Cabot/shoos claimform - yorkshire bank OD - stayed 4yrs - now SJ threat

[AndyOrch]

There is no requirement to disclose anything pre defence...CPR requests are just that civil not mandatory.Standard disclosure will follow allocation so they will have to disclose at that stage.

 

Its their prerogative to proceed...it may be a little mind game in knee jerking you into panic mode...but hold your nerve.You will have further opportunity at Witness Statement stage to question the validity of their claim and refer to none disclosure...which the DJ should then follow up and order them to disclose.

 

If they then fail..... sanctions will be imposed which may result in their claim being struck out.

 

Regards

Andy

[robingetz]

Thank Andy, I am planning to hold my nerve, just needed some advice as to what to expect.

[robingetz]

Hi,

I heard nothing from Shoosmiths for 6 months about the claim,

then on 29th December a letter and bank statements arrived,

 

along with a bit of paper claiming that I had in fact made payments within the last 6 years,

which I have no recollection of.

 

I have attached both documents.

 

Can anyone help in how I can proceed with this?

 

Thanks

[AndyOrch]

Research that payment then with the debt Management company they refer to......ask for a statement of your payments.

 

Andy

[robingetz]

Hi

 

This has returned after nearly 4 years.

 

 

Why are they still pursuing this after the initial court claim ended when the didn't respond after I filed my defence.

 

The document "shoo" is the what they sent asking for the outstanding balance of £2488.72.

 

The last paragraph is interesting, they have finally, after 4 years received a response from Yorkshire.

 

Nothing has changed, they have offered no further information.

 

The document "Cabot" is interesting.

I have been receiving these regularly,

but this amount includes the fee for the last court claim they issued,

which the letter from Shoosmiths doesn't but is dated after.

 

The document "payments" show supposed payments I made, but can't offer any further information.

 

Can they claim through the courts for the same thing twice?

 

Should I just ignore them?

 

The debt came about around the time of the bank charges reclaims.

Yorkshire were charging me around £100 a month in charges,

so would up my overdraft to cover them,

then the same would happen the next month and so on.

 

So irresponsible lending, which should be a suitable defence in itself.

 

However I still deny making those payments they claim I have.

 

Any advice would be great.

 

 

So they can claim the same debt twice in court?

PR100901_3342_001.pdf

[AndyOrch]

Threads merged.

 

See if they do make application to lift the stay and request SJ....fee £255 and they will require a good explanation as to why its taken over 4 years.

 

They haven't claimed it twice....just the once which was stayed for over 4 years and now they wish to proceed.

 

 

 

Andy

[robingetz]

So there is no time limit on when a stayed claim can proceed again.

[AndyOrch]

Not as such but the longer its stayed the better the explanation required to justify application to lift the stay.

[robingetz]

Thank you.

 

I thought these had gone away, I am still trying to digest this and understand what it means. I would appreciate any help on how to proceed. 

I have only got until 16th May to consent to this.I have attached the N244 application notice from Shoosmiths. 

I think I have taken out all identifiable information.

 

To be honest I haven't a clue how to approach this.I really don't need a CCJ now,I have worked so hard in the last 6 years,my defaults are now off my credit report and I now have a healthy credit score this is the last thing I need after so long since this account was defaulted.

 

 

PR100911_4893_001.pdf

[AndyOrch]

Hi robin

 

Didnt notice your upload.So you are required to submit your own witness statement in response and objection to their application.This must be submitted and served not less than 7 days hearing date.There are plenty of examples of opposing this type of application and I will try to find you some links shortly.

 

Regards

 

Andy

[robingetz]

Thank you, so I do need to sign and return the form, and include my statement.

 

There is  also a mentions of defendant 1 and defendant 2.  I have just submitted the defences and any forms, does this need to be done for both or can I just do it all.

[AndyOrch]

Return and sign what form ?

 

The claim was issued to 2 defendants.....was there two named defendants on the N1 ?

 

You submitted a statute barred defence to the claim is that correct ?

 

Was there two defences submitted ?

[robingetz]

The N224 form - do I not need to sign and return that?  The covering letter ends with "At this stage, we ask that you consider and confirm if you are willing to consent to our client's application, by no later than 4pm on 16 May 2019."

 

It was a joint account so both names were on the N1, I submitted 1 defence at the time.

 

I submitted a statue barred defence, they said a few small payments had been made and sent a list of supposed payments made, but no evidence (attached)

 

This was an account I had and they would increase my overdraft every month, to cover bank/overdraft charges.  So it was irresponsible lending, as well as them treating me unfairly, as I asked for charges to stop and they refused.

Payment History.pdf

[AndyOrch]

No you dont sign and return the N244 and obviously your not offering consent to their application...nor are you required to.

 

So you are the 1st Defendant that submitted a SB defence and the second defendant your partner /wife ? did not submit a defence which subsequently they are now requesting default judgment on. 

 

Payments were made through a DMA Debt Managers NR up until the 17th April 2009...do you admit making the payments ?

[robingetz]

So the N244 is just for information?

 

It was a joint account with my wife, same account number, I just submitted one defence for the account.

 

I denied the payments, as I have no recollection of doing so, and there is no pattern to the payments they have said I made, and they couldn't provide any further proof, receipts, or confirmation of payments made.

[AndyOrch]

For your information to let you know that they have made application......so now you wait for a hearing date ..the court will advise.As already stated you must now prepare a statement in response to theirs as to why you object and deny the contents and why the the court must dismiss their application and claim in its entirety.

 

We can help you with drafting this response once you let us know the hearing date ..but please dont leave it until the day before as the drafting of the response can take many hours.

 

Andy

[robingetz]

Many thanks Andy your help us invaluable.

so I do nothing for now and wait for a court date?

 

[dx100uk]

so now you wait for a hearing date ..the court will advise

 

from andyorch's post above your question...

[AndyOrch]

Well it would be useful for you to look at other similar threads concerning applications to strike out/summary judgment......then you can see the process and examples of statements made in the past.

 

Dealing with the statute barred arguments should be straight forward but the 2nd defendant not submitting a defence could be problematic..but there are ways around this.

[robingetz]

I was thinking about doing this, any links or where to look on the site 

[AndyOrch]

Top right search under your username log in...type summary judgment/application strike out

[robingetz]

That’s great thanks, I’ll get researching previous cases get some ideas, I’ll reply again when there is a date set

[AndyOrch]

Just one clarification...in their statement they refer to court claims...implying that they sent both of you separate claims....I am right in thinking this was one claim form one claim number with defendants 1 and 2  ?

[robingetz]

Yeah both names were on the claim form that I defended, I’ve just checked the form and my wife’s address was down as our previous address and mine our current.  So they might have sent something to that old address, but we hadn’t lived there for 6 years when the claim form was sent

[AndyOrch]

Okay interesting......so just so i have this correct .......one claim form sent to your current address......defendants 1&2 named but with two addresses...current address for you defendant 1 and previous address for your  wife defendant 2 ?