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1st credit/Moon Beever, Claimform - old M+S Credit Card - prob SB'd***Claim Dismissed***


Whatnot
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can i ask a few questions regarding claimant witness statement please?

 

1.A s i (we) entered only the SB defence does it mean i can no longer ask about documents relating to the case, ie assignments credit application form ect.. as the WS (claiment has mentioned these..

 

2. Is a microphese copy Small as it is constitute a true and real document?

 

3. the Credit application is dated January 2007 with a default with a default date of Dec 2008 is that date SB as if no payments on account can substantiated? ie proved/

 

I wrote and asked for the original credit source of the contended payments with no clear answers, how do i bring this to the attention of the court?

 

4. if the assignment were to came from anoyher debt company do i not need these assignments as well?

 

5. how do i defend the costs and interests of the claimant? please?

 

Many thanks

Whatnot..

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its statute barred, that starts from her last payment + say 1 or 2 mts.

 

 

and as that was mid 2008, well SB'd.

nothing to do with any default date.

 

 

as for the agreement documentation

its immaterial if they do produce anything.

matters not to your SB defence.

 

 

unless they produce something that claims she has paid within the last 6yrs or signed a letter to someone regarding the debt.

 

 

let andy comment too.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You can challenge anything you wish within your witness statement and put them to strict proof...as with regards to costs no need to as they only get them if they win...same for the interest.

Although as DX states its irrelevant if its statute barred.

 

Regards

 

Andy

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Yes its called a supplemental WS and you normally request the permission of the the opposing party and must submit no less than 3 days.

We could do with some help from you.

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  • 4 months later...

Hi Andy, all,

 

update on case,

after a subsequent hearing today in relation to SB payments

the first line of our defence was thrown out,

due the probability the payments the claimant had on file were those of DCA in respect of M&S ..

 

 

2nd line of defence unenforceablity case for the defendant,

on the grounds of no evidence of a default notice served,

no copy and claimants blank template notice insufficient document and unsatisfactory, case dismissed!

 

NB Judge also made mention of the assignment notice,

and copy of contract but was only directing on the two grounds at issue today,

SB and Default as set out in previous hearing of January 2015.

 

Thanks for all your help folks,

to all facing court,

know your rights,

speak up for your self,

don't be afraid of the system,

it works with you not against you..

Whatnot..

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hey GREAT result

 

 

dx

 

 

 

 

 

 

 

 

 

 

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Please help.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Well done Whatnot

 

Sounds like you had a decent District Judge there with good knowledge of the CCA1974.

 

Delighted that this has been resolved for you....and will amend your thread title to reflect so.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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