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almond

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  1. HI Will put in n170 and ask about n265 since i really can't remember having one to do just thinking was a n265 were i had to submit paperwork i was using in defence since i sent that to them in feb - mar time
  2. will look later at all the paper,do you think link will be able to get a judgement ? or will they be able to over throw the courts motion, what is the worst that can happen
  3. hi don't know what a n265 is i have checked the form i have and its a n170 questionaire form
  4. hi have just got post from court it is ordered that 1 the time for the defendent to file her amended defence and disclosure statement is extended to 19th june. 2 the trial listed on 28th june is vacated 3 this order has been made by the courts own motion. Any party affected by this order may apply to the court within 7 days to ask for the order to be set aside, varied or stayed (pursuant to part 3.3(5)a of cpr does anybody have any idea what it means?
  5. yes trial date is 28th june, got witness statement last month its been moved to my local court just off to get blood taken back about 11.30 just in case you thought i had gone
  6. HI they say its because i failed to comply with order to do check list so they are going for judgement, can i do check list now and ask them to give me an extension for two months as i requested before, i will still not know for a couple of weeks if i need operation to remove abcesses
  7. hi only a notice date for returning pre trial checklist sent about 25th april saying to return 4th may
  8. morning i hope you might be able to help, i was supposed to file questionaire by 4th may for my court hearing will try and keep this brief i took ill 28th april and was being treated for a kidney infection got worse all week and was rushed into hospital 4th may turns out i had abcesses on right ovary released 7th may got worse having trouble breathing 9th may back at hospital since wanted to check if i had blood clots on lungs confirmed 10th blood clots and 6 months warfarin district nused calling every day to take blood and injections in tummy bed rest because treatment for abcesses making me ill and had to restrict movement to until clots broke up. moved from first lot of tablet cos were making me sick to second that were worse. Now on third lot that seem to be working. Off for another scan friday to see how abcesses are doing. well thats a brief outline. So once i was able to get out of bed i wrote to both the court and link asking if i could have two month extension explaining what had happened, I sent letter that doctor wrote to have me admitted to hospital and a warfarin letter i got from hospital. i have not heard back from court but got a letter from link on saturday saying as i failed to comply with court order made on 2nd may (wrong date) we have requested judgement in default. I will be served with a copy once its made. if a judgement is granted i can apply to have it set a side and suggest i take legal advice. if the judgement is granted the next course will be to make an appilcation for a charging order. while no payment will be rejected one the debt had been secured we will be looking for payment by instalments. We will require details of your income and expenditure together with your offfer of payment for our consideration. any ideas what i can do i am still ill and this is making matters worse, can i write to the court asking them to give it to judge before he makes up his mind as to whether a judgement is granted. Can i write to oft to say that the account was in dispute since i was never given a copy of agreement until i 3.8 link after they took me to court. Sorry to go on for so long and thanks if you can help
  9. hi is this ok and what is what i have highlighted in red Witness Statement 1 I do not deny that a contract once existed between me and the claimant. I deny the contract endures since on a day prior to the commencement of this case against me, the Claimant terminated the contract. 2 I deny that I have ever received an effective default notice from the Claimant prior to the contract being terminated. 3 At trial I shall contend that under Section 87 of the Consumer Credit Act 1974 (The Act) the creditor must deliver a default notice which complies with all of the requirement of Section 88 of the Act and of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 before the Claimant will become entitled to terminate the agreement and make any demand for early payment. It is my case that no default notice which complied in the respects referred to was ever delivered to me by the Claimant. 3 The Claimant contends otherwise and in support of its contention that a compliant default notice was delivered to me relies exclusively on a screenshot from a “Mida” system that shows the entry xxxxx NOD what is this? 4I understand the claimant claims that NOD stands for Notice of Default. 5 The claimant has admitted in a letter dated 23/04/2009 that a copy of the original credit agreement has been requested and should we be able to provide you with a copy, we will forward it to you. To this date the claimant has yet to respond. The claimant has failed to comply with my sec 77/78 request but confirmed in writing that they had requested a copy and would forward on receipt. To this date the Claimant as yet to respond I then sent a letter putting the account into dispute 30th April 2009. attach exhibit no 1 letter from mbna dated 23rd april 2009 attach exhibit no 2 default letter dated 30th april 2009 6 In the circumstances and in addition to my main contention, I contend that until such time as the Claimant has established a legal entitlement to earlier payment and given disclosure of material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the court to determine at the hearing of an application for summary judgment, that I have no reasonable prospect of showing at trial that the sum of money claimed (whatever that sum may be) is not owing to the Claimant. 7 The claimant also claims £240.00 in charges. I refute these are payable. These are default charges levied on the account for alleged late payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. Date: Statement of Truth I believe the facts stated in this Witness Statement are true
  10. hi just doing it now , if you remember i have a copy of cca and letter i have put on here saying i can confirm that a copy of the original credit agreement has been requested for you and should we be able to provide you with a copy we will forward it to you. should i refer to that rather then not being able to provide me with default letter
  11. thanks andy will be back once i have done it, do i send them a copy of credit agreement , default letter and other things i have
  12. hi need help urgent done all the bits and thought i had to do witness statement 27th april , but just found papers and its 27th march, I have got myself in a state, bit of a long story my mother has been ill does anybody have a copy of a statement to help me.
  13. so just send a letter saying i was sent copy of chargecard not mastercard
  14. As above sent an old unreadable chargecard statement i did send a letter back putting account in dispute so i am the same as rest of you , any ideas what to do next thanks
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