Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #101

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    What date must you submit your witness statement in response by...have you been given a hearing date?

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  2. #102
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    No court hearing date yet - just realised I'm not bound by Shoosmiths demanding I reply to *them* by a set date am I? Duh!


  3. #103

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by LordSuggs View Post
    No court hearing date yet - just realised I'm not bound by Shoosmiths demanding I reply to *them* by a set date am I? Duh!
    I assumed you already knew that hence I asked have you a hearing date.....dont respond to them at all until your ready to submit a formal response as advised by the court

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  4. #104
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Gotcha. Thanks Andy


  5. #105
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by Andyorch View Post
    I assumed you already knew that hence I asked have you a hearing date.....dont respond to them at all until your ready to submit a formal response as advised by the court
    I've received a date for the court hearing - 3rd September. No request for a formal response in the paperwork yet


  6. #106

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    There is ...its on page 2 of the N244icon which you didnt uploadicon...all responses (Witness statement) must be submitted not less than 7 days pre hearing

    Follow the following thread.....exact same stage as you.....application for strike out/summary judgment

    https://www.consumeractiongroup.co.u...-later../page3

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  7. #107
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by Andyorch View Post
    There is ...its on page 2 of the N244icon which you didnt uploadicon...all responses (Witness statement) must be submitted not less than 7 days pre hearing

    Follow the following thread.....exact same stage as you.....application for strike out/summary judgment

    https://www.consumeractiongroup.co.u...-later../page3
    That's brilliant - thanks Andy. Have had a look at the thread - I'll get this drafted up this week


  8. #108
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Hi all. Thanks to your advice I've put together a first draft of my defence. I found it a bit tough to do but I've had a go at each point made by the Claimant. I'd appreciate any feedback or suggestions.

    Attached Files Attached Files

  9. #109

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    post it here as text in a msg box so we can edit

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  10. #110

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Probably best to keep it as a PDFicon DX then only members can view.

    You have a few issues of switching between section 77 and then 78...loans are section 77...remove all references to section 78.

    Not sure what the following means....?

    Response to the Defence
    Indebtedness to the Claimant
    12 Acknowledged


    22 - 23 Noted but denied. The documentation received appears to be a selection of templates with
    dates added to pa out there bundle...should state pad.

    Apart from that I couldn't have drafted it any better...although it does look familiar

    Dont forget your headers and date your statement of truth.


    Andy

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  11. #111
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by Andyorch View Post
    Probably best to keep it as a PDFicon DX then only members can view.

    You have a few issues of switching between section 77 and then 78...loans are section 77...remove all references to section 78.

    Not sure what the following means....?

    Response to the Defence
    Indebtedness to the Claimant
    12 Acknowledged


    22 - 23 Noted but denied. The documentation received appears to be a selection of templates with
    dates added to pa out there bundle...should state pad.

    Apart from that I couldn't have drafted it any better...although it does look familiar

    Dont forget your headers and date your statement of truth.


    Andy
    Cheers guys - finding the right places to insert your original paragraph was the toughest challenge

    Re Section 77/77 - the Shoosmiths doc references section 78 requests specifically in 3 places that I can spot. Do I need to address that?

    12 Acknowledged - was in response to the paragraph "12 It is noted the Defendant neither admits nor denies he is indebted to the claimant"

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  12. #112

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Re Section 77/77 - the Shoosmiths doc references section 78 requests specifically in 3 places that I can spot. Do I need to address that?


    This is a loan......section 78 is for credit cards.

    We could do with some help from you

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  13. #113
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Ok thanks - all changes made - I've attached just the pages from their Witness statement and my updated statement. If no-one can see anything else to add/amend, I can send this out next week.

    Cheers fellas.

    Attached Files Attached Files

  14. #114

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Hi Lord


    A tiny point but, 'there bundle' should read 'their bundle'.


    Good luck.


    Vic x


  15. #115

    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    You could slot the following in after your opening paragraph.....see if the judge picks up on it.?

    It is noted that the case handler responsible for the draft of the claimants witness statement confirms that the evidence from his/her own knowledge derived from his/her conduct of this action and from documentation supplied to him/her from the claimant.It will be expected that this person will be in attendance to orally give this evidence or give notice pursuant to Section 2 of The Civil Evidence Act 1995.
    and CPR33.2 (b) giving the reason why the witness is not in attendance.

    The rest is okay

    We could do with some help from you

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  16. #116
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by victoria_siempre View Post
    Hi Lord


    A tiny point but, 'there bundle' should read 'their bundle'.


    Good luck.


    Vic x
    Nice spot. Thanks Vic


  17. #117
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by Andyorch View Post
    You could slot the following in after your opening paragraph.....see if the judge picks up on it.?

    It is noted that the case handler responsible for the draft of the claimants witness statement confirms that the evidence from his/her own knowledge derived from his/her conduct of this action and from documentation supplied to him/her from the claimant.It will be expected that this person will be in attendance to orally give this evidence or give notice pursuant to Section 2 of The Civil Evidence Act 1995.
    and CPR33.2 (b) giving the reason why the witness is not in attendance.

    The rest is okay
    Great addition - all added in. Thanks for your help Andy


  18. #118
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    If you have time you should try and make a court familiarisation visiticon



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  19. #119
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Quote Originally Posted by BankFodder View Post
    If you have time you should try and make a court familiarisation visiticon
    Many thanks for the link - unfortunately I'm not going to be able to get time off to go this week I've set aside all weekend to reread everything and make sure I'm prepared for Monday.


  20. #120
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    Default Re: old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform

    Hi all - Court date tomorrow. I've been rereading every thread I had bookmarked that you guys have sent me (Andy's advice to Potman here has been invaluable in understanding the deficiencies of their paperwork for the last 5 years) and ensuring that I have a clear head as to my arguments. Bit of a step into the unknown for me, but thanks to you guys I'm as prepared as I could be.


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