just received an Order for Production of Statement of Means from the Court, help!

[tallava]

I just received this afternoon a hand delivered letter with an order for Production of Statement of Means (form N61) from the local county court for 4,465.01 pounds.

Judgement creditor: Hoist Portfolio Holding 2 Limi

I don't recall receiving any previous correspondence from this company in the past. I have just checked whether there is any CCJ against me on Trust Online website (the official register of all CCJs) but NOTHING REGISTERED on previous address and current address.

I must complete the enclosed form of reply, including the statement of means and send to the court within 8 days.

Your help is appreciated on what to do next... thanks

[EXC]

Re: just received an Order for Production of Statement of Means from the Court, help!

Firstly I'd call your local court to establish if there is a CCJ or not. If you have and it was recent Trust Online might not have the information yet.

In the meantime I'll give [MENTION=6]Amethyst[/MENTION] a shout.

[tallava]

Re: just received an Order for Production of Statement of Means from the Court, help!

@EXC will do, thanks for your input. Just included a copy of the document in the first post. Also just checked with the local court and apparently yes there is a CCJ issued against me but why have i not received it in the first instance i do not know!

[Amethyst]

Re: just received an Order for Production of Statement of Means from the Court, help!

Mmm that's a follow up to the original order for a statement of means. Must be something up with your address at the court. As EXC says, ring the court tomorrow and see if you can find out when the judgment was awarded against you and at what address the claim was sent to. Do you know what the debt is at all ?

[tallava]

Re: just received an Order for Production of Statement of Means from the Court, help!

[MENTION=6]Amethyst[/MENTION] Yes it looks like it is a follow up to the original for a statement of means. I just spoke to the court and was told there is a CCJ awarded against me on 16 March 2015!!! very surprised i never received it I did ask who is the creditor? was told Santander (an old creditor i know). I asked where was the CCJ sent to? was told at the current address, but i never received a CCJ at my current address, Odd! Need to check with Experian as Equifax is not showing any info from Santander also odd.

[Amethyst]

Re: just received an Order for Production of Statement of Means from the Court, help!

Okeydokey, check out this thread http://legalbeagles.info/forums/show...lication-notes and have a think about if you want to apply to set aside and defend the claim - or whether you want to jkust accept it and sort out installments - Can you tell us a bit more about the debt - Santander - soo credit card most likely ? If Hoist brought the claim it could well be over 6 years old, so we'll need to ask Hoist for information - copy agreement, etc, but anything you can recall for now will help ?

[tallava]

Re: just received an Order for Production of Statement of Means from the Court, help!

@Amethyst
Thanks for the thread/link. I want to apply to set aside and defend the claim. I checked with my previous estate agent for the property i rented a house from if there was any mail for me after i left the previous property (apparently this is where the CCJ was sent to, called Hoist Portfolio Holding 2 Limited, they conformed this, also the local Court confirmed this delivery) , but the Estate Agent said: if there was any mail, we'd forward it back to the sender! However, i have not arranged a redirection service from my previous address to the current one. So how do i explain that to the court?

One more thing....since i want to apply to set aside and defend the claim, do i still have to complete the enclosed Form for Replying to an Attachment of Earnings Application (must reach court within 8 days since)?


ps. it's about a santander credit card i couldn't afford to pay at the time can't remember when was the last payment made, sorry (waiting to access my credit file on Equifax to ensure if SB, is SB over 6 years old if thats the case? the original amount owed was £4145 now it's £4465
Forms to send to court tomorrow are:
1. EX160 (i'm on low income)
2. Form N244
3. Witness Statement
4. Draft

[Amethyst]

Re: just received an Order for Production of Statement of Means from the Court, help!

Hiya,

Yes complete the statement of means and send it along with your application to set aside. On the statement of means form write that you have applied to the court to set aside the default judgment.

If it was over 6 years then it would have fallen off your file - although the date would run from a month or two after your last payment, not the date of default, it is a good guide (ie if it only defaulted 4 years ago then you'd need to do a bit more investigating about your last contact/payment ) You should also send a CCA request to Santander and a request for a statement of the account detailing the last transactions. After you have the set aside application in you can also send a CCA request to Hoist.

Box 3 on set aside form can be something along the lines of;

An order to set aside the judgment in default because the claim was not received by the defendant. The first the defendant was aware of any claim was on receipt of the statement of means order on XX/02/2016. The Defendant contends that the debt was statute barred before the original proceedings were brought and had she received the claim would have defended the claim in full with a reasonable prospect of success.


Then your Box 10 or witness statement wants to detail when you moved and that you hadn't heard from the creditor for x years and believed the debt to be stat barred at that point so had no obligation to inform of a change of address, however you had been receiving your post from your ex landlord up until xx date at which point post started to be returned to the sender. During that period you had not received anything from Hoist or other third party about the Santander credit card.

You should be able to check credit file on Noddle (which is free and instant ) - have you checked your credit file at all since moving btw ? as that would have updated your address on the system - and that Hoist have got your new address to send the statement of means to means they could have checked the credit file for your address before issuing the claim.

[tallava]

Re: just received an Order for Production of Statement of Means from the Court, help!

Hi Amethyst, thanks for getting back to me. My bank account is linked with my current address i also get paper bank statements thru the post for the last year or so.... However, i've signed up with credit agency Noddle on Friday as soon as I received the Order from the enforcement officer so my address does show up there. Surely Hoist would have been able to check the credit file and issue the claim at my current address if i didn't respond in the first instance
Please check N244, Witness statement, draft order, draft defence. I have no idea what else to add/delete on draft order or draft defence, please suggest any more information i should put in as i am completely hopeless i was hoping to prepare all this by 4pm today but can't risk without getting your advise, time is running out..

[tallava]

Re: just received an Order for Production of Statement of Means from the Court, help!

here's the draft defence, it didn't work/fit in the same/previous post

[Amethyst]

Re: just received an Order for Production of Statement of Means from the Court, help!

You're not hopeless at all - you are getting there with the application.

In box 3 of the N244 you need to say ' An order to set aside the judgment in default to allow the defendant to defend the claim. The Defendant was unaware of the claim or judgment until an enforcement officer served an order for production of a statement of means on XX/XX/XXXX '


In the witness statement paragraph 4 - 'I hadn't heard from the original creditor or any third party relating to any debt that may have been owed to the original creditor for over 5 years and believed that anything outstanding would have been dealt with before then. ' - then take out the stat barred bit from there, as it wouldn't be stat barred at 5 years - only at 6.

I'm sorry I have to go out for a little bit but I'll make sure this is finalised tonight so you can get it sent off in the morning xxx

[Amethyst]

Re: just received an Order for Production of Statement of Means from the Court, help!

Evening Just to let you know am going through things now for you xxxx

[Amethyst]

Re: just received an Order for Production of Statement of Means from the Court, help!

IN THE xxxxxx COUNTY COURT
CLAIM NO XXXXXXX


B E T W E E N:-



HOIST PORTFOLIO HOLDINGS 2 LIMITED
Claimant


and

xxxxxxxxxxxxxxxxxxxx
Defendant

____________________________________________
DRAFT DEFENCE
____________________________________________

1. The claim is for an alleged Credit Card running credit agreement regulated by the Consumer Credit Act 1974.
2. The Defendant has held a credit card with Santander in the past, however is currently unable to ascertain whether this claim relates to that credit card as the Claimant has not disclosed any evidence or documents relating to the alleged debt.
3. The Defendant has had no contact with Santander, as original creditor, nor any third party relating to any alleged debt after / around 01 November 2009.
4. The Defendant contends that the debt claimed is time barred by virtue of the Limitation Act 1980.
5. If the Claimant disputes the contention that any debt is statute barred he is required to provide evidence to the contrary.
6. It is denied that the original creditor, Santander, served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
7. It is denied that the Claimant nor the original Creditor served any notice of assignment of the debt from Santander to Hoist Portfolio Ltd on the Defendant. The Claimant is required to evidence they hold the legal rights over the alleged agreement.
8. It is denied that the Claimant is entitled to the sums as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[tallava]

Re: just received an Order for Production of Statement of Means from the Court, help!

[MENTION=6]Amethyst[/MENTION] you are my guardian angel😇

[Amethyst]

Re: just received an Order for Production of Statement of Means from the Court, help!

Not sure what date you think you last paid, so long as it is over 6 years (plus a few months) before the original court claim it should be okay. You can't put CCA stuff on as yet as it's no applicable while under judgment, but if you get it set aside you can then send a cca request and then defend on that basis too.

Doing witness statement and application now - unless you cracked those from my previous comments?