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.
Small claims court
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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
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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.
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Re: Small claims court
Originally posted by Hensa View PostI 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.
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
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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.
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Re: Small claims court
Originally posted by Hensa View PostI 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
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
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Re: Small claims court
Originally posted by Hensa View Postrestons 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.
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
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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
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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