Thank you.

Sorry, I meant if I say it's SB, do I or them have to show when payments were last made? I believe it is but have no way of proving it,can input the burden of proof on them to provide evidence that I made a payment within the last 6 years?

Could be, though I don't think they added any interest, I'll double check. At least the CCJ will be removed and I can attempt to come up with a defence, then the ball is in their court. I think all I can do is base it around the agreement and proof of payments to show it's not SB...

Sure, the Distrct Judge didn't seem to put much on my evidence that they had my current address, he seemed more interested in why they had not taken 'reasonable' steps to ascertain my new address given that they waited nearly 6 Years before they applied for judgement. He seemed unimpressed at the time that had gone by.

Sure, the Distrct Judge didn't seem to put much on my evidence that they had my current address, he seemed more interested in why they had not taken 'reasonable' steps to ascertain my new address given that they waited nearly 6 Years before they applied for judgement. He seemed unimpressed at the time that had gone by.

Yes, they sent counsel..no order for costs made

Went to court today and got the judgement set aside! I now have 14 days to submit a defence; 1. The agreement is post 2007 but from what I have read here and elsewhere that does allow Caboot to show they have an agreement, is this correct? 2. I am unsure if it is statute barred as it is very close , can I say I believe that it is and put them to strict proof of when the last payment was made? Anything other thoughts welcome as to what I can put in my defence.. I'm assuming a CCA request is pointless as I already have the SAR data from them? Thanks

Lol, one way of looking at it I guess, they've said they'll attend and want 460 costs too...

Thanks Andy, Maybe I'll email them and withdraw. Appreciate your help.

Edited WS.. I, xxxxxx make this Witness Statement in preparation and to assist the court for the above hearing. 1. All statements made by me below are true to the best of my knowledge. 2. In August 2016 upon checking my credit report I noticed a CCJ had been registered against me. 3. I immediately sent an N244 form to the courts applying to set aside the judgment as I had no knowledge of the alleged debt and had not received any paperwork relating to it. 4. I received correspondence regarding my application from the claimant’s solicitor on 21 September 2016 in which it states that their records show that a letter before action was sent to me on 25/01/2016 in compliance with PD-Pre-Action conduct and Protocols. It states that this letter was sent to my last known address of xxxxxx. 5. I attach exhibits “DOC1” and “DOC2”, these clearly show that the claimants did have my current address as they sent me a letter in August 2014 (DOC2), this was in response to a letter I had sent them in which I gave them my new address. My new address is also shown to be held by them as it is within the CD I received with all the data they hold on me for the Subject Access Request I made to them. 6. This clearly does not comply with CPR 6.9 and therefore must be considered an irregular judgment; I respectfully ask the court to set aside the judgment made on 18/07/2016 as I believe I have clearly satisfied the requirements of CPR13.3. 7. I attach my costs schedule showing my costs for todays hearing which; given the circumstances above I respectfully request the court orders the claimant to pay as I believe my claim to costs satisfies CPR 44.2, 5(a) as the claimant has clearly not complied with CPR 6.9. CPR 44.2 5(a)- conduct before, as well as during, the proceedings and in particular the extent to which the parties followed the Practice Direction – Pre-Action Conduct or any relevant pre-action protocol; Costs in the application N244 Application Fee-£255 Time spent on research and Witness Statement-4 hours @£19ph (LIP rate) Lost wages for a day @ £209 per day Copies and printing @ 10p per sheet-£1.70 Travel and Parking-£10

Is the following ok as my WS? I need to work on a defence too to go with it I assume and also a costs schedule for my application to set aside? Do I have a valid defence if they don't need to have an agreement? POC on original claim is; The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Oct 08 2008 and assigned to the Claimant on Sep 28 2015 PARTICULARS a/c no 5xxxxxxx DATE ITEM VALUE 22/01/2016 Default Balance 1039.77 Post Refrl Cr NIL TOTAL 1039.77 My WS? I, xxxxxxx make this Witness Statement in preparation and to assist the court for the above hearing. 1. All statements made by me below are true to the best of my knowledge. 2. In August 2016 upon checking my credit report I noticed a CJ had been registered against me. 3. I immediately sent an N244 form to the courts applying to set aside the judgment as I had no knowledge of the alleged debt and had not received any paperwork relating to it. 4. I received correspondence regarding my application from the claimant’s solicitor on 21 September 2016 in which it states that their records show that a letter before action was sent to me on 25/01/2016 in compliance with PD-Pre-Action conduct and Protocols. It states that this letter was sent to my last known address of xxxxxx 5. I attach exhibits “DOC1” and “DOC2”, these clearly show that the claimants did have my current address as they sent me a letter in August 2014 (DOC2), this was I response to a letter I had sent them in which I gave them my new address. My new address is also shown to be held by them as it is within the CD I received with all the data they hold on me for the Subject Access Request I made to them. 6. This clearly does not comply with CPR 6.9 and therefore must be considered an irregular judgment, I respectfully ask the court to set aside the judgment made on 18/07/2016. 7. I attach my costs schedule showing my costs for todays hearing which, given the circumstances above I respectfully request the court orders the claimant to pay. Thanks for your help.

Technically yes, but I only received the SAR information on Saturday and their WS on the 15th, on Sunday I developed a stomach ulcer and have been laid up ever since, so today is the first day I'm able to do anything with it. One more question for my WS, the agreement was taken out after 2007 so am I right in assuming they do not need to produce the credit agreement on which they rely? Many thanks

Hi All, I'm about to start preparing my witness statement for my set aside hearing on Friday, I have Restons WS and costs schedule. Should I use my WS to refute what they say in theirs or lay mine out with the facts as I see them? Thanks

I have done some more digging around, if I can prove that Cabot knew and had my new address but still sent the claim to my old address would I have a case to get the original claim thrown out, forcing them to issue a new claim from a later date?

Thanks again, it is not SB, I made the last payment around July2010, the claim was issued in Feb 2010, there is however no statements/evidence in the SAR that shows any payments made to them, even though they claim in their WS that I made the last payment in Sept 2010, if they know this surely it should be in the SAR? Am I right in thinking that I should now put together a Witness Statement/Defence in response to theirs and the basis of it is the lack of a credit agreement? Thanks