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I have a case was stayed in Feb 2015. I have now received a letter from sols saying the have applied to have the stay lifted and summary judgement.
This is what I believe to be a SB credit card debt. No payments have been made nor has the debt been acknowledged by myself since June 2008. In Sept 2009 a payment was taken out of our joint building society account of £1500 by the creditor. We had no knowledge of this until we saw our bank statement later on in the same day. We went into the building society personally to try and find out why the payment was taken. I was asked if I had authorised it, to which we said no. The staff member made some phone calls and came to us saying " there appears to have been a mistake and we have credited the money back to your account" I have the bank statement confirming the money going out and back in on the same day shown as a " correction" . The credit card statement shows a payment of £1500 in and on same day a reversal of £1500.
My original defence was stating that the debt was SB AND JUST GIVING THE DATES. i HAVE NOT MENTIONED ANYWHERE YET ABOUT THE £1500 SPECIFICS SO THE CLAIMANT IS UNAWARE OF MY FULL DEFENCE AT THIS STAGE.
The creditor clearly has not seen what went on as they refer to my payment " bouncing". So this is my defence, I did not cause the action.
Additionally in their latest defence bundle , in the statement there is a serious typo error. It refers to the bundle of statements and says " the defendant made a payment of 28 September 2009"!!!
I am now waiting for a hearing date for the stay. How and when to I submit my full defence to the court and the claimant. Should I mention the error in their statement?
This is what I believe to be a SB credit card debt. No payments have been made nor has the debt been acknowledged by myself since June 2008. In Sept 2009 a payment was taken out of our joint building society account of £1500 by the creditor. We had no knowledge of this until we saw our bank statement later on in the same day. We went into the building society personally to try and find out why the payment was taken. I was asked if I had authorised it, to which we said no. The staff member made some phone calls and came to us saying " there appears to have been a mistake and we have credited the money back to your account" I have the bank statement confirming the money going out and back in on the same day shown as a " correction" . The credit card statement shows a payment of £1500 in and on same day a reversal of £1500.
My original defence was stating that the debt was SB AND JUST GIVING THE DATES. i HAVE NOT MENTIONED ANYWHERE YET ABOUT THE £1500 SPECIFICS SO THE CLAIMANT IS UNAWARE OF MY FULL DEFENCE AT THIS STAGE.
The creditor clearly has not seen what went on as they refer to my payment " bouncing". So this is my defence, I did not cause the action.
Additionally in their latest defence bundle , in the statement there is a serious typo error. It refers to the bundle of statements and says " the defendant made a payment of 28 September 2009"!!!
I am now waiting for a hearing date for the stay. How and when to I submit my full defence to the court and the claimant. Should I mention the error in their statement?
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