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

[tallava]

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

[MENTION=6]Amethyst[/MENTION] the claim is actually for an alleged unsecured loan. Sorry i assumed it was for a credit card. Will def. insert all of the above into my draft defence letter. Feeling nervous😬 But relieved that you're to help us.

[tallava]

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

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

No, i havent been able to crack on those two yet. Not sure if those attachments i posted will do but you are more than welcome to your suggestions. Thanks

[Amethyst]

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

Okay, well if you had both that might help actually

1. The claim is for an alleged agreement between the Defendant and Santander regulated by the Consumer Credit Act 1974.
2. The Defendant has held a credit card and an unsecured loan with Santander in the past, however is currently unable to ascertain whether this claim relates to the credit card or the loan as the Claimant has not disclosed any evidence or documents relating to the alleged debt.

[Amethyst]

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

Okay no worries. On the Witness Statement 1/2/3 are fine


----------------------


4. My address changed on 30th April 2014, before which date I had not had any communication with Santander or any third party relating to any previous agreements with Santander since on or around XXXDATE as ON DEFENCE XXXX

5. When I moved house I informed all creditors of my change of address however as I was unaware of any outstanding liabilities with Santander I did not inform them.

6. I had my mail forwarded on to me for a period of 3 months after moving. I did not receive any communication in that time.

7. From August 2014 I believe post sent to my old address was returned to sender, however my address had been updated on my credit file, and I do not believe there is any reason the claimant in this case would not have been able to trace my address using standard searches.

8. As stated in paragraph 2 I was unaware of any alleged debt or court proceedings until 26th February 2016. I have made this application promptly and have requested further information from the Claimant. I immediately contacted the Claimant by telephone and invited them to consent to set aside the judgment due to the above reasons.

9. The Claimant turned down my request

10. I have completed and returned the statement of means form however I request that any enforcement is put on hold until the court has considered my application to set aside and allow me 14 days to submit my defence to the claim.


Statement of Truth


...............................

[Amethyst]

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

Then just add that bit in box 3 of the N244


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 26/02/2016.

[tallava]

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

[MENTION=6]Amethyst[/MENTION] need your thoughts before i print out the following attached

1. N244
2. Witness Statement
3. Draft Defence
4. Draft Order

[nemesis45]

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

@Amethyst need your thoughts before i print out the following attached

1. N244
2. Witness Statement
3. Draft Defence
4. Draft Order

Hello Tallava Ame doesn't seem to be online at the moment but imo
that's good to go.

nem

[tallava]

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

Thanks nem, will send 1st thing tomorrow mornin.

[nemesis45]

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

Thanks nem, will send 1st thing tomorrow mornin.

OK Good Luck!!

nem

[tallava]

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

hi amethyst or nemesis,

just a quick update with regards to this thread.

1. I have received a Notice of Hearing for the 6 June at my local county Court.
2. Recently i updated my current address with Noddle and for the first time i have also received a letter from Robinson Way Debt collectors?! i thought Hoist Portfolio is the debt collectors? its with regards to the same ex Santander loan the letter says "We have sent you a number of letters and tried to telephone you, but your account remains unpaid. The full balance is due but we want you to understand what is affordable for you and agree a suitable payment arrangement based on your individual circumstances. Alternatively, we may be able to agree a reduction in the amount you owe as a settlement and we can even discuss you paying this reduced balance by affordable instalments. Due to: HPH2 LTD (EX SANTANDER UK PLC) still owing £4465

Rather late now but i just noticed on my witness statement sent to the court paragraph
"8. As stated in paragraph 2 I was unaware of any alleged debt or court proceeding until 26th Feb 2016 i have made this application promptly and have requested further information from the Claimant. I immediately contacted the Claimant by telephone and invited them to consent to set aside the judgment due to the above reasons."

But i have not yet requested further information from the Claimant. Is this the time when i should request CPR 31.14 and CCA?? or is it too late??

[Amethyst]

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

Okay. Let us know what happened today.

To update the thread, it seems Hoist decided to defend the set aside application and provided the agreement etc.