Hi I wonder if anyone could advise.
Hoist purchased a previous DCA’s credit card debt which was statute barred. Due to postal issues with the delivery of my defence a judgement was obtained by default. I paid to have it set aside. At the telephone hearing the judge gave a 7 day deadline for Hoist to serve their bundle of evidence for the alleged debt which they referred to in their Witness statement. They failed to do this. However a week before the next hearing, which is this Friday, they have now sent a 2nd Witness Statement containing another credit card payment details claiming this was the one but in fact was my Halifax card and not LloydsTSB one referred to in the particulars of claim. I am now serving a second Witness statement to point out that this account has no bearing on the current claim. (They could literally use any outstanding card debt to substitute as they did not produce evidence before it went to court, and I had 3 different cards at that time)
I received another email from Hoist today stating their costs which they hadn’t done at the original hearing.
How do I evidence that these documents are not the actual Claim? Their reference No. in the Particulars of Claim is not a credit card number. I supplied this in my Defence and details of the last payment etc. This new evidence that they are trying to substitute is a different number entirely from another credit card and that card had a higher limit. So even the balances don’t match. What’s my best course of action? Should I adjourn or stand my ground? Thanks
Hoist purchased a previous DCA’s credit card debt which was statute barred. Due to postal issues with the delivery of my defence a judgement was obtained by default. I paid to have it set aside. At the telephone hearing the judge gave a 7 day deadline for Hoist to serve their bundle of evidence for the alleged debt which they referred to in their Witness statement. They failed to do this. However a week before the next hearing, which is this Friday, they have now sent a 2nd Witness Statement containing another credit card payment details claiming this was the one but in fact was my Halifax card and not LloydsTSB one referred to in the particulars of claim. I am now serving a second Witness statement to point out that this account has no bearing on the current claim. (They could literally use any outstanding card debt to substitute as they did not produce evidence before it went to court, and I had 3 different cards at that time)
I received another email from Hoist today stating their costs which they hadn’t done at the original hearing.
How do I evidence that these documents are not the actual Claim? Their reference No. in the Particulars of Claim is not a credit card number. I supplied this in my Defence and details of the last payment etc. This new evidence that they are trying to substitute is a different number entirely from another credit card and that card had a higher limit. So even the balances don’t match. What’s my best course of action? Should I adjourn or stand my ground? Thanks
Comment