disclosure on closed bank account & varied T&Cs

**labman** · 16th November 2011, 19:24:PM

Re: disclosure on closed bank account & varied T&Cs

If you are sure this debt is Statute Barred, they can do what they want, but they can't make you pay a penny.

**Gorang** · 16th November 2011, 19:45:PM

Re: disclosure on closed bank account & varied T&Cs

I have defended their Claim and stated the Claim is Statute Barred under the limations act. Have you been into a court room with this yet?

When they issued the Claim "time stopped running" Can you explain what you mean by this, what made the time stop running

They provided evidence but there are payments I did not make and they have accepted this Accepted what, the fact that you didn't make the payments

but there are other payments which I do not beleived I made but can not remember over seven years ago.

They are now taking me to a hearing to ask for all of my old closed current and business accounts so they can see if I have made any payments in the last six years. If they have all the paperwork for this debt then they will have a record of all payments made on the account, so tell them to take a running jump as it is for them to find the evidence of when and where you made the payments, NOT you that needs to provide the evidence for them

Can they do this? I have offered to apply for the bank statements.

Can you give more details of what exactly has happened and when with this case, as this sounds like you have NOT been in court yet and they are only fishing to see if you will supply them with a payment through bulling tactics

Have you received a summons to attend court yet?
You say you defended the claim, HOW have you defended it, did you submit a written defence to anyone, if so can you post it up minus your personal details or claim numbers

**Boxerdog8** · 16th November 2011, 20:59:PM

Re: disclosure on closed bank account & varied T&Cs

Hi Gorang, thank you. When the DCA issued the Claim, under the Limations Act, time stop running. They sent credit card statements, that had been re-created, when they brought both accounts, they made a payment that was put into these statements hence I did not make them and they have accepted this. Because time stopped running, ie 6/2010, they are claiming I made payments (on these same credit card bank statements with the errors in) in early 2005. I did 3 not make the payments to the original lender but I am not clear if I made payments to a different DCA. I really can not remember what I did then. Bulling dose not cover it. I tried to gain Counsel but the cost is high. They are annoyed because they want my personal bank statements under the disclosure rules and have put in an application to ask the Judge to order this and refused an adjournment to give me time to ask for the statements and obtain legal advice. The hearing is tomorrow. The Judge ordered a meeting prior to the hearing to address some of the issues. I have done a WS but will not be attending as I can not find anyone to look after my child. The solicitors have asked for telephone discussions, which I have ignored due to no legal advice. Then the 15k bill! and have paid the Trial fee, they want to act fast now, (I hope I can still amend the Defence) My Defence as it was mostly about SB under Limations Act, but in some new memos, (the solicitors delayed their WS until these were received) they make reference to a payment but not an amount (with the DCA) In the Memos it states they have sent current T&Cs for both accounts. I have now asked for originals T&C as i am stating they have been varied and altered. I will also claim it is an IEA. This is scaring me and I want someone to Defend me! The solicitors know every trick in the book and are taking advantage of my lack of experience. I did go to strike out their Claim but it was not accepted and I do not have the money to pay their costs tomorrow........................

**Celestine** · 16th November 2011, 23:01:PM

Re: disclosure on closed bank account & varied T&Cs

You said they stated the T&C's were copies in their disclosure list N265.

Did you request to inspect/receive copies of these 'copies'.
Were these T&C's the originals or reconstituted? Just can't work that out from your post.

I am also assuming, when you say DCA, you mean an in-house DCA for the credit card company that bought out your 'original' CC provider and you believe they have doctored your credit card statements because they have access to the systems??

Also, how have you got this far without having done DPA Subject access request for your original bank statements to MAKE SURE you haven't paid anything towards the debt within the 6yr Limitation period, surely that would have been a first step??

I would strongly advise attending court tomorrow, with your child if need be. If you don't I have a horrible feeling things could get out of hand very quickly.

As Gorang advised, post up whatever documents you have so we can try and help.

**labman** · 16th November 2011, 23:35:PM

Re: disclosure on closed bank account & varied T&Cs

OP you must attend court no matter what, even if you have to take your child. At the court, renew your request for an adjournment, apply for one months adjournment in order to get legal advice, to obtain the documents you're happy for them to have and to generally sort out the case.

If your request is refused as a LIP with a child and the judge ignores it, then any orders granted can then be appealed and an application made to have anything adverse set aside. If this happens, post again for further advice.

**Boxerdog8** · 17th November 2011, 07:54:AM

Re: disclosure on closed bank account & varied T&Cs

Thank you all. I have done a strong WS with evidence. I will ring the Court re my Child. How do I post up documents? I did a SAR request the same documents as the DCA. The problem is time stop running issue otherwise it is six years out. I am not sure if it was in house or not, the memo's state "refer to Trition" I know I did not make the payments to OL. There is not much evidence other than a copy of application form and current T&C and a recontructed T&C. Reconstructed BS. This is why the the otherside ask for a hearing, to get my bank account statements, also to get me into a room Counsel v me! I really want Legal representation............not keen on my 4 year old seeing me stressed and upset. I also know it is not a good idea not to attend...I will speak to the Court Manager.

**labman** · 17th November 2011, 09:28:AM

Re: disclosure on closed bank account & varied T&Cs

Boxer - I'm hoping this is not too late. Whether you are keen on it or not, and whatever a court manager may say, you must attend, even if it does mean your 4 year old seeing you upset.

As I said, if you attend as a LiP with child in tow and the judge ignores your requests, then appeals can be made and things can be set aside.

For once you have got to put personal feelings aside and just do it. Sorry to be so blunt, but that's the way it is.

**Boxerdog8** · 17th November 2011, 11:34:AM

Re: disclosure on closed bank account & varied T&Cs

It is ok to be blunt, I will go but I am not going to speak to Counsel without representation. I will let you know how I got on. Could you let me know how to post up the T&C and application form.

**Celestine** · 17th November 2011, 12:36:PM

Re: disclosure on closed bank account & varied T&Cs

Excellent, well done and good luck.

OK, have you got the documents scanned and stored as files on your PC. If not, that is the first step.

Once you have them stored as files on PC, you can upload them onto LB.

When you click POST REPLY

Above the white box that you type into is a mini toolbar.

Look for the Smiley Face, to the right of that is a Paperclip.

Click the paperclip and follow the instructions in the pop up box that will appear.

CHOOSE FILE is the first step, when you click that the PC will bring up all your documents on your PC to choose, scroll through and select your scanned court documents.

DOUBLE CLICK to select them, then in the pop up box, click UPLOAD.

Wait a minute or so for the document to load, then click the PAPERCLIP again, below it will be the document stored as a number in brackets, when you click that, it will pop onto the white box you REPLY in.

Don't worry if you can't actually see the document until you click SUBMIT REPLY, even though it just looks like a number in brackets, it will appear when the post is loaded onto the thread.

xxx

**SpringerSpaniel** · 17th November 2011, 16:02:PM

Re: disclosure on closed bank account & varied T&Cs

I hope you got on Ok today, do post and let us know what happened.

if you have been granted the adjournment, we can look at your defence in this thread and see if the defence you have filed is sustainable in court, or if you have any other valid defence you could put forward if you sought leave to amend.

You may find the Bar direct access scheme helpful. Some members of this site have used a barrister called John Pugh who specialises in consumer credit and is based in Liverpool. You can find further details in a thread about Cattles and Welcome Finance, I will try and find a link later.

**Boxerdog8** · 17th November 2011, 18:13:PM

Re: disclosure on closed bank account & varied T&Cs

hello, there are times I just want too get on a plane with my dear child and leave! Thank you all so much for your time and responses. I went and told the Court official I was there with my son. He asked if I was going in, I asked him what he thought of me taking a child into chambers! no. I said I just wanted to apoligise in person and that I had done my upmost to try and postpone. Counsel for the other side was ok, I said I did not feel comfortable speaking without my barrisitor present. I made it clear I would not attend Trial on my own. He went in to the Judge and much to my disstress did not come out! I thought they may postpone in ten minutes. I had to leave after being their for nearly two hours, I arrived an hour early as instructed by the court. So I will get a letter in the post. I have costs for a barristor at about £1500.00 so want to be sure he has a good case. I have to put the little one to bed but will post up the T&C etc, although I would not put in past the DCA to provide re constructed ones at the Trial. The otherside have asked for the pre trial check list, I had not received this from the Court so unsure when I have to do this by. Please send me the link for the barristor it would be good to compare costs. The problem i have is gaining a solicitor as my friend dose not feel comfortable (she works in a different field) and I need a solicitor to instruct Counsel..........Thank you again........

**Gorang** · 17th November 2011, 19:02:PM

Re: disclosure on closed bank account & varied T&Cs

Boxer

Can you also post up (minus any personal details or claim numbers, if you scan everything as jpegs then just use the paint programme to rub these out then save)

the POC (particulars of claim) they they submitted to the court
also
your defence

I did a SAR request the same documents as the DCA. Who did you send the SAR to and did they reply?
The problem is time stop running issue otherwise it is six years out. Sorry but i am not understanding what you are meaning here

Was the original claim stayed at all?

Can you give us a timeline of what has happened and when since you opened this account in a easy to read format like this

xx/xx/xxxx opened the credit card/bank account
xx/xx/xxxx stopped payments due to etc etc
xx/xx/xxxx sent SAR to
xx/xx/xxxx received court summons from
xx/xx/xxxx defended claim

etc etc

I think if you can put a time line together like this, it will be the fastest way we will get a fuller picture of what has happened and when, this way we will be able to give you better and more accurate advise and faster, as at the moment we are having to guess a lot, and time is not on your side just now

Also

So you don't know the outcome of todays hearing, is that right?

If you don't know as no one from the court has told you, then phone the court tomorrow and ask what the status of the claim is, if they tell you stuff write down exactly what they say then post up in here so we can try to sus out what has happened

PS

WELL DONE for going to the court

**labman** · 17th November 2011, 20:56:PM

Re: disclosure on closed bank account & varied T&Cs

If you really cannot afford legal help and do not qualify for free legal advice, you may be able to take a McKenzie friend in with you. There are various charities that train these around the UK and while they cannot speak in court, they can sit next to you and write you notes telling you what to say.

**Boxerdog8** · 17th November 2011, 21:17:PM

Re: disclosure on closed bank account & varied T&Cs

Hi, I hope this works, Tesco App &T&Cs

disclosure on closed bank account & varied T&Cs