Ok, how's this? Probably not the finished article, but I'm hoping it's nearly there. Response_update.pdf

Brilliant, thank you. I'll spend a couple of hours on it this morning.

Hi Andy Is this OK, it's not complete, but before I spend loads of time on it, I want to make sure that I have the correct format/process etc. There's a couple of paragraphs taken from other statements I have come across. I want to get the basic format right then work on the fine detail in plenty time. Also where will post #80 fit in? thanks Response_update.pdf

Hi Andy, Having just looked quickly at the attached statement, was my first effort along the right lines, only not presented the correct way. I've also come across more letters sent from other companies regarding the same account, offering a discount and the usual threats of doorstep visitors, letters that weren't sent with the court bundle I received from the solicitors, I don't know if that is significant or should be included in my statement. Also the notice of assignment, that they did send with the bundle, just looks like a regular letter and not necessarily from Yorkshire, no names or signatures, I've uploaded this, can this pass as a genuine notice of assignment. This was also sent to the old address, so I never received it at the time. Sorry for all the questions, I just want to get this right. assignmemt.pdf

Thank you Andy, I will have a look and get back to you when I have amended mine

Ok so my statement is rubbish, fair enough, it was a first attempt at something that I have no real idea of what I am meant to do, With regard to the supposed payments I made, is that sheet with a list of payments enough, it looks like something just cobbled together, there is no evidence, receipts etc, that they were made. Excuse my ignorance but what's my "irl statement"? What's the "OD defence"? What do you think a SAR to Yorkshire Bank will achieve, I have been sent all statements from Shoosmiths? Sorry if I sound clueless, just trying to get my head around this.

Have I not done that? I’ve only done a few to see if I’m on the right track, is there anything specific that I have missed?

Yeah fine thank you, trying to get it started early so it gives me time to get it right and submitted

Hi Andy, Can you have a look at the first attempt and let me know if I am going down the right lines. The Claim 3. The defendants do not dispute that they had a bank account and left an outstanding balance. The outstanding balance was because at the time of the defendants having the account, the bank treated the defendants poorly, and were adding charges to the account at an alarming rate, and would increase the overdraft limit on the account to cover the bank charges, therefore increasing monthly overdraft charges. Therefore the defendant believes that it was irresponsible lending on behalf of the bank. The defendants asked the bank for help to bring the account back in order by freezing interest and charges, which they refused to do. The defendants had no choice but to stop using the bank and leaving the outstanding balance unpaid, as the actions of the bank left the defendants in financial difficulty. 4. The 1st defendant did file a defence to the claim on the date stated. The 2nd defendant did not respond to the claim as the address used by the claimant for the 2nd defendant was a previous address, where the 2nd defendant hadn’t lived for a number of years, so never received the claim against them. Stay on proceedings 5. The claimant did not supply the requested information in the time period required by law. 6. If the claimant was relying on Yorkshire bank to provide the relevant information, then the defendant would presume that Yorkshire bank would easily be able to retrieve and supply the claimant with this information in a timely manner as they should have easy access to this documentation. The fact that the claimant did not claim the that they never received this information for 3 years make the defendant query whether the claimant have the correct authority to pursue this claim. 7. The 1st defendant received letters as stated. 8. The claimant did not supply the requested information within the required time frame. 9. The claimant sent the 1st defendant information that they claimed was from Yorkshire bank, stating that payments had been made by the defendant within the limitation period, which the defendant denies, as there is no clear evidence that any payments were made. 10. No response was received from the 1st defendant, as the 1st defendant believed that the claim had been stayed by a court and therefore no response from the 1st defendant was required. No response was received from the 2nd defendant, from either letter dated 2nd July 2018 or 15th November 2018, as the letters were sent to a previous address, an address that the 2nd defendant had not lived at for 10 years. The incorrect address is clearly visible at the top of the letters. Therefore the 2nd defendant never received these letters, so was given no opportunity to respond. 11. The claim has been stayed for 3 years, which has been sufficient time for the claimant to supply the evidence needed to request the stay be lifted, therefore the defendant believes that the claim should remain stayed 12. The defendant’s understanding of a stayed claim is that no payment agreement needed to be put forward to the claimant and only a court can instruct payment to be made. 13. Therefore, the defendant invites the court for the claim to remain stayed and no summary judgement to be entered against the 1st defendant. The defendant also asks the court to not enter default against the 2nd defendant, as because of an error by the claimant, the 2nd defendant never had the chance to defend their position.

Hi post #34 has the application that I uploaded earlier. The payments they are claiming I made is just a list of random amounts with no proof of the payments being made, and I have denied any knowledge of making them. That has been uploaded previously as well. this account is 13 years old so it’s difficult to remember any details with any confidence

s this the sort of thing I need to submit? It's just the first attempt and some of the wording might not be appropriate, but I wanted to make a start and get it submitted sooner rather than later.

Yeah I’ve told her there’s nothing to worry about but I normally sort these things out

So pretty much wasting everyone’s time,I’ll have to take a day off work and so will my wife, by the way does she need to attend, she’s a bit worried about having to go to court

What do I need to do, is it just responding to each point they have made, i already have some ideas of what to put, if that’s all there is to do Not wanting to sound complacent but it appears that I have a good chance of a positive outcome, I’ve read that often their representative doesn’t bother turning up at the hearing

i forget that they are still only debt collectors, it’s just with it going as far as this it feels different. They normally go away after you ignore them for long enough.

Makes sense, we all know the desperate tactics these debt collectors sink to. Won’t this go against them at the hearing, and surely courts know what these people are like. Just trying to satisfy myself that this will go well for me

Yeah I know, but that’s the second time they have asked me that, why are they so desperate for me to consent?

No directions that I can see, just the date. Also shoosmiths sent me another letter yesterday stating that I still haven't confirmed that I consent to the application! I've uploaded both if it helps. notice.pdf letter2.pdf

Hi Andy Date set for 10th July, got the letter yesterday.

Just out of interest, how long is this likely to drag out, will the hearing be soon, or is there no way of knowing?

Thanks, that’s what I thought but the wording was misleading

Just received a letter, can’t scan as I am home but it says ”this claim has been transferred to the county court at (local court) for that court to deal with the claimants application to lift the stay, struck out the 1st defendants defence and judgment be entered. 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 judges decision. All further communication should be addressed to: local court address”

Hi Andy, I have just come across these two letters amongst the pack that they sent last week, they were both sent in 2018, to defendant 2, my wife, but sent to the old address, so these were never received at the time and this is the first time I have seen them. The letter dated 15th November is referenced in the witness statement (point 29)

Will do thank you

Yes exactly. The previous address was where we lived when the account was opened then we moved to our current address in 2008, claim form issued to me at current address apr 2014