Arrow/Restons claimform 1998 HSBC loan debt

[Janus]

letter from court was dated 4.11.17, guess it will be another couple of weeks before I hear anything more ?

 

just an interim question, thats all (before I can upload any letters/docs from restons, tomorrow)

 

I appreciate all the help everyone has given to me, thank you

[Guest]

no worries as you asked about it again, just thought type up its main text in case its anything urgent.

[Janus]

I have scanned is pages from N244

 

the bank statements they have provided don't look real to me

 

my records show last payment was end of 2002

[dx100uk]

removed your links

please attach them HERE as one multipage PDF

read UPLOAD

 

and you've left ref numbers showing too

[Guest]

I have scanned is pages from N244

 

also do the court letter 4/11

[Janus]

here is N244 stuff (redacted, all the boring jargon not included)

 

N244 :

Alternatively, if the court is not minded to deal with this application on an ex-parte basis, the

Claimant seeks an Order: -

 

1. To lift the stay on these proceedings; and

2. To strike out the Defence pursuant to CPR 3.4(2) of the Civil Procedure Rules on the basis

that it discloses no reasonable grounds for defending the claim and/or is an abuse of the Court

process; or

 

3. In the alternative to (2) above, an Order for Summary Judgment against the Defendant under

Part24.2 of the Civil Procedures Rules. The Defendant has no real prospect of successfully

defending the claim and there is no other compelling reason why the case should be disposed of

at a trial; and

 

4. That the Defendant do pay the Claimant's costs on a contractual (indemnity) basis, pursuant to

CPR 44.5.

 

(iv) Prior to and since being served with a copy of the Defence, my firm has written to

the Defendant on a number of occasions, including instances whereby my firm

provided the Defendant with documentation relating to the account and which is

exhibited to this Witness Statement. Copies of all correspondence exchanged

between my firm and the Defendant are exhibited to this Witness Statement at

"CGQ4", with the exception of any "Without Prejudice" correspondence.

 

8. In my respectful submission, the Defence should not succeed because: -

(i) The Defendant does not dispute signing the Credit Agreement, being provided

with a loan or the fact that the loan has not been repaid. It is my respectful

submission that in order for the Defendant to assert a belief that the outstanding

debt is statute barred he must be aware that this is an account he entered into and

whereby he accrued the debt;

 

(ii) Throughout the lifetime of the account, the Defendant would have been sent

annual statements of account by the original creditor which would have recorded

payments made towards the account and the application of contractual interest /

charges, as well as confirming the outstanding balance;

 

(iii) The Defendant does not allege that he is still being pursued for this debt by the

original creditor and hence there is no sensible reason for the Defendant to

challenge the assignment of this account. It is my respectful submission that the

Notice of Assignment exhibited to this Witness Statement confirms that the

Claimant fulfilled its obligations by issuing a notice, pursuant to Section 136 of

the Law of Property Act 1925;

 

(iv) The information provided to my firm is that the last payment credited to the

account was on 10 November 2012 and that a balance of £4,700.82 remained

outstanding at the time my firm were instructed. This information correlates with

the Statements of Account exhibited at "CGQ2". In view of the date of the last

payment, legal proceedings have been issued within 6 years and therefore the debt

is not statute barred.

 

9. I acknowledge that these Proceedings have been stayed since October 2016. Following

receipt of the Defence, my firm made the decision to allow the Claim to become stayed

automatically so that attempts could be made to obtain account documentation from the

original creditor and to try to resolve matters amicably with the Defendant in order to

avoid the need for this litigation to continue. However, as those attempts have been

unsucce'sful, I respectfully ask the Court to now lift the stay.

 

10. 1 also respectfully ask the Court to strike out the Defence on an ex-parte basis and to

enter Judgment in accordance with the request attached to this Witness Statement at

"CGQ5". That request seeks costs on entering Judgment and a breakdown of those

 

court letter from 4.11.17 :

 

This claim has been transferred to the County Court at ************ for that court to deal with the

claimant's application to lift the stay and for summary judgment.

That court will refer the application to a judge, or, if there is to be a hearing, will send you and the other parties

notice of the time, date and place of hearing.

You will be sent a copy of the judge's decision.

All further communication should be addressed to:

The Court Manager

Courts Of Justice

*******

 

hope this helps.

 

costs is detailed in the Statement of Costs attached to this Witness Statement at

"CGQ6". I respectfully ask the Court to award those costs on the basis that:

 

(i) The Defendant has been given numerous opportunities to withdraw the Defence

previously filed, but has not done so; and

 

(ii) The costs sought, are in my respectful submission, reasonable and proportionate.

 

11. If the Court is not minded to deal with this application on an ex-parte basis then I

respectfully request that the application be listed for a hearing with a time estimate of 40

minutes and that the application be treated as an application:

(i) To lift the Stay on these proceedings; and

(ii) To strike out the Defence; or

 

(iii) For Summary Judgment; and

(iv) For an Order that the Defendant do pay the Claimant's costs on a contractual

(indemnity) basis, pursuant to CPR 44.5.

 

12. The Claimant's Application Notice and this Witness Statement are based on the issues

pleaded in the Defendant's Defence. If the Court is not minded to deal with this

application on an ex-parte basis, I respectfully request that it should be listed for a

hearing. If the Defendant attempts to raise new allegations at that hearing which have

not been pleaded in the Defence, the Claimant reserves the right to request an

adjournment of that hearing and to seek an Order that the Defendant do pay the

Claimant's costs of the adjournment, together with any other costs incurred as a result

of the adjourned hearing, but not limited to, the costs of filing and serving further

evidence to deal with any new allegations raised by the Defendant.

 

this is final, continuation of N244 page

 

sorry, been long week, I am very fatigued.

[dx100uk]

we need to see their evidence its not statute barred read upload

[Guest]

court letter from 4.11.17 :

 

This claim has been transferred to the county court at ************ for that court to deal with the

claimant's application to lift the stay and for summary judgment.

That court will refer the application to a judge, or, if there is to be a hearing, will send you and the other parties

notice of the time, date and place of hearing.

You will be sent a copy of the judge's decision.

All further communication should be addressed to:

The Court Manager

Courts Of Justice

*******

 

 

thats ok then.

if you haven't had anything from the court since then, it's waiting to hear from your local court on that.

[Janus]

they have some non-letter headed plain paper with last payment date as 2012

 

my electronic statements show 2005 as last payment, but I have not submitted this as evidence yet?

[dx100uk]

and yu don't need too.

 

we need to see their documents please

[Janus]

this is their statement allegedly obtained from bank

 

you will see their statement bounces back the £40 payment per month

 

according to my electronic records, last payment was 2005

scan statement reduced.pdf

[dx100uk]

so when was the last successful payment according to their statements

a bounced payment does not count

[Janus]

so when was the last successful payment according to their statements

a bounced payment does not count

 

I will go back over their 50 pages of crap and try to see when the last successful payment was. No more letters since 4.11.17 from court

[Janus]

ok, court date is end of March, what do I need to do to prep my defence ?

 

even based on their records last payment was 2012

[dx100uk]

scan that sheet up

[Janus]

I lost my defence hearing today at court, between Arrow and myself

 

I will now have to deal with options on CCJ, pay all (if I can), pay in installments, or tell them to go whistle dixie,

 

I do not have house/mortgage, am self employed.

 

part of me wants to tell them to go take a long jump off cliff

 

I did a good witness statement based on Statute Barred ( I probably left the CCA request etc too late due to ill health last year which distracted me, took my eye off the ball. My health had to come first, without that we are nothing)

 

another poster wrote a good post about 'what can they actually do even with CCJ', something like that (if you have no house/mortgage etc). Post was few years back (dont know if I can put posters name here, or link to his post ?). It kind of cheered me up a bit today.

 

anyway, been long day, I got another 1.4k slammed on top of 4.7k debt to boot from judge for their costs. I had good witness statement and good case , but he was always going to side with the claimant, plain as day.

 

my advice to all is not to sit on these things, take all the advice here on this forum and get the CCA requests etc in as soon possible

[BankFodder]

Maybe somebody would correct me here but I would have thought that if there is no CCA, then the alleged debt is unenforceable – in which case this would be the basis for applying for set-aside.

 

Have you made a request for a CCA?

[Isiris]

Sorry but how did you get hit with £1400 of costs in small claims.

[BankFodder]

Sorry but how did you get hit with £1400 of costs in small claims.

 

Yes - very good point.

[AndyOrch]

£185 to issue the claim......£100 Sols fees ...£335.00 hearing fee......did they instruct a Barrister to act at the hearing ?

[Janus]

thanks for replies, I am dushed after the hearing yesterday, tough day at work today, so am worn out

 

Sorry but how did you get hit with £1400 of costs in small claims

 

the judge gave me a load of waffle about fast tracks etc and from what I can recall said the case had not been officially allocated to the small claims, or something along those lines. To be honest at this point yesterday I was phasing out, I just wanted to get out of there

 

I guess it will be few days before I see the paperwork, bill from Restons, for costs

 

At the end, the solicitor and judge starting talking about another case in front of me. Which I found unprofessional really. Just my opinion. Clearly they work together on a regular basis

 

the judge was not interested in my defence at all really,

 

I did make a CCA request, all I got back from the original bank was 'they do not recognise me on their system from the account details I provided' which were 100% correct

 

I made a SAR request to get back up copies of my statements, again the original lender (HSBC) did not comply with the request. I did get a reply, but I heard nothing else

 

I did all this 3 months back, so was probably late in timescales, but I have had very poor health for past 18 months. I have had x2 major ops in 18 months, and this had to be my no.1 priority, to get back to some kind of good health, a process which I am still working on

[AndyOrch]

Fast Track...that makes a difference.......Fast track claim hearing fee £545........ Issuance 4.5% of the value of the claim....as we dont know the details of claim and you have not confirmed if the link posted above is connected (Post #2)....... its difficult to comment.

[shamrocker]

If that case linked above is yours, it would be interesting to see your witness statement (identifiable details removed first).

[BankFodder]

Could you set out the chronology of this debt. You are suggesting that it was statute barred. Also you requested a CCA but they didn't give it to you. Is this all correct?

 

Please could you post up your defence in PDF format

[BankFodder]

I've had a quick look at the previous thread. I see that people have been helping you for some time but in December you were asked by a team member DX to let us know the date of the last payment. You told us it was 2012.

 

Then team member DX asked you in January asked you to post that sheet up and since then there has been no response. You simply said that you were preparing your defence.

 

I think you need to start responding to this thread and act quickly if you want to do anything.

 

I appreciate the you may have had various problems but I think that now you are being hit by this very large sum of money, you need to start prioritising things a bit better.

 

Please will you respond on this thread to the request made by team member DX concerning the last payment and also please post up your defence. I wouldn't hang around any more