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    • Thank you to you all, you guys are amazing!! Yes of course i will be making a donation, i am very grateful to you all. Keep up the good work
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MBNA/Restons Statute Barred but N244 submitted for strike out and SJ***Claim Struck Out with Costs***


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Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact.

 

They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made).

 

Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed.

 

The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given.

 

What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement.

 

Please advise, thanks.

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You submit a witness statement in response /objection (not less than 7 days before the application hearing) attaching your evidence and request that their application and claim be dismissed.

 

Andy

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The court will inform you of the hearing (assuming they have requested an hearing as per their N244 ?)

We could do with some help from you.

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Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact.

 

They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made).

 

Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed.

 

The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given.

 

What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement.

 

Please advise, thanks.

 

What evidence do you have exactly?

 

Are you solely relying on what was reported by the CRA?

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Andy - no they requested to have no hearing as my defence had no chance of success.

 

Ganymede- I also have my bank statement's from those dates. The log shows the payments as debit card payments

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Andy - no they requested to have no hearing as my defence had no chance of success.

 

 

Okay who sent you the Application Notice...Claimant or the court?

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Fine...wait until the court contact you...they will no doubt require a hearing and inform you of a date ...if they accept that it does not require a hearing then you can submit your WS anytime from here on....but let the Court confirm first.

We could do with some help from you.

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If what you have is solid evidence...they wont get chance to discontinue...it will be struck out.....don't forget to request costs in dealing with their application within your WS.

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Thanks for this. My bank statements show no payments to MBNA for any amount. Also all 3 CRA's show the balance the same for the 6 months up to default from my last payment 3 months before they say a payment was made.

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You simply put them to strict proof to disclose the source of the " Phantom Payments " by who ...account number ...sort code ....branch.

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oh yes restons do this all the time

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

So an update.

 

Reston's went for a Summary Judgement back in July.

I attended the hearing but the judge threw out their case and awarded me costs, which they paid.

 

It was moved to Small Claims track and we have a hearing date next week.

 

I submitted by WS with the details I mentioned above.

I received their WS and they still don't show proof of payment with card details, bank detail nothing.

They just say that MBNA have sophisticated systems that show payments

 

they provided an account log of all transactions that show the 2 payments alleged.

They can only provide me with 1 actual statement from 2 months before the last alleged payment

showing the balance corresponds with that of their log.

 

Strange they don't produce the actual monthly statements for the period the payments are alleged to have taken place

(something I will point out to the judge).

 

Any ideas how this will play out in court?

Will the judge be looking for strict proof like I requested or are they likely to believe the sophisticated finance house?

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might be an idea to scan up to ONE multipage PDF

their WS.

 

follow the upload

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Well I thought I would update the thread to let you know that I WON!!!!! The DJ struck out their claim and awarded me costs. He emphasised the burden of proof to show the debt was not SB was with the claimant and the evidence produced lacked this clarity. I think the evidence I also displayed went a way to throw reasonable doubt over the alleged payments.

 

So it just shows you never give up and fight your corner against these bullies.

 

Thanks for all the help and advice on the thread. If someone wants to update the title to WON that would be great.

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Told ya. Well done

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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A very well done DeBilde..thread title amended.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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