Arrow/Restons claimform 1998 HSBC loan debt

[Janus]

hi guys

 

I do and have appreciated all your help.

 

my main focus, priority had to be my health, I nearly did not make it through 2017

 

I have had surgery twice and poor health for past 18 months. I have only just got back on feet, 90% health over past 6 weeks or so

 

I will post up my defence over next day or so

[dx100uk]

don't need to see your defence we need to see THEIR evidence re post 65

[dx100uk]

threads merged and tidied

[BankFodder]

don't need to see your defence we need to see THEIR evidence re post 65

 

actually I'd be interested to see the defence as well please

[Janus]

[ATTACH=CONFIG]71186[/ATTACH]

 

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.

 

as per request,

 

I understand you now want to their defence

 

their defence was based on printed so called bank statements (around 50 pages worth. Did not authentic to me. They were not letter headed, anything like that), which contradicted my own electronic statements (which were printed off as part of my defence)

 

came down to, and from what I have read online, the judge only has to see a shred of so called statement, evidence on their part, you are up against it

[BankFodder]

For some reason or other, the attachment won't display. Can you try to post it again please.

 

I'm not sure what you are saying about the defence. I'm referring to your defence which presumably was about one page or maybe two pages long.

[AndyOrch]

OP defence is in post #22 (Statute Barred)...assuming the merged thread is one and the same as the OP has yet to confirm it is ?

[BankFodder]

Thanks. Is that post 22 of this thread? Because it is I can't see the attachment.

[AndyOrch]

then no need to do anything more than file the SB defence now

on mcol website

 

 

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..

 

Its not an attachment ...as above

[BankFodder]

In that case I really lost the plot. Sorry.

 

If a statute barred defence was filed then I really don't understand how come the case was lost. I think someone needs to spell it out to me in very simple words

[Janus]

ok, here is my statement, their defence was based on last payment being 2013, but, I had records to show that that was already a previous gap of more than 6 years

witness statement_upload_24.3.18.pdf

[BankFodder]

Thank you. I need some clarification.

 

You say "their defence". Presumably you mean your defence.

 

I suppose you are saying that they claimed on the basis of your last payment being 2013 – but you are disputing this and you are saying that your last payment was in fact made more than six years ago. Please can you tell us when and also why do they think that the last payment was made in 2013.

 

Secondly, where did you get the template for this witness statement? For what part of the proceedings did you find this witness statement?

[BankFodder]

Did you attend the hearing?

[AndyOrch]

This is what happens when you fail to keep your thread up to date (Last post Jan ..next post.... March....case over ) we do not really know what transpired after the claimant made application to lift the stay and request strike out/summary judgment...no advice was given with regards to opposing the application or submitting a witness statement in response.

[BankFodder]

Yes. Frankly I think it might be helpful if the OP starts a new thread and begins by outlining what has happened in a brief bullet pointed chronology and then maybe we can get back in control of this story

[dx100uk]

na keep it all here.