Cabot/Restons, HBOS OD i gave up defending got CCJ/CO - now bailiffs - help - SB'd?

[AndyOrch]

Okay I'm with you, is there anything I can do to force Restons to produce documents if they have any?

 

No need to do anything...the court has already directed this (see point 5a of your Directions) they must disclose to you by May.

 

Andy

[andrew0101]

Marvellous thank you

[andrew0101]

UPDATE.

 

 

Restons have now asked for a consent order to be signed to hold everything up for 3 months in order to find paperwork!

 

 

However, in the next three months their client would like to find an amicable solution so as not to have to go to court and could I put forward proposals!

 

 

I have asked them to prove its not statute barred and if by magic they have sent a ''statement'' showing a small twenty odd pound credit

four days before they issued proceedings with the wording

''therefore the payment falls within the six years''

 

 

I know and they know that no payment was made and I believe what they have done is fraud and I want to involve the Police?

 

 

Views please as these so called Solicitors need taking down a peg or two.

[AndyOrch]

Decline.....

[andrew0101]

Decline the consent order?

[AndyOrch]

Yes...they dont need 3 months to conjure up a phantom payment....apply pressure...if they wish to discontinue they can do it immediately.

Never allow a claimant time to prepare its case.

[andrew0101]

I have sent a curt email saying that I will ask the court to get them to provide an affidavit as to the phantom payment and if I don't hear from them within 24 hours I will start talking about fraud and perjury if they want to go to court

[AndyOrch]

Rather pointless really Andrew... the court only acts and do things on the back of an official application and fee...if you follow the directions as i have already advised they will have to disclose anyway...so no need to make application or write letters.

 

Im unsure were you are at with the directions but both parties will have to submit witness statements to support their claim/defence...if they wish to push this phantom payment you will object to it and request further disclosure...they cant disclose because it does not exist...so why they have submitted a DQ on the back of no evidence and possibly fabricated evidence beggars belief.

 

You dont need to dig the hole ...they are doing quite well on their own...hence their request for a 3 month stay.

[andrew0101]

As I have nothing more to produce for my defence how do I do a witness statement please?

[AndyOrch]

Take a look around at other threads and examples of witness statements.

[andrew0101]

I have done that now and don't know if I even need to do one as I have no documents to produce as the defendant

[AndyOrch]

The court has directed that both parties submit a witness statement...see your directions in Notice of Allocation.

[andrew0101]

Best crack on then thanks for the reply it helps me a lot thank you

[andrew0101]

Restons have advised me they are applying for an adjournment I guess they have no proof and are hoping I miss deadlines

[AndyOrch]

Stick to your dates and comply......

[andrew0101]

All done

[andrew0101]

Restons have applied for a three month adjournment for for them to produce docs by a date in June whichever the court decides.

 

 

They have included the phantom payment in their witness statement as it appears this is all they have to hang their hats on over the whole case, as it will be Statute Barred otherwise.

 

 

My witness statement has played on this and hopefully the Judge will pick up on this and put them to strict proof that the payment is genuine.

 

 

My guess is if that is the case they will use the ''admin error'' to drag themselves out of the ''lie'' and that will be the end of the matter if they have no further docs and its past the 6 years.

 

 

I am also going to report them to FOS OFT and SRA just so its on record.

[andrew0101]

Systems bent judgement awarded to claimant plus costs despite the phantom payment no reference to statute barred at all as there was an account it's been properly assigned end of

[AndyOrch]

Did you raise the point of the phantom payment ?

[andrew0101]

Yes but was told that I had not prepared a statement of truth only a defence so it we irrelevant

[panther12]

Did you file & serve a witness statement.

[AndyOrch]

Yes but was told that I had not prepared a statement of truth only a defence so it we irrelevant

 

Or otherwise known as a Witness Statement as I advised you to do.

[andrew0101]

Yes I did and it was taken into the court before the due date and hand delivered and sent to Restons by recorded delivery

[panther12]

You say it was SB but I see you never raised that in the defence you posted at top of previous page - only that you requested proof it's not SB.

 

 

A claimant can issue a claim for a SB debt and is only prevented if the defendant raises the SB issue as part of their defence, quoting sec 5 Limitation Act 1980.

 

 

I don't know what happened here but might be easier to get an understanding if you post up yours & theirs WS.

[andrew0101]

Would a payment by a third party, in this instance a share dividend, being paid into an account that had been dormant for nearly six years mean it becomes reset for statute barred purposes, or would it need to have been a payment made by me into it to make this happen?