Arrow/Reston claimform - Egg 'debt' well sb'd

[Fishlad]

Hi,

I got a ccj claim form through from arrow global for the sum of £2535.

 

The particulars of the claim are an overdue balance between me and egg dated on or around Jan 12 2007.

 

I had a credit card that I maxed out and they "persuaded" me to turn it into a loan which I couldn't really afford the repayments and defaulted.

 

It went to a DCA and as I was young their threats of court scared me into giving them an income and expenditure sheet and subsequently agreeing to pay £40 per month.

 

However they took £140 out of my bank on the first direct debit.

I complained, but they said I'd agreed to it!

I cancelled the DD and cut all communication.

 

It has been through several DCA's since.

To my mind I haven't paid or acknowledged the debt in 7 years.

 

I applied for an acknowledgment of service and sent restons solicitors a letter asking for the true copy of the executed credit agreement,

a copy of all records they hold on me relevant to the case

 

. Restons sent it back because I'd not signed my name only printed it

(I'd read on other forums not to sign anything)

time was running out so I submitted a statute barred defence.

 

I received a letter today 20/09 from restons saying they have received my defence

however I have not provided any details when I last made payment or acknowledged liability for the debt (it's not for me to prove?)

 

they also say they have information that the last payment made was on 28/12/2012

(I don't recall this)

they say my defence has no prospect of success and to withdraw my defence and complete a N9A form and return it within 14 days or else they will make an application to strike out my defence and seek an order for me to pay their clients legal costs.

 

What are my options left to me?

[obiter dictum]

When do you believe you made the last payment??

 

If you filled in an income and expenditure sheet and the DCA took a payment then statute barred will start from then, not with the original creditor. What date was that

 

What was the date your originally took out the agreement with egg??

Edited September 20, 2016 by obiter dictum

[dx100uk]

That's what rectums always say on an SB defence

And make phantom payments

 

When did you file your defence?

 

Moved to legal forum and retitled too

[Fishlad]

I took out the agreement around 2005

I don't have the original paperwork,

I defaulted in 2007,

 

 

I'm sure I only made one payment to the first DCA not long after.

 

 

Since then at least 4 other DCA's have bought the debt and I've ignored them all.

 

 

My defence was submitted just before the deadline on the 31st of August.

 

 

Have I got time to ask restons to send me proof of their supposed payment I've made?

[dx100uk]

why don't you go ring Egg Canadian square operations

and ask last payment date?

 

 

if you filed the sb defence

then paperwork or not makes no odds

it proving the payment or not.

 

 

and its for rectums to prove the payments

not you to prove you didn't.

[Fishlad]

Get this!

 

 

Just got off the phone to my bank who confirmed the only outgoings on my account were an ATM withdrawal and my water bill!

 

 

They are going to send me a hard copy of that statement through the post so I have proof should I need it.

 

 

I'm fuming at them for making me doubt myself. Where do I go from here?

 

I feel like reporting them to the solicitors regulation authority for using a blatant lie to scare me into retracting my defence

[obiter dictum]

I agree, just ignore rectums. You have stated in your defence the account is statute barred. It is for them to prove it is not statute barred, not you

 

This is well and truly going nowhere

[Fishlad]

I hope so, it couldn't come at a worse time.

 

 

I'm worried to death about getting a CCJ at the end of all this because we are supposed to be moving next year and there will be fat chance of that with a CCJ hanging round my neck.

That's why I'm fighting this tooth and nail!

 

Do I just sit back now and wait for an outcome from the court?

 

 

I've never had to do anything like this before.

[obiter dictum]

Yes do nothing, let rectums make the next move. Remember you never tip the other side off on anything unless your really have to, such as any court directions

 

Think of it now as a game of chess

[dx100uk]

bank might be ok

but go ring Egg loans HQ

at Canadian house

 

then you have one over on rectums

as you've spoken to the OC

yours is not the only one they appear to have produce fake egg statements for payments on an account.

 

play it cute for now

 

but IMHO what your band says makes little odds asit stands

you could have other accounts

 

not 100% proof

 

get the info from egg and nail rectums!

[Fishlad]

I'll keep you all posted when I get contacted again, thanks for all your help!

[Fishlad]

It turns out I made a payment to Moorgate on the 31/12/12. This was my last payment/acknowledgement of this account. My SB defence is [removed] now. Do I get in touch with restons, retract my defence and throw myself at their mercy and see if they will take a payment plan? I don't want extra legal fees on top of a CCJ.

[Old Cogger]

did you make this alledged payment? is it a phantom payment often used by these criminal sharks,?? if you did not - send letter to the effect that you dispute this payment mention asking for proof = How paid/ by whom/ cheques/ cash /debit card on what account etc.

[Fishlad]

Restons say the last payment received was on 28/12/12, of which there is no record of this on my bank statement. However, there is record of a payment to Moorgate who was the DCA at the time for £20 showing on the bank statement for 31/12/12 so I'm guessing I rang up and paid them on the 28th and it came out of my bank 3 days later. Although it was that long ago I honestly can't remember

[Old Cogger]

if it is on your bank statement then that is it, see what Dx or Andy has to say?

[obiter dictum]

Rectums always say some sort of payment has been made even if you did not make it

 

You need to be replying saying you do not recognise this payment and to supply details of when and how that payment was made.

 

But if it is on your bank statement that you made a payment, irrespective of which DCA, you are stuffed

[Fishlad]

Ok, do you think they would accept a payment plan or will they just enforce the CCJ at this late stage, in your opinion? I have no experience in this to know what happens next but thanks again for your help

[obiter dictum]

Wait for more replies but if they have you over a barrel then you can negotiate a repayment plan direct with rectums. You can do what is known as a Tomlin Order and the court claim will be withdrawn. That will save you from getting a CCJ and enforcement etc.

 

This is not an easy way out and rectums have to agree but i will let others now debate the merits and pitfalls of such an order

[dx100uk]

As advised earlier

Go ring egg Canadian square operations

Find out and find out previous one too