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peregrine2

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  1. should the oc have paid the refund to me? by the sounds of it, the balance continues, only just unenforceable. i would have thought the bal would have been written off?
  2. ok, bit more info i should have stated. The claim was started within the 6 years stat limitation. the hearing was after 6 years had expired and so was the strike out. It is now 8 years past default notice, and i have not heard anything since strike out for 1.5 years. surely another claim for the same terminated account is time barred, even if they change the amount to a lesser amount. the issue is the oc bank has written to me stating i am due a refund of wrongly taken charges and interest FROM 2011 and have applied the refund to the os balance, which is with the purchaser company who was struck out. The oc say they have informed the purchaser of the revised balance, which means the claim against me by the purchaser was for the wrong balance. surely this does not mean they could use this balance for a new claim 8 years later? this smells like a trick.
  3. Hi, if a terminated credit card claim has been struck out by the court, appealed and lost (ie still struck out) - is the balance therefore zero? Can a 2nd claim for the same card (terminated>6yrs ago) be presented against me for a different amount.
  4. ok, but any witness statement I draft will be so sparse it can't refer to anything, apart from what I remember when I applied for the card. Im about to read some of yours, which I have done so in the past with great success. Its just that in this particular case I have felt I don't have enough for a meaty ws. Apologies for looking at avenues, but am genning up (i think thats the expression)
  5. Thats not the full particulars of claim. That is a summary. Particulars must have copies of documents they intend to rely on, and which are mentioned in the particulars. Where is a copy of the default they are relying on (as mentioned on the claim). What agreement provision has been broken? What are the detailed pleadings? CPR 16 (3.2) states these must be sent within 14 days but not later than 4 months after the date of issue of the claim form. Clearly this CPR would be redundant if the "particulars of claim" on the claim form was sufficient. The CPR is for the detail, taking into account that bulk filing online is not sufficient. As regards your "puzzlement" I am still learning, and with other claims I did not know the infr which I have just found and posted, Likewise, puzzled as to why you didn't mention this in your responses. ;-)
  6. OK, this is what has been missing from the Claimant: The particulars of the claim are missing. Claims under the Northampton bulk centre are restricted and produce poorly and sparse drafted claims so the following applies. CPR 7 PD 7C states (1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim form but the claimant must in the claim form – (a) state that the particulars of claim will follow; and (b) include a brief summary of the claim. (2) Where the claimant serves the particulars of claim separately from the claim form pursuant to sub-paragraph (1), the claimant must – (a) serve the particulars of claim in accordance with rule 7.4(1)(b); and (b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant. (3) The claimant must file the particulars of claim at the court to which the proceedings are sent under paragraph 1.3(2)(e)(iii) or (f) within 7 days of service of the notice that the proceedings have been sent. Points must be pleaded if a claim is to comply with CPR 16. What is more frustrating is when you ask for documents under CPR 31.14 the claimant would say that they haven’t mentioned the documents in the pleadings so under CPR 31.14 so I cant have them. This leaves me facing having to apply for an order and paying exorbitant fees for the application.
  7. To be fair, I know who you are talking about, and unfortunately its not him. I say unfortunate, but (and not mentioning names) I have read his cases which are pretty good. I do have the same sentiment as you, though, about my "expensive" advice.
  8. whats a CCA request - is it for the agreement is it? ooh , I have to check if I filed a cpr 31.14 request - is that the one i sent £1 postal order with
  9. Ok, in the same para it says Witness statements to be included in the documents. The point is not so much the witness statements is their documents. The documents have info on them that may be arguable. If "new" info is introcuced it does not give me much time. eg : interest rates, missing criteria required under cca 1974, default notice dates,. Any of these can be produced at any time.
  10. As I said above, witness statements to be exchanged 14 days before the hearing. also, and I dont think anyone is getting my point, but Because of the sparseness of their claim, if they produce more info in their exchange of documents that I have not seen before, I may need to change my defence and witness statement (I know I already filed a defence..re post above....) . eg If they produce a signed agreement. I cannot respond to NEW info on the same day I see it in their bundle. That is why there should be a time delay between me receiving their documents they intend to rely on so I can have time to formulate my argument. You said they play dirty tricks, so the only way I can see is to file an application requesting what I am saying above.
  11. 12th November I can put an application in expressing my inability to defend and need their file. Otherwise I will be ambushed on the same day I have to file
  12. I dont have a scanner, but this is what it said. The document from the court starts: Before Judge.... "Having considered the papers in your case, the court believes your case is suitable for mediation" Then Blah Blah about Mediation Then: 1) This claim is allocated to the small claims track and refers us to part 27 CPR 2) The Hearing Will take place on ..th November 3) From the available papers hearing will take 3 hours 4) Parties are encouraged to settle 5) Following paras set out Judges directions 6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than fourteen days before the hearing. 7)Original documents must be brought to the hearing 8) Unless the claimant does by 4pm on .th Nov.. pay to the court the trial fee of £355 or file a properly completed application for help with the fees, the the claim will be struck out with effect from .th Nov... without further order. Then Blah Blah about fees the problem I have is if the claimant give me their bundle 14 days before the hearing it will not give me enough time to address a proper witnes statement and maybe amend my defence. As I have said they have only sent fake agreements, notices of assignment and copy statements (with no interest rates on). I need to request the claimant to give me its bundle well before the fourteen days, so I can get my witness statement in. I have asked the claimant and they will not reply, so that leaves me to put my point in an application
  13. No other info. Just received an order of the court date and the claimant must pay the fee and documents to be served on each other 14 days before. But I have very little info apart from the notices of assignment and the fake agreements. I haven't made an application. Why would the judge lift the stay? I haven't received any application from the claimant. Should I file an application requesting the claimant file its case ASAP so I can adequately prep a witness statement.
  14. yes, just the first one. The second link is just general comment re Halifax HBOS. The claim has reared its ugly head since the first link. Claim hearing coming up in 5 weeks after being stayed all this time. Not had any particulars or witness statements or default notice from claimant at all yet. They declined to respond to my Part 18. What is the moonies?
  15. okeey dokey, The OC is Halifax and the claimant is 1st credit I have not been adequately able to defend properly as the claim pleadings is too spares. They say they have given me true copies of my agreement, the second one being at the point of default. The OC are different on each agreement (first = Halifax, second=BOS) They have cobbled notices of assignment and some statements that dont even start with the same credit card number....its totally different BUT they show a tiny balance (pence) going from old as c/f and showing b.f on the new. This changeover is 2 years after they say the card started (agreement date) but they are claiming on the latter card number. also I cannot find any statements on the previous card number they show. They have not yet produced a default notice.They think it defaulted many months after the date on the one I have. Their statements also do not show the interest rates but on the statements i found it shows all (APR, bal TFRs, purchases cash etc)and none relate to either agreements. Thats it
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