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County Court debt claim hearing date 30 April 2020- statute barred/ alleged payment
Hi all,
i'm looking for some assistance with a current claim against me. I've just received a hearing date for the end of April 2020 and have (finally) been sent what I can only assume the claimant (hoist portfolio) believes to be my CCA, statement of account and "payment" posting of £49.00 on a HSBC ledger.
The issue here is, I do not recall making this alleged payment, do not have it recorded on my bank statements and what they have now provided doesn't state by whom or what method/bank account the payment was made. It's simply a manual payment posting for the amount years after the account closed which was then transferred to the original DA that bought the account.
Despite the CCA they have sent being amended terms and conditions and failing to include any of the other legal requirements, my main concern is the statute barred defence. I'm certain what has been alleged isn't a payment I've made and I'm looking for perspective on the weight of the document as evidence? It looks like an amount of £49.00 was posted but surely that isn't sufficient to say 'on the balance of probabilities' that it was me?
The letter accompanying the documents included a without prejudice offer (£200 less) so I'm of the thinking that this may be an attempt to settle without them having to pursue. Maybe that is wishful thinking.
Has anyone had any experience with something similar or an opinion on what they've provided? Any help would be much appreciated.
Thanks L
i'm looking for some assistance with a current claim against me. I've just received a hearing date for the end of April 2020 and have (finally) been sent what I can only assume the claimant (hoist portfolio) believes to be my CCA, statement of account and "payment" posting of £49.00 on a HSBC ledger.
The issue here is, I do not recall making this alleged payment, do not have it recorded on my bank statements and what they have now provided doesn't state by whom or what method/bank account the payment was made. It's simply a manual payment posting for the amount years after the account closed which was then transferred to the original DA that bought the account.
Despite the CCA they have sent being amended terms and conditions and failing to include any of the other legal requirements, my main concern is the statute barred defence. I'm certain what has been alleged isn't a payment I've made and I'm looking for perspective on the weight of the document as evidence? It looks like an amount of £49.00 was posted but surely that isn't sufficient to say 'on the balance of probabilities' that it was me?
The letter accompanying the documents included a without prejudice offer (£200 less) so I'm of the thinking that this may be an attempt to settle without them having to pursue. Maybe that is wishful thinking.
Has anyone had any experience with something similar or an opinion on what they've provided? Any help would be much appreciated.
Thanks L
