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  1. #151
    warwick65's Avatar

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    Default Re: CCJ Help

    Account closed September 2011 - well that would may spoil any SB defence

    Other things you might want to look for are when was a formal demand for payment sent

    When was the last credit made to the account

    Did they ever send a DN ( yes i know its a current account but HBOS sent me a DN for a current account)

    just a few thoughts
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  2. #152
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    Default Re: CCJ Help

    Does the 6 year period begin when the account is closed for an overdraft?

    Last transaction was January 2010.

    Cannot see a DN in there

  3. #153
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  4. #154
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    Default Re: CCJ Help

    @Amethyst

    Would you be able to advise me on what I need to be looking for and on what my steps should be now?

    Thanks

  5. #155
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    Default Re: CCJ Help

    Are the account terms in there ?

    After last payment in to the account in jan 2010 can you see how the debt built up - any left over DDs etc - spends- charges etc
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  6. #156
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    Default Re: CCJ Help

    Yes there is a list of what all the terms mean.

    Would I need to go through the statements to get that info? There are reams and reams of filing paper with all the transactions on (and not in the most user friendly format lol) so would need to go through them to calculate how the debt built up.

    I have all the dates of when hsbc said they actionned stuff. I.e. when they sent final Demand, passed to their in-house litigation team, sent discount letters, sold to arrow etc. All of which I never received and are not actually provided on this SARS

  7. #157
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    Default Re: CCJ Help

    Sorry, any terms and conditions at all? You want to look at any rules like paying in x per month, having 2 dds etc that you breached giving them the right to close the account ( so to show they could have closed it earlier )

    Transaction wise - what was the balance in Jan 2010 when you last paid in ? How does that translate to what they are claiming now ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  8. #158
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    Default Re: CCJ Help

    Yes there are terms and conditions. I will have a look over them when I get in from work and I'll check the balances too.

    Cheers

  9. #159
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    Default Re: CCJ Help

    So this doesn't actually tell me the balances at each transaction, on the transaction lists.

    It does say, on another document, the closing balance was 957.33 and the ccj is for about £1100.

    The terms and conditions of the overdraft don't really mention any specific about paying x amount every .month or anything like that. I can take a pic and put them on here if that helps
    @Amethyst

  10. #160
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    Default Re: CCJ Help

    I think you're more interested in the transactions between when you made your last payment in, and the account being closed, than anything after ( which doesn't actually sound bad at all ) - so even if you don't know the balances you should be able to see how much activity and what it was after your last in payment.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  11. #161
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    Default Re: CCJ Help

    Looks like debit interest between my last transaction and account closure

  12. #162
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    Default Re: CCJ Help

    that all? bummer. So you reckon that you made that last inward payment to get it back in overdraft limit then ditched it? Was your OD limit £1000 ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  13. #163
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    Default Re: CCJ Help

    Yea under transaction type it says "charges/interest Debit up until Sep 2011 at which it says account transfer (this is when account was sold).

    Under account transfer It says "posting currency - 957.34" and then "transaction value - 1199.00" which is the CCJ amount.

    The overdraft limit was 1250

  14. #164
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    Default Re: CCJ Help

    Is there anything else I need to be doing at the moment? With this SARS stuff or otherwise? @Amethyst

  15. #165
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    Default Re: CCJ Help

    Howdy, nope you're pretty much sorted until they come up with some sort of documentation to argue against your statute barred defence, really there's probably not much of a claim on charges there as a defence issue. I don't understand this
    "posting currency - 957.34" and then "transaction value - 1199.00"
    Do they say what posting currency is in their terms list? All i can find is
    Foreign currency transactions are initially recorded in the posting currency...
    which doesn't seem to make much sense - transferred it into a different currency for some reason? no idea sorry.

    Your main argument for the set aside is the claim being made at an old address and with a teeny bit of effort they could have located you as you were on electoral roll and updated with credit reference agencies. So that's what you're concentrating on for this, the rest is to show you would have a defence ( stat barred, potentially charges, no information/documents from the claimant - as per your original WS ) had you have received the claim.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  16. #166
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    Default Re: CCJ Help

    Quote Originally Posted by Amethyst View Post
    Howdy, nope you're pretty much sorted until they come up with some sort of documentation to argue against your statute barred defence, really there's probably not much of a claim on charges there as a defence issue. I don't understand this
    Do they say what posting currency is in their terms list? All i can find is which doesn't seem to make much sense - transferred it into a different currency for some reason? no idea sorry.

    Your main argument for the set aside is the claim being made at an old address and with a teeny bit of effort they could have located you as you were on electoral roll and updated with credit reference agencies. So that's what you're concentrating on for this, the rest is to show you would have a defence ( stat barred, potentially charges, no information/documents from the claimant - as per your original WS ) had you have received the claim.

    So 'posting currency' is what is says against every transaction with the amount that the transaction was for.

    I.e.

    Vodafone - trans value - posting currency = £30

    So am I just waiting on arrow to see if they come with up anything Now?

    Should I be preparing a defence? Getting evidence together like proof of address with dates I moved etc.

  17. #167
    Diana M's Avatar

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    Default Re: CCJ Help

    Quote Originally Posted by mr_c View Post
    Getting evidence together like proof of address with dates I moved etc.
    Have you already exhibited evidence with the WS which you filed with your Application for the set-aside?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  18. #168
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    Default Re: CCJ Help

    No I didn't send any evidence with my witness statement. I stated the dates but didn't send any evidence of them
    @Diana M
    Last edited by mr_c; 15th September 2017 at 06:59:AM.

  19. #169
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    Default Re: CCJ Help

    Quote Originally Posted by mr_c View Post
    So 'posting currency' is what is says against every transaction with the amount that the transaction was for.

    I.e.

    Vodafone - trans value - posting currency = £30

    So am I just waiting on arrow to see if they come with up anything Now?

    Should I be preparing a defence? Getting evidence together like proof of address with dates I moved etc.

    So should I be preparing a defence and getting evidence together? @Amethyst @Diana M

  20. #170
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    Default Re: CCJ Help

    Anyone any advice please?

  21. #171
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    Default Re: CCJ Help

    I don't think you need to be doing anything at the moment mr_c - if you have things which back up your witness statement then yes you can put them together in a folder so you have them available if required (I'd also take a couple extra copies of each doc as well in case you need to give a copy to the Judge/other side).

    Your defence should be ordered after you have had the set aside granted, so you can work on that then ( or negotiate settlement )

    You've got a fair while till the set aside hearing in November so I really wouldn't be stressing just yet xxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  22. #172
    Diana M's Avatar

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    Default Re: CCJ Help

    Quote Originally Posted by mr_c View Post
    It is just a notice of hearing letter.

    The hearing of the defendants application for set aside will take place at XXX on XXX November 2017 at the county court.

    Then enclosed was a copy of n244 application, my witness statement and my draft order.

    Did the Notice of Hearing also say that parties should file/serve any WS or Evidence (documents) they intend to rely on 14 days before the hearing or by a specific date?

    I would expect Arrow to respond to your Application with a WS or (hopefully) consent to the set-aside.

    Depending on what happens next you may need to file a further WS with Exhibits since simply turning up with them at court may not work. It'll be up to the DJ's discretion whether to allow late evidence to be admitted.

    The other party may object to the documents being admitted (late) which denies them the opportunity to consider them. They may even seek an adjournment which would not be to your advantage (it gives them more time to get their act together).

    Ideally you would have exhibited anything and everything which supports your WS at the time you filed/served it.

    See what comes back from Arrow who have said they're looking into things. If you don't hear anything from them by two weeks' before the hearing (or any date/timeline in the Notice of Hearing) then consider your next step at that point.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  23. #173
    mr_c's Avatar

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    Default Re: CCJ Help

    Quote Originally Posted by Diana M View Post
    Did the Notice of Hearing also say that parties should file/serve any WS or Evidence (documents) they intend to rely on 14 days before the hearing or by a specific date?I would expect Arrow to respond to your Application with a WS or (hopefully) consent to the set-aside.Depending on what happens next you may need to file a further WS with Exhibits since simply turning up with them at court may not work. It'll be up to the DJ's discretion whether to allow late evidence to be admitted. The other party may object to the documents being admitted (late) which denies them the opportunity to consider them. They may even seek an adjournment which would not be to your advantage (it gives them more time to get their act together).Ideally you would have exhibited anything and everything which supports your WS at the time you filed/served it.See what comes back from Arrow who have said they're looking into things. If you don't hear anything from them by two weeks' before the hearing (or any date/timeline in the Notice of Hearing) then consider your next step at that point.Di
    No, the notice of hearing did not mention anything about providing evidence. That is why I am slightly confused because I was expecting them to say that I needed to provide my evidence to them before the set aside hearing date.

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