Claim for expenses

[nemesis45]

Re: CCJ claim from hoist portfolio 2 ltd

Northampton CC Business Centre Does Not Issue Threats, it issues claims.
You will need to put the claimant to provide strict proof that any such alleged payment
was made, how it was made an who paid it.#
CCA to the claimant only.
CPR31 14 to solicitors.

You would have made the task easier had you not a the early stage sent/submitted the stat barred defence.
Has the court acknowledged service of your defence?

nem

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

Hi, sorry. I didn't really know what to do and panicked. With it being Christmas I didn't want to miss the dead lines. Will it effect me sending the statute barred letter to the courts?

I have heard nothing from the courts yet.

[Debt Camel]

Re: CCJ claim from hoist portfolio 2 ltd

You mentioned Afghanistan - I'm guessing you were military then, are you still in the Forces? If you are, you may have access to military legal specialists.

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

I am still serving. And I was in Afghanistan when this alleged payment was made. We don't have any help with legal issues like this really. Especially something which I did when I was a lot younger and foolish!

[nemesis45]

Re: CCJ claim from hoist portfolio 2 ltd

[QUOTE=Benji330;605261]The letter was just saying that I had made a payment on the account in 2010. And that my rights to claim it was statute barred do not stand! I have never made a payment on this account since 2007. And I have checked my bank statements and not had any payment taken for that amount. Also the time that the payment was supposedly made, I was away in Afghanistan! Where I had no access to phones or internet.[/QUOTE
Good morning Benji,

Have you any time in the past made a CCJ request to any company in relation to the alleged debt?
Well it's best to stick to the SB defence the claimant must prove such a payment was made and the
debt is not statute barred you do not have to provide proof that it is so barred.

No doubt you can prove that you were in Afghan at the time the alleged payment was made?



nem

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

Hi nem,

I have never made any requests or acknowledged any for the past 8 years.

And i can prove I was away with our move and tracking through the army..

Do I have a good case or will I get a CCJ?

[nemesis45]

Re: CCJ claim from hoist portfolio 2 ltd

Hi, sorry. I didn't really know what to do and panicked. With it being Christmas I didn't want to miss the dead lines. Will it effect me sending the statute barred letter to the courts?

I have heard nothing from the courts yet.

You don't just send letters to the courts Benji, the process must be followed otherwise you could get a judgement by default against you.
I take it Cohen did not state any more detail on the alleged payment just 2O10?

nem

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

I didn't know what to do, so I sent back the defence form and said I would defend in full. With a copy of the statute barred letter.
The letter from Cohen just 9th March 2010 I made a payment of 5 pound

[nemesis45]

Re: CCJ claim from hoist portfolio 2 ltd

I didn't know what to do, so I sent back the defence form and said I would defend in full. With a copy of the statute barred letter.
The letter from Cohen just 9th March 2010 I made a payment of 5 pound

Ok can you think of any means by which a payment could have been made? (what type of account was this?)
You say this is definitely on credit reference files?
nem

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

I have no idea who would want to make a payment on the account. But I did not give anyone permission or make any such payment.
It was a loan account with Santander
What do you mean by on credit reference files?

[nemesis45]

Re: CCJ claim from hoist portfolio 2 ltd

I have no idea who would want to make a payment on the account. But I did not give anyone permission or make any such payment.
It was a loan account with Santander
What do you mean by on credit reference files?

Experian, Equifax and Call Credit , credit reference agencies hold records of an individuals credit accounts.
I'm thinking it may be well worth while making a call to Santander to see if they can shed so light on this
" mystery" payment.

I'm going to send you aPM

nem

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

I have responded to your PM. It vanished of off my credit files a good 18 months ago

[Debt Camel]

Re: CCJ claim from hoist portfolio 2 ltd

I am still serving. And I was in Afghanistan when this alleged payment was made. We don't have any help with legal issues like this really. Especially something which I did when I was a lot younger and foolish!

If you are currently based abroad you should be able to get help from Army Legal Services I am told.

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

I am not still serving overseas. U.K. Based now unfortunately

[nemesis45]

Re: CCJ claim from hoist portfolio 2 ltd

I have responded to your PM. It vanished of off my credit files a good 18 months ago

That's good Ben. That at least gives us some idea of timescales.

I do think that a call to Santander to see if they can provide any info as to
what the " mystery" payment may be, satans banks paperwork / admin has
always been suspect.
Quite a few people have been caught out by charges refunded appearing as
payments to an account which have been treated as a payment made by
a customer.

Mod legal I'm sorry to say has been rather poor at responding to request
for help from personnel either deployed abroad or at home, something that
annoyed me for years.

nem