Arrows/Reston claimform - old Sainsbury Credit Card - SB d?

[feebee23]

Hi everyone,

 

As the title says I am defending a debt as Statute Barred.

 

However have the following predicament.

 

The last payment I made was through CCCS/Stepchange in 2009 for which I have a statement that confirms this from them.

 

However on my old credit report date 2012 the payments show up in the 13/24 months bracket so the last payment I made on the 9th Oct 2009 is showing as paid In June 2011.

 

There are also payments in the 1/12 month brackets for random amounts that were not part of the original payment plan and the date of last payment according to the Claimant is April 2012.

 

I have no record of these payments on my bank statements so has anyone any idea where they could have come from.

 

 

I certainly wouldn't have paid by cash so am wracking my brains to think what these payments could be.

[dx100uk]

can we have the full story please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(4-Viewing)-nbsp

 

 

i'd be letting them work that out as well [the payment]

 

 

so phantom payment syndrome?

[feebee23]

I will get all that info together and post it up ASAP.

 

Thank you for replying

[AndyOrch]

Hi feebee23

 

If you would please read and complete the link posted in #2 (copy and paste the Qs and your responses back here) so we have all the history and details of the claim so we can advise the best course of action on how to proceed.

 

 

Regards

 

Andy

[dx100uk]

you indicate these statements have come from the claimant?

did you CCA/CPR or they've simply sent them?

[feebee23]

Name of the Claimant ? Arrow/Restons

 

Date of issue – 15 May 2017

 

Date to submit defence = 16/06/2017

 

What is the claim for –

 

1.The claimant claims payment of the overdue balance due from the defendants under a contract between the defendant and Sainsbury's Bank. dated on or about Aug 04 2006 and assigned to the claimant on April 23 2013.

 

Particulars a/c no xxxxxxxxxxxx

 

Default balance £5432.11

Post Refrl credit Nil

 

Total £5432.11

 

What is the value of the claim? Around £6k

 

Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? 2006

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim.Assigned a few times over I think

Were you aware the account had been assigned – did you receive a Notice of Assignment? To that I know of.

 

Did you receive a Default Notice from the original creditor? Im not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again not sure.

 

Why did you cease payments?Financial crisis

 

What was the date of your last payment?01/11/2009 – They state that it was March 2012

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan ? Yes

Edited May 25, 2017 by feebee23

[feebee23]

you indicate these statement shave come from the claimant?

did you CCA/CPR or they've simply sent them?

 

Sorry the payment statement was from the Consumer Credit Councilling Sevices not the DCA.

It just listed my payments and date taken.

 

I have sent out Cca,SAR and tCPR

Edited May 25, 2017 by feebee23

[dx100uk]

ok thank you

so what have you done so far?

[feebee23]

I have sent a SAR,CPR and a CCA

 

And also filed defence as Statute Barred.

[dx100uk]

bit silly really to send CCA/CPR if you file the SB defence..

SB is absolute it doesn't matter what paperwork they hold or don't

IMHO weakens your SB claim...

 

now so where has this info come from that its not SB'd, they replied to the CCA/CPR? from CCCS

edit...ah several posts ... then you keep that to yourself!!

 

and was it our SB defence you filed?

 

 

dx

[feebee23]

Crikey,does it!

 

I took this action on the advice of a Debt Charity.

 

The claimant has not responded yet to the Statute Barred defence.

I suppose my main concern is that my credit file from 2012 shows payments made in the previous two years when the actual payments were made in 2009.

 

That is the only thing that I can't explain or reconcile with my own bank statements.

 

Do you think I am done for now then and if so should I be looking to negotiate with Restons/Arrow.

 

And yes I used the defence from here.

[dx100uk]

not you wait

 

if they don't produce proof of its not SB'd

its their job to prove its not

not yours to prove it is!!.

 

what does your credit fil show today?

 

you can keep to yourself the info you have

don't tell the DCA for sure...

[feebee23]

There is no old debt on my current credit file at all and my credit rating is good...

[dx100uk]

good lets see them get that info then.

 

 

dx

[feebee23]

Hi I have had a letter back from Restons.

 

To summarise it says

that as I am defending as Statute Barred that they do not have to adhere to the request for CPR.

 

that if I send in templates letters garnered from websites that encourage people not to pay their debts then I am wasting their time.

 

stated since the last payment date was the 06/04/2012 then my defence will be struck off and judgement made if I don't send of the N9 form within fourteen days.

 

that I should have sent proof if I disputed making the payments such as six months of bank statements from the date of payment.

 

Any ideas what my next step should be.

[AndyOrch]

Completely ignore it......utter nonsense...disclosure comes after defence and allocation.

 

Andy

[dx100uk]

that's rectums for you .....:wave:

 

they've been losing far too many battles to CAG

and they don't like it up 'em Mr Mannering...

 

dx

[feebee23]

Thanks for taking the time to respond, especially on a Bank holiday... such a great bunch of people on here .

 

So I will ignore as per the advice here.

 

Any ideas what will happen next ?

 

So my defence is in ,do I have to do anything else online on MCOL or do I just wait to hear from the court?

[dx100uk]

you should have gotten a letter or email from the court regarding them sending restons a copy?

have you not had that yet?

what date did you file?

[feebee23]

I submitted my defence on the 16/05/2017 and have had a response from the court confirming.

Restons have also received my defence and responded with the N9 form.

 

Hope that makes sense to you and thank you again for replying.

[BazzaS]

Hi I have had a letter back from Restons.

........

stated since the last payment date was the 06/04/2012 then my defence will be struck off and judgement made if I don't send of the N9 form within fourteen days.

 

that I should have sent proof if I disputed making the payments such as six months of bank statements from the date of payment.

 

Any ideas what my next step should be.

 

Well, they have to get something right, if only by the law of averages .......

So, if they are saying that you need to file the acknowledgment of service within the time limit, and then a defence [again, within its time limit] (else they can apply for a judgmnet by default), then that is correct.

 

But that doesn't mean (provided you get your AoS and then defence in, in time), that your defence would be struck out.

You then file a witness statement stating that you didn't make any such payment, and that the last payment you made was on or before . You then put them to strict proof otherwise ....

Since it is hard to prove you didn't make a payment, once you state you didn't, it is for them to prove that you did in fact male the payment (& if you didn't ... they won't be able to prove it, will they!)

 

What are the odds then when put to strict proof they'll discover it eas in fact a payment made with the strict proviso it was for a SAR and not to be used towards the balance (or similar), or the payment was meant for a different account, and was put to your account due to an 'admin error' (it seems that such 'admin errors' occur often for debts that would othrwise by statute barred .... who knew?).

 

I submitted my defence on the 16/05/2017 and have had a response from the court confirming.

Restons have also received my defence and responded with the N9 form.

 

Hang on. The N9 is the response pack.

N9B is the defence ...

http://formfinder.hmctsformfinder.justice.gov.uk/n009b-eng.pdf

 

hmm, url not working on testing it, try : https://tinyurl.com/yah9nsjl

if you have submitted your defence, then Reston's already have that?.

[dx100uk]

just read the court letter again..its says they have 28 days...

[feebee23]

Hi Guys,

 

Posted a few months back and wondered if I could call on your help again.

 

To recap.

 

Defended a Debt as Statute Barred.

Claim now stayed for about eight months.

Received a printed copy of a CCA from Restons and Arrow along with copies of statements.

 

Here is the thing though.....The statements show the last payment to be 2009 so supports my defence.

They have stated in the letter that as now proof of ownerships has been established that I should pay the debt or they may have to look at continue with Court proceedings.

 

Do I need to reply to this or just sit and wait.

 

Any advice would be much appreciated

[dx100uk]

not your call the claim is stayed

if rectums wanna waste paying money om the fee to lift the stay

you'll hear from THE COURT

till then

you can ignore anything else

 

helps if you read a few like threads too...

[feebee23]

What’s a like thread?

 

Sorry to sound stupid,but maybe you mean don’t ask a question until you have read all the post on here in case it’s already been answered.

If so, sorry about that....must be a pain having to answer the same questions over and over.