omz187
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Posts
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Hi There, On Saturday I received letter from the Court titled General Form of Judgement or Order dated 4th December 2015. The claimant recover against the Defendant the sum of £15,603.40 for debt and interest to date of judgement and £0.00 for costs amounting together to the sum of. The defendant having paid the sum of £0.00. As the court has sent this I think I have to set this judgement aside and dispute the amount. I should dispute the whole thing but if the previous Company has made the payment I cannot argue for it being statute barred but I can dispute the additional unnecessary costs to the Court and then agree a payment plan to have this paid back. £50 a month!!
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Thanks - should I notify the lender and negotiate this with them first.
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How would I do this?
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My only defence is that the payment was not made by me, by any account that I hold nor was I privy to the payment being made. If I have to accept the fact that the debt is not statue barred should I at least dispute the amount and the fact that the £14k includes an enormous set of Finance Charges that accumulate to £6k.
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Hi thanks. I have not submitted any objections and not compiled a witness statement at the moment.
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Hi there, This morning I received correspondence from the Court titled General Directions Order. Before DDJ XXX sitting at CCBC. The will deal with the application to lift the stay without hearing under CPR 23.8©. It is ordered that: The Application to lift the stay and enter Judgement is granted. Note: The order has been made without hearing the Court's case management powers contained in the CPR Part 3. You may within 7 days of the service of this order, apply tot he court to set aside or to vary the order. You must file with the court and serve on the other parties, an application that sets out your reasons for objection. Please help... is there a way out of this for me? if not, what is best way to mitigate
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Hi there, Appreciate your time on this. Many thanks
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Hi there... The other parts to the pack consist of the notice of assignment which was sent to an address I have never lived at; then the recent letter to my current address, the letter I responded with, the list of transactions where I noticed all the "finance charges", and their costs information. I have this all scanned and can send you Private Message if required. I have still not received anything from the Courts in respect to the above. Do you think it is time I instructed Solicitors to deal with this? or do I need to write to Restons at all?
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Hi there, Please see attachments from the correspondence received.
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Hi there, Thanks for the reply. I have not received anything from the Court as yet, just the copy of the Application Notice from Restons insisting on not having a hearing and stating that I would receive a Court Order. They have included a witness statement in their application pack.
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Sorry, My defence said the following: I believe the debt is statute barred pursuant to the provisions of Section 5 of the Limitations Act of 1980 and as such the claimants claim to be entitled to £15,223 is denied. The Application Notice was received last week (midweek), there is no date for hearing... they seem to have made an application without a hearing. I am confident that any payments that they are presenting were not made by me or from any of my accounts, plus from looking at the statement they have provided nearly £6k of the £15k is in "financial charges". It is a total farce. Thanks in advance.
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Hi there, I have now received an Application Notice from Restons asking the Court to deal with the Application without a hearing as they do not believe that a Hearing is necessary. They have stated.... Take notice that if the respondant to this application for summary judgement wishes to rely on written evidence at the hearing. It must file a witness statement and serve copies on the claimants solicitors at least 7 days before the date set for the summary judgement hearing. If the Court is not minded to deal with this application on an ex-parte basis the claimant seeks an order: 1. lift the stay on these proceedings 2. strike out the defence pursuant to CPR 3.4(2) 3. In the alternative to (2) above, an order for summary judgement against the defendant under CPR 24.4. The defendant has no real prospect of successfully defending the claim and there is no real compelling reason why the case should be disposed of at trial 4. An order that the defendant pay the Claimants costs on a contractual basis pursuant to CPR 44.5
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Ok, Defence was filed on 26.08.2015. Should I request any more information from Restons or even reply to their last correspondence?
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My defence contained the Statue Barred disclaimer. How do I know the claim is stayed, I have not received anything else from the courts. appreciate your time on this.
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Sorry the card was on my name, but was taken out for limited company purposes. They were making the payments. The company has recently dissolved. I know that the payments were never made from any of my accounts, I have not received any correspondence, updates and the debt has never appeared on y credit file which I save tentatively and have copies of over the last couple of years. I was under impression that this account was closed and nothing owed.
