Small claims court

[Hensa]

I have been in contact with restons solicitors who allege I have a credit card debt . The agreement was signed in 2010. Payments were made till 2011 by cheque and dd. Not mine as I don't have a cheque book. I disputed this debt with ms but sold to Arrow global. I asked for a cca took them 41days but they sent original letter back with a line saying it was not signed. They have no proof who the payments were made by. I had to go to court for summary judgement but I had to fight for this as they asked for judgement without hearing. I have managed to get a small claims hearing but I want help with the way forward, the judge says I have to submit a witness statement. How can I prove I did not sign agreement. All this occurred so long ago! Please help me.

[Diana M]

Re: Small claims court

Starting at the end, when is your hearing date and what is your WS filing deadline?

When you say they (Arrow?) took 41 days to produce the agreement do you mean you sent them a Subject Access Request or did you send a s 77-79 CCA Request together with a £1 postal order for the statutory fee? If you haven't sent that (CCA Request) then send it now.

Well done you for winning the Summary Judgment hearing. You must have convinced the DJ that you had an arguable Defence , so now all you need is help to argue it in court

Di

[Hensa]

Re: Small claims court

They sent a cca after 41 days but sent the cheque and letter back so I guess that does not count on the time scale? I asked for the direct debit and cheque proof but they did not have it, as they claimed I paid the accounting 2011. Can this not be barred if they cannot prove who paid.

[Diana M]

Re: Small claims court

They sent a cca after 41 days but sent the cheque and letter back so I guess that does not count on the time scale? .

Can you confirm whether you sent a CCA Request or a SAR Request? And to whom did you send it?

Di

[Diana M]

Re: Small claims court

I asked for the direct debit and cheque proof but they did not have it, as they claimed I paid the accounting 2011. Can this not be barred if they cannot prove who paid.

You're saying that you believe this debt may be Statute Barred. You believe you've not made any payments since 2010. The Claimant's solicitors are saying you made payments by cheque in 2011, but you say that's not possible because you didn't have a cheque book.

So, the onus of proving the debt is not SB lies with the Claimant. They've got to produce evidence of your payment. So far they haven't (according to you).

When do you believe you made your last payment?

What is the claim Issue Date? (Top right on the front page of the claim form.)

What legal arguments did you put in your Defence and did that include the Statute Barred argument?

Di

[Hensa]

Re: Small claims court

I have not put in the statue barred defence yet, as I thought I had to prove I had not made payments. The original Northampton date was August 2016, then there was a stay, they applied for a hearing on 9/12/216, I received s notice of hearing on the 13 th jan.

[Diana M]

Re: Small claims court

I have not put in the statue barred defence yet, as I thought I had to prove I had not made payments. The original Northampton date was August 2016, then there was a stay

If the claim was issued in August 2016 then for the debt to be SB the last payment (and possibly the Default Notice remedy date) would need to have been before August 2010 because the SB clock stops ticking once a claim has been issued.

In your first post you say "the agreement was signed in 2010" so how likely is it that the account was opened and defaulted within the first 6 - 7 months?

Di

[Diana M]

Re: Small claims court

restons solicitors who allege I have a credit card debt . The agreement was signed in 2010. Payments were made till 2011 by cheque and dd. Not mine as I don't have a cheque book. I disputed this debt with ms but sold to Arrow global.

Who is "ms" - did you have a credit card with M & S Financial Services?

Can you type up the Particulars of Claims from the front page of the claim form so it's clear what is being claimed and why they think they have the right to claim it. Make sure you don't post any personal information which could identify you.

Di

[Hensa]

Re: Small claims court

Hi, sorry it has taken so long to reply but I have been ill. I now have completed a SARS to M&S which sold the debt 2 weeks ago. No reply. I have completed a witness statement which I have sent to the court, showing my correct signature and also proof that I have not made or used the card. I am worried that I am unable to attend the court hearing, I have told the court. I am unable to get the time off work as I am a nurse and we are experiencing high levels of sickness. I do I have to let restons know that I won't be attending. I really want to attend but they will not give me the time off after I have just Ben off sick. I think I have covered all the bases with my as and they have no new evidence since they lost the summary judgement, really worried. I have shown the signature is not mine and shown proof that I could not of made payments but restons are slippery suckers, what else can I do