Northern rock loan problems!

[Mikey4]

Re: Northern rock loan problems!

Can they use the ppi as a form of payment from me? Even tho it's not me actual paying my own money in!

[Mikey4]

Re: Northern rock loan problems!

What would be the best way to go about writing a witness statement?

also I have check my experian credit report and I do not have any debit registered with them, no CCJ.
would they have applied for a CCJ if they knew they had a case against me?

[Mikey4]

Re: Northern rock loan problems!

Anyone?

[Mikey4]

Re: Northern rock loan problems!

Are there any solicitors on here that I could pay for their services?Really need to know where to go with this as time is running out.

[Mikey4]

Re: Northern rock loan problems!

Could there be any way Restons could be deliberately ignoring me?
i have been trying to get in contact with them for the past 4 days.
I want proof of these transactions and proof of which bank account these where paid from.

[Amethyst]

Re: Northern rock loan problems!

Morning Just having a read back see where you are up to xx

[Amethyst]

Re: Northern rock loan problems!

Okay Witness Statement for the hearing on the 16th so needs to go in next couple days. Have made a start on it, but needs lots more adding, eg. the circumstances of defaulting on the account in the first place, any contact with original creditor or claimant, and any letters/requests for info you have sent since getting the claim, any replies, and also a bit of detail about your difficulty speaking with restons...




IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in defence of the claimant's application;

• to lift the stay of proceedings
• to strike out the defence or
• for summary judgment and
• for an order that the defendant do pay the claimants costs on a contractual (indemnity) basis pursuant to CPR 44.5

2. I have not acknowledged or made payment to the alleged debt since July 2007. My defence to the claim is that the debt is statute barred by virtue of section 5 of the Limitations Act 1980. I enclose a copy of my banking statement showing the last payment made to the original Creditor [EXHIBIT A]

3. The Claimant's case appears to be based on alleged payments made to the account in 2010. The Claimant sent me a list of these payments on XXXXXX [EXHIBIT B] and they are listed as

• cdad miscellaneous debit
• Pac agent payment
• PP payment
• Woab bad debit write off
• uddc payment
• Won write on payment
• Pacx agent recall
• Woff write off

4. These payments appear to be internal accounting by the original creditor.

4. The Claimant has provided no further details of these payments nor provided any glossary to explain the acronyms used to enable me to research. They have not provided evidence of any contact or payments made after July 2007.

5. I have had no contact with the Claimant before receiving the county court papers in the current case.

6. I have had no contact with the original creditor (XXXXXXXXXX) since XXXXX

7. On xxxxxxx I sent a request to the claimant xxxxxxxxxxxxxxxxxxxxxxxx

8. The claimant has not complied with a request for a true copy of the original agreement under the Consumer Credit Act 1974 s.77(1)

9. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the agreement is entirely central to the Claimants case.

10. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.




Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[Mikey4]

Re: Northern rock loan problems!

Thankyou very much for your help so far.
I have sent the witness statement of
also I have requested more proof as to what these so called phantom payments are?
i have a telephone hearing this week so will no doubt be back on here soon lol.
thanks again
Mikey

[Amethyst]

Re: Northern rock loan problems!

Cool, best of luck with the telephone hearing.

[Mikey4]

Re: Northern rock loan problems!

Evening.
Well the hearing didn't go great.
The judge basically believed the solicitors speal about these Phathom payments! And lifted all the above,so the case is reopened to now take further action against me!I asked the judge if I could still pursue this to which he said I would need to get leagal advice.
Also asked if I had any reason why I shouldn't pay the £1500 solicitor costs! Which I had no real answer.

I was was a little bit annoyed as on the hearing letter it stated that it was a 20 minute limit for the hearing and the times are strict meaning it couldn't go over the allotted time.
Well I was on the phone for 41 minute and was on the phone waiting for 15 minutes waiting for the other parties to be connected!

The judge said I will have around 29 days to appeal?

is this the end of the road or can I still try and appeal

cheers
mikey

[Mikey4]

Re: Northern rock loan problems!

Any input? Just haven't got long to try and sort this mess out

[Amethyst]

Re: Northern rock loan problems!

Bloody hell. So unfair.


Was your defence solely based on the Statute Barred issues ? or were there CCA issues as well ? On a quick read back I think you entered your defence just on statute barred and sent a CCA request after as back up.

So he's ordered you pay the £18k plus £1500 costs ? Yes you can appeal - you'll need to bring in the CCA issues as well, and on the other threadthere's some thoughts on burden of proof and evidencing statute barred.

I've just seen your post on your other thread and I'm so sorry I missed your post on the 16th, thank you for your PM xxxx

[Mikey4]

Re: Northern rock loan problems!

What would be the next steps for me to make an appeal?

[Amethyst]

Re: Northern rock loan problems!

21 days to appeal - have you had the order from the court yet?

EX340 is the information on appeals (attached)

Appellant's notice (Small claims track only) n164-eng.pdf

Did we send a letter off to find out the accounting codes ?

[Mikey4]

Re: Northern rock loan problems!

No not sent a letter out with regards to the accounting codes