mylonite
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Everything posted by mylonite
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Yes, its just in her name.
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She has a house jointly with her husband, they may try and go for that I guess, there would be enough equity in it.
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Many thanks Andyorch, will do.
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Its not mine Andy, it's my daughters, she is not working at present, just finished Uni. I have no idea as yet what sort of proposal she could make, but it wouldn't be much.
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Hi Andyorch, £3.5k costs,, 14 days to agree payment with Shoosmiths.. I appreciate that we can't win them all, but there was so much wrong with this one....
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I did actually ask for help on the 16 April DX100uk, but no response, I assumed everyone was busy, no worries its all done now.
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well shoosmiths won their case, despite only sending out an application (on a 2006 agreement) that was ticked not signed and no executed agreement. No proof of how the sum was arrived at, and despite it being a multiple agreement rolled up into one with PPI on top. The DJ was satisfied that a loan had been taken out and that they were chasing the right person, but criticised their approach of chopping and changing DCA's and to different solicitors and for not considering the consumer! No point in appealing....
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We now have a date of 15 June for the court hearing, how do I defend this, any help appreciated guys. many thanks
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Will do, we have had notification that it is being transferred to the court for the hearing. I am preparing a statement to refute their statement at the moment.
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Its uploaded already in post 22 Andy many thanks
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Yes they were redacted on the original post.
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Please find attached. CAG TandCs.pdf
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No date as yet, notification of transfer was only 4 days ago so I guess it will be a couple for weeks yet. There was T&C about 6 pages of generic ones, I can post them up if it helps?
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from the "fleecers" we have also received a notification that it will be transferred to the local court from the court service themselves. is there ant merit in doing a CPR 31?
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So do I just need to address the points in their submission one by one and emphasise that they have still not complied with the original request, the original docs also show that the PPI box was ticked, is that relevant to the defence?
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Thanks DX100uk but what does that achieve? I would guess that the date of Sept 2010 is correct as that would tie in with my daughters illness. As thus has been stayed for the last 3 years the clock has effectively stopped as Bazza said?
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we have now been notified that an application for the stay to be lifted has been made, and we have a raw outline of the points they wish to make, but no supporting evidence from them which they refer to as TZP1 in their particulars. Am I right in thinking that I just need to refute their particulars of claim, with evidence, or is there another slant I could take? They still claim that they have satisfied the S78 request, but still no statements showing how the debt accrued. summary judgement N244.pdf
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The Sep 2010 Payment was £73.37, but I don't have anything from bank accounts at that time. They have only sent 2 years worth of annual statements one from May 2008- April 2009 which has an opening balance of £0.00 and a closing balance of £26.03 and one from Sept 2009 -Sept2010 which has an opening balance of £23136.21 and a closing balance of £22281.10. The payments made were quite random and clearly not the full amounts, but Shoosmiths/Arrow have refused to provide anything else to show how the debt has accrued.
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Yes, nothing has been heard from them since I filed the defence and the court stayed the application.
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Oh well, I wasn't sure initially if it was or wasn't statute barred, I have no idea of the actual last payment and can only go on the statements they have supplied, which show it as Sept 2010, My daughter has no recollection of this at all so I am assuming it must be either a rolled up account of card+loan or a Loan account, its just too huge to be a card debt on its own I will re upload once the other ones are taken down
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Uploaded as requested ANDY
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OK, So I sent off a response to Shoosmiths based on BazzaS' useful letter, above and this is the very prompt response from Shoosmiths. Am I correct in thinking that although they have filed a court claim, which is now stayed, this does not alter the fact that it is 6.5 years since the debt was acknowledged or a payment paid, which they have now usefully confirmed as being so, means that this is now a statute barred debt?
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Thank you for the letter, very succinct, I will need to dig out the old paperwork and see if it had a track allocated, I don't recall anything but it was 4 years ago.
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Thanks for the reply, yes their case is stayed, as soon as I filed a defence they walked away. I have just looked at the defence I filed for the date, and that was in Sept 2013, I feel they are chancing their arm, as well but I can't be sure that its statute barred as the first correspondence I have from them is April 2011, although the debt is much earlier than that if it is genuine.
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My Daughter has be hassled by Shoosmiths/ARC over an alleged debt with Egg, this started in March 2011 several DCA's have written and to each we have sent a S78 request, and had nothing returned other than a blank 'example' agreement. A couple of years ago Shoosmiths issued court papers to which I filed a defence on her behalf, pointing out that S78 had not been complied with and that a multitude of DCA's and solicitors had written a range of letters alleging debts but for a number of varying amounts. Shoosmiths responded by withdrawing the court application, out off the blue today we get a letter threatening an application for Summary Judgment, and wanting us to set up an agreement for repayment with them. My Daughter had a nervous breakdown several years ago 2007/8 and genuinely has no recollection of these debts and I have been managing them on her behalf, in may cases PPI has more than covered the debt but Shoosmiths have been particularly difficult to deal with and if this is a genuine debt then it will almost certainly have PPI attached to it, but apart from a bare minimum of information they have given me nothing to work with. I feel like calling their bluff, but the amount they are claiming is around £2k0 and if genuine is not a single debt but a number rolled into one, or has a significant amount of charges added. What would be my best course of action? Thanks in advance.
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