Arrow/reston claimform - 'Company Account' MBNA credit card 'debt' - poss Statute Barred

[omz187]

Hi there,

 

Please see attachments from the correspondence received.

[dx100uk]

pers details showin thru pen used to blot out details

PLEASE read the UPLOAD

 

 

i'll sort them

[dx100uk]

scans redacted and put back up

can we have all the exhibits too please

[omz187]

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?

[dx100uk]

No and no

 

I will send you an email address by pm for the exhibits

 

Dx

[dx100uk]

ws exhibits

[AndyOrch]

Name still showing on page 22 DX

 

Andy

[dx100uk]

ok was a bit of a pain doing all those sheet

2 mins

 

 

dx

[dx100uk]

resolved

 

 

dx

[omz187]

Hi there,

 

Appreciate your time on this.

 

Many thanks

[omz187]

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

[AndyOrch]

I would consider submitting an N244 to set a side the order...I will run through the draft order if you wish to challenge it.

 

Did you submit a witness statement in response with your objections?

 

 

CPR 23...

 

Applications which may be dealt with without a hearing

 

23.8 The court may deal with an application without a hearing if –

 

(a) the parties agree as to the terms of the order sought;

(b) the parties agree that the court should dispose of the application without a hearing, or

© the court does not consider that a hearing would be appropriate.

 

Regards

 

Andy

[omz187]

Hi thanks.

 

I have not submitted any objections and not compiled a witness statement at the moment.

[AndyOrch]

I suppose the question is can you prove categorically that it is in fact statute barred...if you cant then there is no point in trying to object....or reason to have submitted a witness statement in response or objection.

 

Their point 7 of the witness statement would have been viewed by the court as definitive evidence that in fact the debt was not statute barred at the time of issuance of the claim.

 

Summary judgment can only be granted if the claimant can present evidence that a defence to a claim or issue has no real prospect of success, and there is no other compelling reason for a trial.

 

Therefore the court as proceeded without trial and concluded...

 

Court’s power to make order of its own initiative CPR 3.3

 

(1) Except where a rule or some other enactment provides otherwise, the court may exercise its powers on an application or of its own initiative.

 

This claim was in Fast Track so advising you to challenge it could proove risky and make you liable for further costs.

 

Your next move will be to deal with payment ......I would suggest you download the N245 and offer an affordable repayment plan...the fee is £50.

 

 

Regards

 

Andy

[omz187]

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.

[AndyOrch]

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.

 

But the company that paid it was acting on your instruction ...so it is basically the same as you making payment?

 

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.

 

Well if you do it would have to be a separate action were you instigate the claim against them.

[omz187]

How would I do this?

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?437299-Excellent-interactive-guide-to-the-small-claims-process-from-Warrington-Trading-Standards&p=4654892#post4654892

 

Make sure you read plenty of threads by other posters who have also started this process.... first.

 

Andy

[omz187]

Thanks - should I notify the lender and negotiate this with them first.

[AndyOrch]

Read some threads get to know how to start it off...LBA etc etc....

[omz187]

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!!

[slick132]

Hi Omz,

 

If you don't have grounds to seek a Set Aside, I see no point in disputing the costs of bringing the claim.

 

As this was on the Fast Track, you're fortunate that the court didn't give the Claimant legal costs against you.

 

Have you made repayment proposals yet.

 

You can still take action to reclaim penalty charges and have the refund set against the debt if you succeed.