jaycwl
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I'm not 100% on this, better than nothing if everyone's busy, even under Carey the agreement must be a true copy eg: name and address as at the time. if the judge does accept it then pull them up on the same case law of the details missing. Hopefully someone with more knowledge will pop up soon tho and good luck. And also stress on the fact no default notice is present so its unenforceable under the section stated in your WS
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Definitely mate, least they had to pay to take to court, then lift the stay and hopefully lose!
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Ha ha you just have to love some of the rubbish that he's spouting. "Not in the spirit of CPR" so I wonder if the spirit of CPR is to try and convince that a default notice isn't required
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Get straight on with drafting your WS myfamily, then post it up here for the guys to have a look at for you. I would deliver it yourslef at your local court tomorrow, that saves with the wait on postage and then your only one day late. Then send the claimant his copy 14 days before so he doesn't get it to early
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There is no templates for ws my family, you need to write this in your own words. You need to explain how they have not followed everything down to the t and how you are going to defend this EG no notice of assignment. You need to set some doubt in the claimant so you win or get a good reduction on a settlement. are all the details correct in everything that they have sent ? dates, addresses This is the ws I did in my case with hoist, its not the best but you will get a general idea http://www.consumeractiongroup.co.uk/forum/showthread.php?462050-Hoist-Claim-form-old-Barclaycard-debt-***Claim-Discontinued***/page3 post 49 knowledge is key, go have a really good read on lots of other cases and get the whole idea of what goes on and what to expect. No one can do this part for you but ive found if you give things a good try first then people can give constructive criticism and tell you what to change.
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I think what he's trying to say martin is he used a no paperwork defence but they have sent paperwork now. Also most of the WS are no paperwork ones, so what should he use? The thing is myfamily WS is your personal account on what has happened. In your case you want to show the claimant it's not going to be easy and that even what they have sent isn't perfect. Hopefully (dismiss) best case scenario or arrange a deal, but neither will happen if you don't show some flaws in there claim and paperwork I've picked up on no notice of assignment but can anyone else find anything wrong with what they have sent?
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OK I'm no expert at all with this stuff, but I can't see any notice of assignment. Lowell informing you of them buying the debt. Also seems to be a lot of charges on the account, and the payment in June was that from you? Just make sure everything is correct from their side, there's a reason vanquish sold the debt if they had the original agreement! Andy and DX are pretty good at picking apart these things hopefully they can help more.
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Have you uploaded the agreement, default notice and anything else that they have sent and let the guys check that its legal, because if not there's a start.
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HPH2/? claimform - old HSBC OD - prob SB'd***Claim Dismissed***
jaycwl replied to DreamEater's topic in Legal Successes
Excellent new dreameater, I subscribed as this case was interesting. Glad you got the outcome you deserved -
Crappoman can you please point me to some info of the legal responsibility we have with the van been under 3.5 tonne. I've been looking and can't find nothing only for over 3.5 tonne. We have been stopped a few times and never had to produce any driver times or such so we don't ever log it, but maybe we should start. Its a Nissan nv200 van and we are electricians.
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I'm not going to get into a tit for tat argument as it has no benefit to the case at all. What we do no is that it is impossible to no who is driving a vehicle at every minute of every day with it all logged. We drive a lgv Nissan van with no tacho therefore the paperwork to do such a task is simple unfeaseable hence why I asked if you have ever run a small company. Now on the argument of legality we simple shouldn't of been speeding but like I said I don't live in a perfect world. Now on the receipt side, yeah I actually can get the receipts if you think that would help us? I a also requested the photo because we simply could of identified the driver from the cargo been carried. Once we got the picture we identified it to be my father, he would of simple done the speed awareness course and job done. We were just simply trying to make the task easier for us and not risk illegally naming the wrong driver.
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Have you ever run a small company before ? If you have, you will realise that we have a little more to worry about than who was driving at that particular time. The notice come 4 weeks down the line and we travel a average of 50,000 miles a year. We traveled 300 miles round trip to get there and another 50 back and forth to the suppliers and drove by the said camera at least 5 times each. We have health and safety, cosh, quality of work and customer service to worry about not who was driving at that exact time. Can you remember what you had for dinner at work 4 weeks ago? We wanted the photo because I was once charged for the dart charges with a car that clearly wasn't mine so I will never pay anything without it been proved first. So if you want to dismount that high perch and give a little constructive critasism rather than make assumptions it will be appreciated Jay
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Thanks for the reply, we need to show we did even more than I mentioned.
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Yeah raykay we asked for the photo to identify the driver, we gave the info of who the possible ones were but needed the picture as we weren't sure which one it was.
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Thanks for the reply ericsbrother, bummer so its a day off work and go there then. They are prosecuting for saying we wouldn't supply name of the driver, but without the photo we were unable to do so as we were up and down the road several times that day. I wish my mother had kept the receipt for posting mate, because I agree we are going to need a paper trial. I thought after our statement it would be dismissed as well with them not providing the photo. We do have there correspondence tho from there side that will show we were in communication. I just printed the sar off for him, he signed it sent a cheque with his business name on and signed for it, but they are saying he needs to supply his driving license and utility bill. do we have to supply further evidence as in a witness statement closer to the time or do we just turn up at court with the letters?
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