Hi guys, glad I hit refresh now! Yes their POC states loan agreement, but it was definitely a credit card. Never ever had a loan with them. I can access the Standing Order online still and the reference number for it isn't the reference number for this. ie the reference on the standing order is 123456789, but the reference on this is 987654321 As for the SAR, I'm currently spitting fire here over that as I asked the wife if she'd seen the receipt paperwork for sending it and she dug the actual SAR out of her handbag and said "u mean this?" Fuming, absolutely fuming.

good thinking, thank you for that not been thinking too clearly recently :s

saved as draft atm, yes i know its bolshy, but i wont allow my daughters care to be compromised when she arrives in May. If that means I have to be a bigger ***ck than I've already been, so be it

Sirs I can confirm that I am in receipt of the Claimant's "Witness Statement". In the spirit and rules of the Overriding Objective of the CPR, I am willing to enter into MEANINGFUL discussion regarding this case. First though, some background, as Wescot seem unwilling to accept a couple of things, which I wish to make perfectly clear to the Court, and as vindication at least on my own admittedly, haphazard defence of this case. 1. Regardless of what Wescot say, and are prepared to say in Court, I have been resident at this address for in excess of 8 years. This is a matter of public record. Yet in all that time, and despite extensive searches of this property, I have not one item of paperwork from Wescot relating to this debt, other than their original claim, issued in late 2010. Now whether this is down to Wescot or myself I do not know. 2. The Claimant refers in his Witness Statement to my Application to Set Aside as not being prompt. If he has read the Application, and paperwork that was attached, then the Claimant is aware that there have been ongoing health issues which have contributed a large part to the haphazard defence. Indeed I have offered to the Court to make medical evidence available to the Court, should the Court so decide. The Claimant appears to be purposefully ignoring this fact. 3. Whilst the Claimant has indeed submitted evidence in support of their claim, the evidence itself appears to be incorrect. For example, their exhibit MR-4 refers to statements from Marks & Spencer plc. I have spoken to M&S myself regarding these, a most helpful young lady by the name of "May", advisor ID "MG1", using the account number supplied, and can confirm that M&S confirm that neither the account number nor the name quoted on the statements are in fact mine. 4. The Claimant states that they received a number of payments against the M&S account, yet the reference numbers do not tie in together. And whilst I am unable to prove that I never made payment against the M&S account, I feel that there is enough doubt to at least raise the matter and bring it to the Court's attention. 5. As I am unable to refute entirely the Claimant's claim that this is NOT a statute barred case, then I must enter into a repayment discussion, which is what the rest of this email refers to. Referring to the previous Application for Attachment of Earnings Order made, which I can confirm as being unchanged at this time, or for the foreseeable future, then I make the Claimant the offer of £5.00 GBP per month, on the understanding that: a) They do not "sell on" nor "assign" nor otherwise dispose of this debt to a third party for collection or enforcement action, or any other action, so long as they receive the above amount every month. b) At the end of May this year, 2011, my wife is due to give birth to a child with a congenital heart defect, Hypoplastic Left Heart Syndrome, a very rare and deadly form of heart defect. The projected survival odds without invasive open heart surgical procedures, are 0%. The projected odds with invasive open heart surgical procedures are around 60%. There is no cure for this form of heart defect. And at any point, the child may still deteriorate to the point that their heart can no longer sustsain them. With this in mind, at no point are Wescot to commence further contact in an effort to obtain further increases in the above rate of payment, so long as point (a) above has not been breached. c) Debt Collectors are well known for their "bully boy tactics", and although I have never experienced such tactics with Wescot, I am sufficeintly aware of them to insist that Wescot themselves at no point will ever resort to them. I would draw the Courts attention to an article in the Daily Mail in 2007 http://www.dailymail.co.uk/news/article-484772/Grandmother-terrorised-death-bank-wrongly-hounded-16-000.html. Further, I would draw their attention to the numerous Consumer Forums (CAG, MSE to name but two) asking for assistance in dealing with Wescot. THIS account, with point (b) above in mind, is to be handled with the utmost sensitivity at ALL times. d) Should Wescot decide to breach any of the points above, then a claim for compensation will be made, for no more than the amount outstanding, unless it can be proven that Wescot's actions have led to a failure in care for the child mentioned in (b) above, and, as a result of that failure, the child's health has been detrimentally affected further. I would be grateful if the Claimant lets me know whether or not they accept these terms, by either return email with the Court copied in, or by letter, with a cc to the Court, no more than one calendar week from 21 March 2011.

As this is so stacked against me, and on the grounds I have no fight left, I'm going to email Wescott and the Court, make them an offer and be done with it. Thanks for all the advice etc, really do very much appreciate it.

oops, missed a question, was direct to wescott

Well oddly I thought no, but looking at the application, my ex wife is, or was, an additional card holder. Got no memory of that tbh. As for setting up a standing order, it would have been me that did it, but again, I maintain that theres no earthly reason I would have set one up on this as I was concentrating on trying to clear smaller ones at the time and to set one up with them would have been the equivalent of ****ing in the wind due to the amount owed. Ergo I wouldn't have done, at least not knowingly. And my current wife doesn't set up standing orders / direct debits etc, she leaves all of that to me, always has done, so I know she never would have.

Thats what I was afraid of. My wife gives me access to her account, still solely in her name, and I tend to deal with all payments etc. Although I'm still more than 100% certain that this is SB, being able to prove it is another matter. As for stopping payment, I have no idea, although looking at the state of the bank account at that time its entirely probable that we just weren't able to sustain that level of payment, whether it was for that account or any other.

Final balance on the M & S statements is £6269.94. Unfortunately, yes they DO look like my original transactions at the time, although still a little confused over the whole wrong name and and account number thing. Not relying on that part tho I've checked the wife's bank account and there ARE payments to Wescott at the times that they state. However, again, the references on the payments do not tie up with the reference against this account as it is now.

They say balance at assignment was £6109.94 if I paid in F & F at that point otherwise interest of ££2334.16 plus costs of £290, plus interest will continue to accrue until payment. The page that I've scanned and uploaded is the front page of several. Couldnt see much point in scanning the rest in as they were all pretty much of a muchness, same incorrect name and account number

Think these links are right, let me know if not:

uploading now, identifiers edited

Agreed, but in this case I think nothing ventured nothing gained. JUst wish I could find the SAR paperwork I already sent, well the copy etc, if u follow. In the process of scanning everything they sent today so will post that up soon as I'm done, in between sorting kids etc.

Off the top of my head no, only to say that I know damn well that nothing was ever paid by me against this one due to the sheer amount of it and the desire to clear smaller ones first. Could try and be sneaky and phone Wescott up against the reference number on the standign order that I DO have, see if that yields anything. They've been SAR'd but I can't put my hands on the paperwork for that at this precise moment...fair play my filing sucks these days :s

Nothing anywhere in the house relating to anything to do with M & S or Wescott. At all.

Need a trip up into attic to see if any older paperwork is up there, brb

Well yes I maintain that I've had zero contact regarding this account, altho its not beyond the realms of possibility that I've made payments to Wescott on other stuff. The relevence of the M&S Statement is that the original debt was with M&S. Out of curiosity, I just phoned M&S to see if they could verify when they last received payment on the account, and the account number given on the paperwork that Wescott supplied in their witness statement, isn't even mine!!!!

The evidence of payment that they have provided is a photocopied statement on M&S headed paper dated 15/11/10 and a "Statement of Payments" between Wescott and myself on blank A4 paper. The judgement itself was granted just before Xmas, but owing to ill health, wasn't acted upon until they went for enforcement action in February. Tbh, on the basis that we're having further WORSE ill-health in the family from the end of May (a child with a congenital heart defect), I'm tempted to withdraw the Application for Set Aside, make my apologies, make them an offer of £5 pm which would be about all I COULD afford), and just pay it off for the next 35 years! Just to do away with the extra hassle that I can well do without right now. As a further note, I've checked the payments that they say they received against this account with older statements, and the reference number on the standing order doesn't tie in with the reference number quoted in any of the paperwork they've recently sent regarding this, which makes me think "creative accounting"...but then can I really be bothered fighting this right now when I have other more important things to think about? Oh bugger it, I don't know anymore!!!!

Will post more up once this damn laptop stops acting up :s

Thanks Elsa. No idea atm as head's all over the place. Just received copy of Claimant's Witness Statement in post, which is what I assume they're going to rely on in Court on 31 March. As follows: I, Wescott Employee, of Wescot SPV Ltd, will say as follows 1. I am tasked by the Claimant as a Litigation Manager and have the conduct of this file on behalf of the Claimant. I am duly authorised by the Claimant to provide this Witness Statement. 2. I have had access to the Claimant's file of documents and the CLaimants computerised case management system in connection with this matter. The contents of this witness statement come form my own knowledge except where indicated. 3. In accordance with the Law of Property Act we exhibit a copy of the Notice of Assignment which we can confirm was served upon the Defendant (Exhibit MR1) 4. The claimant can confirm that the Judgement entered for £8863.20 is a regular Judgement, for the reasons below:- 5. The Claim FOrm and Judgement were served by Northampton County Court to the address of: a complete miss-spelling of my actual address which the Defendant has confirmed as his correct service address in his Application dated 22 Feb 2011, therefore in accordance with CPR.6.9(2) the documents were served at their usual or last known residence. The claimant is also able to confirm that the defendant received the claim issued 29 Oct 2010, filed an acknowledgement of service on 8th Nov 2010, but failed to respond further (Exhibit MR2) 6. Claim is in respect of a credit agreement signed by defendant which he has failed to repay. Credit agreement was commenced on 14 May 1998 in relation to Marks & SPencer Account Card. Copy of signed agreement is exhibited at MR3 7. Defendant has stated within his Application to set aside Judgement that "I respectfully ask the Court to set aside original Judgement on the basis that the alleged debt is statute barred under the provision set our under section 5 of the Limitation Act 1980" Claimant accepts Defendants claims underSection 5 Limitation Act 1980:- An action founded on a simple contract shall not be brought after the expiration of six years from the date on which cause of action accrued. However I point to section s29(5) and (6) Limitation Act 1980 which state: Limitation period can be restarted by an acknowledgement or part payment:- where the right of action has accrued to recover any debt, and the person liable or accountable for the claim acknowledges the claim or make any payment in respect of it the right shall be treated as having accrued on and not before the date of acknowledgement or payment Claimant exhibit at MR4 a statement of transactions showing the financial history of the agreement for the final 3 years before assignment (Oct 21st 2003 to 7th Sept 2006) and also exhibits at MR5 a statement of payment made to the claimant which confirms that at no point during the agreement has there been a period of 6 years between acknowledgement or payment and this Claim was issued within 6 years of the last payment. The claim is therefore not statute barred. 8. As the sum claimed is not statute barred and the defendant does not deny receiving or benefitting from funds advanced to him by the creditor or shown any evidence to dispute his liability for the sum claimed, as per CPR 13.4(3) which states: An application under rule 13.3 (cases where the court may set aside or vary judgement) must be supported by evidence. the Claimant therefore feels CPR 13.3(1) applied to this case and the Defendant has to show that he had a real prospect of successfully defending the claim. The claimant would stress that a "real" prospect must be more arguable and the case of ED&F Man Liquid products Vs Patel (2003) EWCA Civ 472 states that The burden of proof was on the defendant The claimant also refered to the Case of ICI chemical & polymers ltd vs TTE Training Ltd (2007) EWCA Civ 725 24.2.3 The claimant submits that this case states that a case should not proceed to trial on the basis that some further evidence may materialise in the future 9. I refer to CPR 13.3(2) which confirms that the court must have regard to whether the person seeking to set aside judgement has done so promptly. The defendent application of 22nd February 2011 is clearly not PROMPTLY I also refer to Nolan v Davenport (2006) EWHC 2025. It was ordered that; a debtor who did nothing until the creditor sought to enforce the judgement. The applied to set aside judgement, was refused permission to set aside, it being held that the debtors conduct amount to an abuse of process 10. In an application to set aside rge claimant is entitled to their costs we would direct the judges attention to Evans V Bartlam 1973) AC 473. This states that the court should order that the claimant receives their costs when the court sets aside a regular judgement.

I would increase that to 50 / 60 days myself as it can take them up to two weeks to actually pop anything in the post to inform you in the first place

They can defo be proven, as stated in my Application to Set Aside, I have more or less invited them to review medical evidence, certainly told them it would be available to the Court if requested. As for "how do I know that they knew it was SB?"...apologies, I tend to tar all DCA's with same brush and accuse them of underhand tactics before I can support that claim. In retrospect, they may not. I doubt that personally, but I do concede that they may not.

Okies will drop the "fraud" part at the earliest opportunity. Aside from the actual CCJ itself, there's zero on my CRF about this prior to October 2004 and then only a previous address (which is incorrect anyway, as in 2004 I was at my current address). Between then and the claim being issued, nada. Have already aknowledged to the Court that I fouled the defense up in the first place.

Have now received Notice of Hearing (31st May) in my local County Court at 2pm for the Defendant's Application to set aside the Judgement dated 22 February. Apparently 30 mins have been allowed for the hearing and parties should file and serve statements at least 5 days before the hearing. I've emailed the court asking what that last actually means, but I'll ask here as well. In the meantime, still haven't received anything back regarding the SAR, but in all honesty I'm not expecting to either, certainly not in time. Unfortunately, this isn't something I can allow to go on for much longer past 31st March owing to some extreme health conditions within the family, my own notwithstanding. Briefly, my wife is currently pregnant with a child who has been diagnosed with a congenital heart defect which, in the consultant's terms, is "incompatible with life." The child, once born, will require open heart surgery within the first few days of birth, another one at a few months old and another one at a few years old. Projected odds for survival, 60%. SO, as you can imagine, I'm currently under a massive amount of stress to sort this out NOW. The Court has been apprised of this in my initial Application for Set Aside, as being the reason that it wasn't properly defended at the time Wescott brought the initial claim. I have also stated that this can be backed up with medical evidence if the court so requests. On the initial application to set aside, I have ticked the box "the evidence set out in the box below" and stated the following: THIS DEBT FALLS WITHIN THE PROVISIONS OF SECTION 5 OF THE LIMITATION ACT 1980. IT IS A MATTER OF PUBLIC RECORD THAT I HAVE RESIDED AT MY CURRENT ADDRESS FOR THE PAST 8 YEARS. IN THAT TIME I HAVE HAD NO DEALINGS WHATSOEVER WITH THIS DEBT, BY TELEPHONE. LETTER, EMAIL, PAYMENT, NOR ANY OTHER METHOD, ACTUAL OR INFERRED. THIS CAN SUBSTANTIATED WITH A SIMPLE CHECK OF MY CREDIT FILE (ATTACHED) FURTHERMORE I AM OF THE BELIEF THAT THE CLAIMANT IS FULLY AWARE OF THE ABOVE AND IS ATTEMPTING TO USE PERCEIVED IGNORANCE OF THE LEGAL SYSTEM IN AN EFFORT TO FRAUDULENTLY OBTAIN MONIES THAT THEY ARE NO LONGER ENTITLED TO. IN ADDITION, NO DEFAULT NOTICE HAS AS YET BEEN ISSUED, NOR ANY OTHER PAPERWORK IN SUPPORT OF THE CLAIMANT'S CLAIM, BEYOND AN EXTREMELY VAGUE PARTICULARS OF CLAIM. For info, their PoC was: The Claimant claims for sums due under a/various Personal Loan Agreement(s) entered into between Marks & Spencer plc and the Defendant. The rights of MArks & Spencer plc passed to the Claimant pursuant to an assignment dated 19/01/06 between Marks & Spencer plc and the Claimant. The agreement(s) was/were terminated upon the Defendant failure to comply with terms of the Agreement(s) and or the statutory Notice of Default served by Marks & Spencer plc. And the Claimant claims: Personal LOan Account 123456789 balance of £6109.94 as of 19/01/06 Interest under Section 69 of the County Court Act 1984 at the rate of 8% a year from the assignment Date(s) to 01/11/10 of £2339.52 and also interest at the same rate up tot he date of judgement or earlier payment at a daily rate of 1.34 AND costs.

claim was acknowledged online, however, due to other "distractions", i failed to file a defence and basically left it sitting on a back burner too long - hence the reason its at this stage now. Have now SAR'd Wescott, and sent back paperwork requesting the set aside. Also sent back the Application for Attachment of Earnings which basically states im not even prepared to offer them a penny a month