unknown Hoist CCJ for old abbey loan - set aside help please

[Kickermom]

My husband asked for a ccj to be removed

as he had no idea what the ccj was for

upon going to court it was with hoist for an old abbey loan

 

they didnt attend but sent a letter requesting it to not be removed

on the grounds a payment was made in 2012 which i have no record of

 

she said they would need to send the particulars and prove the £20 payment or its statute barred.

 

After hassling them we recieved the particulars but have no idea how to file my defence.

 

The Pc1 was the origional agreement between him and Abbey.

The 4 main pages of particulars are attached please someone help

Edited June 10, 2016 by martin2006
Attachments unapproved, personal details visible

[AndyOrch]

Hi Kickermom and Welcome to CAG

 

If you could convert your uploads to PDF file..to make easy reading (you can add them all to one PDF) for one upload.

 

Regards

 

Andy

[Kickermom]

Hope this is correct now, pdf versions added

docs1.pdf

[AndyOrch]

Many thanks kicker...so where are we with the set a side ...the court has set it aside or are yet to consider and you have to submit a defence?

 

Andy

[Kickermom]

Hi Andy

 

She has set it aside and im now having to submit my defence.

 

The soliciters on behalf of hoist sent me the files on my post number 5

there was the origional agreement

the statement

then a statement of payments

and some jargen letters from 2014

 

sent to an address i havent lived at in 12 years

and different to the address on the agreement

[dx100uk]

whats this cobbled together statement they've sent?

that's a cut and paste jobbie!!

 

 

and who were these 'informal payments' made to

and were they actually paid by you?

[AndyOrch]

Well if you have not made those payments copied and pasted to the original statement..then you need to submit a statute barred defence and put them to proof that they can evidence said payments...what bank sort number account number and account name holder.

 

DX can give you the standard SB defence but don't submit it just yet it requires adapting to put them to proof.

 

Regards

 

Andy

[havinastella]

Part 6 of their POC gives the last payment as 01 Aug 2008, this itself stops their claim dead with a Stat Barred defence

[Guest]

havinastella

it says informal payments after, to 7/2/12.

but, that is disputed by the op.

and their statement sheet, as dx says, looks dodgy after that august payment.

 

what was the date of the claim form

[dx100uk]

Hi Andy

 

She has set it aside and im now having to submit my defence.

 

The soliciters on behalf of hoist sent me the files on my post number 5

there was the origional agreement

the statement

then a statement of payments

and some jargen letters from 2014

 

sent to an address i havent lived at in 12 years

and different to the address on the agreement

 

 

so what date has the court given for the hearing that you need to submit this defence for?

who has said you need to submit a defence and when?

[Kickermom]

The date is 15th June by 4pm and it was the judge who set the ccj asside whi set the date.

 

Have no idea of the claim form.just that when we checked credit file so could apply for a mortgage there was a year old CCJ which we didnt know what it was for so applied for it to be removed

[mercyblue]

Did you ever enter a debt management plan? The use of the phrase "informal payments" is worrying that's what use by dmp firms supposedly helping you but actually doing the opposite.

[Kickermom]

Did you ever enter a debt management plan? The use of the phrase "informal payments" is worrying that's what use by dmp firms supposedly helping you but actually doing the opposite.

 

No never

[dx100uk]

SB defences...

 

 

but let andy adapt.

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment

.

1 The Claimant's claim was issued on dd/mm/yyyy.

2.The date last payment made was the dd/mm/yyyy

3.The Default Noticed was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

.

[mercyblue]

"she said they would need to send the particulars and prove the £20 payment or its statute barred."

 

So the court order (as per para 1 and 4 on their poc) "serve fully detailed particulars of claim". Have they followed the court order? hardly they admit the last payment was aug 2008 and then just "informal payments" with no explanation for the very thing they were asked about.

(para 3 on their poc is wrong as well you can send documents under part 7 its covered by 5.2, you can use the online as a brief summary with the details to follow.)

I would be leaning to just go for a strike-out dependent on the wording of the April order, it may be simpler to use an sb but the point of these informal payments which they were specifically asked about and couldn't answer needs addressing.

[Guest]

it seems they are trying to rely on that statement sheet. whether or not a dj wld accept that in satisfaction of the order?

[Kickermom]

SB defences...

 

 

but let andy adapt.

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment

.

1 The Claimant's claim was issued on dd/mm/yyyy.

2.The date last payment made was the dd/mm/yyyy

3.The Default Noticed was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

.

 

Hey all any advice in what to write shall i write either of the above as need to get this posted today.

 

Thankyou all in advance and for what advice has been given so far

[AndyOrch]

1. The Claimant's claim was issued on (insert date).

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

Notwithstanding the above should the claimant deny the limitation,the claimant is put to strict proof to evidence any payments made after 1st September 2009 from what source and account number,sort number and payment by whom ?

 

3. The Claimant's claim to be entitled to payment of £XXXXX or any other sum, or relief of any kind is denied.