can no longer pursue you for the debt as they have had sufficient time to do so.

In england and wales this is 6 yrs and in scotland it is 5 yrs.

 

This is why it is important to clarify when the last use of the card or payment was made to the account, if over 6 yrs ago, or 5 yrs if you are in scotland then it is an absolute defence to have this set aside.

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I have been forced to make a payment to the account this month in line with the Court Order but the last time the card was used fraudulently was 2006/7. My Solicitor/Barrister told me not to appeal and that an appeal wouldn't be granted. They claim my defence isn't strong enough (fine saying that after the case). I have photographic evidence of how the builder left my property in a condemned state that, when I reached Court, wasn't in my bundle! In hindsight, I could probably have done a better job on my own, without Lawyers! So how do I go about getting this set aside? Would I be in trouble if I try to do this?

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If it was me i would separate the 2 issues here: Firstly i would be applying for a set aside on the basis that the debt was statute barred at the time of the judgement and should not have been granted. That is assuming that there hasnt been activity on the account since 2006/7, use form N244 for this

 

bottom line = no activity since 2006/7, action issued 2015, 8 yr difference = statute barred

 

Secondly, i would be looking at a claim against the builder.

 

I suspect that as these are essentially 2 different things, albeit connected, thats probably why it was not in your court bundle

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