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county court claim

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Old credit card, defaulted 2010, claimant claims a payment was made December 2013, hence they started claim before December 2019 to keep it in time.

Cannot supply copy of CCA (not needed because of Carey v HSBC) but the supplied reconstituted agreement is dated 4 years after the default date, and cannot possibly be accepted the t's & c's at the time of obtaining the CC - is that my only defence?

I cannot check bank statements for the alleged payment, can I ask the claimant to prove the payment was made?

Am I screwed for the full amount with all the huge fees the claimant has added?

Comments

  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    Am I screwed for the full amount with all the huge fees the claimant has added?

    The only person that can decide that is the judge. Start by sending a Subject Access Request to the claimant and to the CC company. If they have the evidence, they can cough it up. Otherwise it is all bluff.

    Courts decide on paperwork in front of them - so no paperwork from the claimant - no win.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
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