Credit Card proof

**MIKE770** · 26th June 2017, 22:14:PM

Re: Credit Card proof

[MENTION=87380]Diana M[/MENTION]

**MIKE770** · 26th June 2017, 22:26:PM

Re: Credit Card proof

Sounds like another of the phanton payments, no doubt suggested you ask how paid by whom and account number bank etc or postal order from whom porove statement, sure other will comment soon also see what they say/

- - - Updated - - -

or you sure the £1.00 was for a CCA1974 credit application request???

**Dolphin** · 26th June 2017, 22:40:PM

Re: Credit Card proof

Originally posted by MIKE770 View Post

Sounds like another of the phanton payments, no doubt suggested you ask how paid by whom and account number bank etc or postal order from whom porove statement, sure other will comment soon also see what they say/

- - - Updated - - -

or you sure the £1.00 was for a CCA1974 credit application request???

Thank you for replying MIKE770 and please forgive me if I reply incorrectly, I am new to this.

I have not asked the Claimant's solicitor for any further details regarding the payment. They seem to be quite sure that I have no Defence, because I 'signed' a CCA. However, the CCA they have submitted to me is merely a tick in a box which is to verify my actual signature, of which there is none. These two items are as I said their 'proof' that I incurred this debt. 1) I am unsure whether to submit a witness statement prior to the court date in July? 2) The information they hold seems spurious? Any advice would be much appreciated. Thank you.

**warwick65** · 27th June 2017, 07:25:AM

Re: Credit Card proof

Hi
As the account was opened after 2005 a tick box is perfectly acceptable as a means of opening the account and signing the agreement.

It is difficult to give any thoughts as you have explained little about what the particulars of claim state and what you entered as your defence - sadly it is unlikely a simple 'I know nothing of this debt' is unlikely to convince a judge.

Have you ever sent a CCA request with the £1 fee, recently or in the past and have you had to file a witness statement ?

From what little you say , if they can show on balance you took out and used the card they will probably win, if on the other hand you can show how you could not have taken out the agreement or used it - maybe because you did not live at the address or were out of the country when the agreement was signed you might have a chance.

**Dolphin** · 27th June 2017, 10:26:AM

Re: Credit Card proof

Originally posted by warwick65 View Post

Hi
As the account was opened after 2005 a tick box is perfectly acceptable as a means of opening the account and signing the agreement.

It is difficult to give any thoughts as you have explained little about what the particulars of claim state and what you entered as your defence - sadly it is unlikely a simple 'I know nothing of this debt' is unlikely to convince a judge.

Have you ever sent a CCA request with the £1 fee, recently or in the past and have you had to file a witness statement ?

From what little you say , if they can show on balance you took out and used the card they will probably win, if on the other hand you can show how you could not have taken out the agreement or used it - maybe because you did not live at the address or were out of the country when the agreement was signed you might have a chance.

Thank you Warwick65.
I managed to get the CCJ set aside because the pre protocol had not been followed and the claimant was also not awarded costs. My Defence has been based on this. However, they have now produced 'evidence' as stated above to me and are asking me to offer a settlement. I was living with my ex partner at the time they are speaking of and he was largely responsible for financial affairs. I do not know about this debt, but as you say, this may not form my Defence. I am desperate not to get a CCJ for my future credit... the only way I can see this definitely not happening is to may an offer (even though it galls me)... how would I do this? How much should I offer? (I am on Working Tax Credit - limited money, so I would have to borrow)... they have asked me for an income breakdown.
Thank you for any advice.

**Amethyst** · 27th June 2017, 13:49:PM

Re: Credit Card proof

Just to check - prior to the alleged £1 payment - were there other payments made ? eg. had the £1 not appeared would you have been arguing the debt were statute barred ? ( so last payment before 2010 ? )

**Diana M** · 27th June 2017, 13:50:PM

Re: Credit Card proof

Originally posted by Dolphin View Post

I noticed a CCJ against my name and an old address. Finally, after several months and two visits to the local County Court, I was able to get the CCJ set aside. I also had to write a Defence within a month of this decision.
Now, the Claimant has paid Court fees to start the proceedings again.
The debt is for just over £9K. I am unaware of this debt and know nothing about it. Papers were served at a previous address where I lived for some time with my ex partner.
The initial 'debt' was for May 2007. It has taken almost a year for the Claimant to give me any 'proof' that this is a debt I occurred.
The 'proof' they have has finally been presented to me...
A tick in a box on a CCA and a £1 payment back in August 2011 - no bank details, just my name and it says fast track next to payment?
I do not know anything about this debt or a £1 payment.
The Claimant's solicitor is constantly plaguing me to offer a settlement before the new court case in July.
I am at a loss. I do not want to make an offer, since I truly believe I did not take out this credit card. However, I am also concerned that my ex partner may have done so... how would they have a tick in the box and a £1 payment?!

First of all, Well Done You for getting the CCJ set-aside. Why did it take two hearings?

Can you now clarify some 'procedural' things before it's possible to make any suggestions on the way forward.

You have successfully obtained a set-aside of a CCJ.

You then filed a Defence within a month as per the court Order.

It appears that the claim was then stayed (is that correct?) for approximately a year and then the Claimant paid the fee to lift the stay so that proceedings can continue.

What happened next is important.

Were you sent a Directions Questionnaire to complete so that the proceedings could continue from where they left off (after you filed your Defence) or did the Claimant make an Application to the court for a Summary Judgment on the basis they (Claimant) believed that your Defence had no merit?

What is the hearing in July? Is it the Trial (to decide the final outcome) or is it something else?

You say the Claimant has finally produced some evidence. This appears to relate to a CCA agreement and a £1 payment. Were these documents sent to you as evidence attached to a Witness Statement relating to next month's hearing?

Did you plead Statute Barred in your Defence?

Did you plead anything else in your Defence?

If the Claimant has produced new evidence into these proceedings (since you filed your initial Defence) then you need to know whether an Amended Defence would be appropriate and how to achieve that.

Who is the Claimant and who are the solicitors which are putting you under pressure to settle this claim?

Who was the original creditor for this credit card (assuming it's been assigned to a debt purchaser)? You need to send them a Subject Access Request to get the full history of the account asap.

I make no apologies for all the questions because accurate advice can only be based on solid facts.

Di

**Diana M** · 27th June 2017, 14:08:PM

Re: Credit Card proof

Originally posted by Dolphin View Post

These two items are as I said their 'proof' that I incurred this debt. 1) I am unsure whether to submit a witness statement prior to the court date in July? 2) The information they hold seems spurious?

The information which they don't hold could also be helpful to your case

Have they produced a Default Notice?

Have they produced a Notice of Assignment?

Did you send a CPR 31.14 Request to the solicitors, and if so you what documents did you ask to see? Was the Deed of Assignment one of them?

If you haven't already sent a formal s.77-79 CCA Request to the Claimant then I would do that now.

You ask whether you should file a Witness Statement before next month's hearing. The answer to that will depend on your answers to my previous post, and whether the court has already given Directions telling you to.

Di

**Dolphin** · 27th June 2017, 19:10:PM

Re: Credit Card proof

Originally posted by Amethyst View Post

Just to check - prior to the alleged £1 payment - were there other payments made ? eg. had the £1 not appeared would you have been arguing the debt were statute barred ? ( so last payment before 2010 ? )

Thank you Amethyst - I know nothing of any other payments other than a copy of a receipt for £1 the claimant's sent me last week - I did not argue that the debt was statue barred because of the CCJ?

**Dolphin** · 27th June 2017, 19:33:PM

Re: Credit Card proof

Thank you for replying Di. In reply to your questions:
When I went to the first hearing, the Claimant's solicitors were unable to supply any documentation. They were given time to do so. At the next hearing they were still unable to do so. Therefore, they suggested to set-aside judgement (since they had no evidence that they had followed pre protocol, and they had not followed the Order to supply the necessary information. The judge was not impressed and would not award any costs to them. The judge then asked me to submit a Defence (which I did) within the month. Basically, he said 'it is up to them to prove it'.
I don't understand what 'stayed' means... But a couple of months later I received a Notice of Proposed Allocation to the Small Claims Track. I ticked the box for the case to be referred to the Small Claims Mediation Service (as did the Claimant's solicitors).
I was then sent a Notice of Allocation to the Small Claims Track (Hearing) where directions asked for each party to deliver to the other party docs which may be relied upon at the hearing fourteen days beforehand. It stated that the original documents be bought to the hearing. Looking at that again, it does state that either party must send of deliver the application to have the order set aside, varied or stayed. As the CCJ had been set aside, I assumed I did not need to respond. Following that, a Notice of Trial Date arrived (for July)... asking the Claimant to pay the court the trial fee or the case would be struck out.
The claimant's solicitors started 'bullying' me... saying they now had the information... as stated above (a tick in a box contract and a £1 receipt - no bank details). They paid the money for the case not to be struck out and have now written to me again, telling me I have no Defence and asking me to settle.
I have not seen a Witness Statement, only two letters telling me I have no Defence.
I did not plead Statue Barred in my Defence (my Defence was based purely on the pre-protocol not being adhered to) - I did not know I could plead Statue Barred, since the CCJ was in 2014 and at a previous address. Basically, they argue that they followed protocol - but I have proof I was not at that address to receive it. Their main argument is that it was not returned to them. My argument is that I cannot be responsible for that as I had moved from the address three years prior to that.
Yes you are correct that the Claimant has produced new evidence since filing y initial Defence.
The Claimant is Arrow the solicitors are Shoosmiths.
The original creditor was assigned from MBNA. What is a Subject Access Request?
I hope that answers all above.
Thank you Di.

**Dolphin** · 27th June 2017, 19:39:PM

Re: Credit Card proof

Thank you for replying Di, please do see my other reply. In response to this:
I don't know what they don't holed.
They have now produced a Default Notice which was sent to a previous address.
They have now produced a Notice of Assignment which was sent to a previous address.
No I did not sent a CPR 31.14 Request (?)
They have now produced a Deed of Assignment.
I have not sent a formal s.77-79 Request to the Claimant (?)
On the Allocation to the Small Claims Track (Hearing) it does state that Witness Statements should be sent to the Court - as I had already filed a Defence (prior to the new 'evidence') I was not sure of how to proceed.
Thank you Di.

**Diana M** · 28th June 2017, 10:09:AM

Re: Credit Card proof

Originally posted by Dolphin View Post

I have not sent a formal s.77-79 Request to the Claimant (?)

In which case you need to send a s. 77-79 CCA Request to the Claimant (Arrow) today with a £1 postal order for the statutory fee. You must send it Royal Mail Recorded Delivery so you have Proof of Posting.

Then send a copy of it (including the postal order) to Shoosmiths solicitors by Royal Mail Recorded Delivery. Send it with a covering letter which says words to the effect of "please see attached a copy of my s. 77-79 CCA Request to your client Arrow today".

This forum has a template letter for you to use in this link here > http://legalbeagles.info/forums/show...=7670#post7670

If you have any questions or don't understand anything then post on your thread.

Di

**Dolphin** · 28th June 2017, 10:40:AM

Re: Credit Card proof

Originally posted by Diana M View Post

In which case you need to send a s. 77-79 CCA Request to the Claimant (Arrow) today with a £1 postal order for the statutory fee. You must send it Royal Mail Recorded Delivery so you have Proof of Posting.

Then send a copy of it (including the postal order) to Shoosmiths solicitors by Royal Mail Recorded Delivery. Send it with a covering letter which says words to the effect of "please see attached a copy of my s. 77-79 CCA Request to your client Arrow today".

This forum has a template letter for you to use in this link here > http://legalbeagles.info/forums/show...=7670#post7670

If you have any questions or don't understand anything then post on your thread.

Di

Thank you Di.

However, they have sent me a copy of a CCA as below - is this not the same?

Thank you for replying Di. In reply to your questions:
When I went to the first hearing, the Claimant's solicitors were unable to supply any documentation. They were given time to do so. At the next hearing they were still unable to do so. Therefore, they suggested to set-aside judgement (since they had no evidence that they had followed pre protocol, and they had not followed the Order to supply the necessary information. The judge was not impressed and would not award any costs to them. The judge then asked me to submit a Defence (which I did) within the month. Basically, he said 'it is up to them to prove it'.
I don't understand what 'stayed' means... But a couple of months later I received a Notice of Proposed Allocation to the Small Claims Track. I ticked the box for the case to be referred to the Small Claims Mediation Service (as did the Claimant's solicitors).
I was then sent a Notice of Allocation to the Small Claims Track (Hearing) where directions asked for each party to deliver to the other party docs which may be relied upon at the hearing fourteen days beforehand. It stated that the original documents be bought to the hearing. Looking at that again, it does state that either party must send of deliver the application to have the order set aside, varied or stayed. As the CCJ had been set aside, I assumed I did not need to respond. Following that, a Notice of Trial Date arrived (for July)... asking the Claimant to pay the court the trial fee or the case would be struck out.
The claimant's solicitors started 'bullying' me... saying they now had the information... as stated above (a tick in a box contract and a £1 receipt - no bank details). They paid the money for the case not to be struck out and have now written to me again, telling me I have no Defence and asking me to settle.
I have not seen a Witness Statement, only two letters telling me I have no Defence.
I did not plead Statue Barred in my Defence (my Defence was based purely on the pre-protocol not being adhered to) - I did not know I could plead Statue Barred, since the CCJ was in 2014 and at a previous address. Basically, they argue that they followed protocol - but I have proof I was not at that address to receive it. Their main argument is that it was not returned to them. My argument is that I cannot be responsible for that as I had moved from the address three years prior to that.
Yes you are correct that the Claimant has produced new evidence since filing y initial Defence.
The Claimant is Arrow the solicitors are Shoosmiths.
The original creditor was assigned from MBNA. What is a Subject Access Request?
I hope that answers all above.
Thank you Di.

**Diana M** · 28th June 2017, 10:53:AM

Re: Credit Card proof

Originally posted by Dolphin View Post

Thank you Di.

However, they have sent me a copy of a CCA as below - is this not the same?

No it's not the same thing (you'll just have to trust me on that).

I'm guessing from what you've posted on your thread that the court made an Order somewhere along the line in these proceedings to force disclosure of various documents (which included the credit agreement) but that is not the same thing as the Claimant complying or not with a s 77-79 CCA Request which is a statutory instrument.

Sending you documents previously won't mean that the Claimant has complied with your CCA Request which you haven't yet sent (which you really do need to send asap).

Someone needs to take a look at what they've produced so far and more importantly what they produce in response to your CCA Request (even if it's the same stuff).

You say this was a MBNA credit card so when was the account opened and how (i.e online, postal "Pre-Approved" invitation letter etc)?

Di

Credit Card proof