DeBilde
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Well I thought I would update the thread to let you know that I WON!!!!! The DJ struck out their claim and awarded me costs. He emphasised the burden of proof to show the debt was not SB was with the claimant and the evidence produced lacked this clarity. I think the evidence I also displayed went a way to throw reasonable doubt over the alleged payments. So it just shows you never give up and fight your corner against these bullies. Thanks for all the help and advice on the thread. If someone wants to update the title to WON that would be great.
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So an update. Reston's went for a Summary Judgement back in July. I attended the hearing but the judge threw out their case and awarded me costs, which they paid. It was moved to Small Claims track and we have a hearing date next week. I submitted by WS with the details I mentioned above. I received their WS and they still don't show proof of payment with card details, bank detail nothing. They just say that MBNA have sophisticated systems that show payments they provided an account log of all transactions that show the 2 payments alleged. They can only provide me with 1 actual statement from 2 months before the last alleged payment showing the balance corresponds with that of their log. Strange they don't produce the actual monthly statements for the period the payments are alleged to have taken place (something I will point out to the judge). Any ideas how this will play out in court? Will the judge be looking for strict proof like I requested or are they likely to believe the sophisticated finance house?
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Will do. I can't believe they can just produce an excel spreadsheet with anything they want in them.
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Thanks for this. My bank statements show no payments to MBNA for any amount. Also all 3 CRA's show the balance the same for the 6 months up to default from my last payment 3 months before they say a payment was made.
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Thanks Andy. Hopefully when Restons see what I have they will discontinue.
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Claimant. They said here is a copy of the application sent to the court today.
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Andy - no they requested to have no hearing as my defence had no chance of success. Ganymede- I also have my bank statement's from those dates. The log shows the payments as debit card payments
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Thanks for that Andy. When will I know that deadline? Will the court inform me?
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Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact. They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made). Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed. The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given. What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement. Please advise, thanks.
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OK, I will get it up this week. So you can all comment on.
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Judge listened to my case and agreed I was disadvantaged to defend my claim and has granted me 28 days to submit a defence and new WS. This was exactly what I wanted, it surprise me however that she also awarded me costs. Thanks for the advice, I need to get my defence straight now.
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Lowell/BW claimform - old British Credit Trust Loan
DeBilde replied to DomK777's topic in Financial Legal Issues
Sorry to hear that DomK777, did you dispute the late filing of their WS and Docs? -
Thanks for the advice, I shall do this at my hearing, Hopefully the judge will listen.
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It does have my signature on but that and the rest of my personal details have been lifted from the application form and pasted on to it, you can tell as certain info is on the agreement that is only needed on the application form phone number etc... I am more concerned that they provided the WS with only 2 days to the trial, so I am unable to defend on the strength of their argument
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List of events Received claim from Northampton CC Acknowledged service Sent CCA request to Lowell and CPR 31/14 to BW Legal Reminder sent to both after 14 days Embarrassed defence submitted as could not reply to particulars without agreement, DN and NOA. Directions sent out for witness statements no later than 14 days before hearing I filed my witness statement to court with 15 days to go 2 days before the hearing I now get claimant witness statement with copy of agreement and NOA attached but no DN What can I do from here? I am surely prejudiced by this as I am unable to defend it now, plus also the directions stated if docs and statement were not filed outside of 14 days then they would be disregarded. Also the agreement looks very dodgy and looks reconstituted, it was taken out in May 2006 so it must be the original surely? Plus also some particulars are missing from it such as their signature and also a credit limit? How do I proceed from here as the hearing is this Wednesday.
