has to be with the court 14 days before hearing date

email to them with your case number in subject line

3 copies 1 court, 1 claimants you don't need to sign or put any address/email/phone numbers on this one, and one for yourself

shouldn't be emailing WS to the court

dx

apologies if I got that wrong

7 days on an application to SO/SJ

Hi

Any more feedback on my WS?

They have offered a tomlin agreement for the full amount.

Well you have stated you need to avoid getting a CCJ...its your choice to proceed and gamble or accept the Tomlin Order.

This whole thing is just a big game isn't it with these rectums!

Driving me nuts.

What an immoral way they have of making money these people...

Do you think I have a case?

Looks like they want to go to court 100%.

Offered £10 a month and rejected as well as the £1800 settlement.

Guys if I lose and get a CCJ, what is the next step for Restons to try and get money off me?

Also they are now saying to me on the phone that why did it take me so long to offer settlement,

I said because they never replied to my CPR request for the evidence outlined in the claim form.

The first I saw the evidence was in the witness statement they sent me (6 months after the initial claim!).

Will this help my case if I highlight this?

If you lose and the judgment is forthwith you will have a short time to pay the balance in full (no CCJ Registered) or submit an n245 to vary it to monthly payment (with CCJ registered)

Can I still offer a partial settlement after the court date?

Can I still offer a partial settlement after the court date?

Already answered...see post #187

you case is quite strong if you word your WS correctly.

the paperwork is a cut n paste jobby and rectums have lost on this before

Right, Im on it this weekend.

If the case is Feb 5,

it means I have about a week to nail this WS to get the response in 7 days before the hearing.

I will post a much updated version on Sunday morning.

Really appreciate everyone help so far.

Guys do I definitely have until 7 days before the hearing to submit my WS - and do I submit by post? (so do I have to post 2 days before 7 days up)

double check any directions, otherwise its standard as per cpr.

is it small claims, usually 14 days

post 204 refers

ok, delete my post there.

Can someone tell me how I should be delivering my Ws to the court and the claimant?

Is it through MCOL?

Do I have to physically deliver the copy to claimant or can I email to them?

It is due Monday 7 days pre hearing.

Hand deliver to the court and yes you can email to the claimant

I assume the deadline is the court date and time minus 7 days

can I physically drop the WS to the court on Monday morning?

Do I just print the WS off or do I have to submit any forms with it?

You need to add headers ...County Court xxxxxxx Claimantxxxxxxxx v Defendantxxxxxxxxx Claim Number XXXXXXXX and finish it with a statement of truth ...dated.

Can someone help me understand my rights on mediation?

There has been no mention of offer for mediation in the case.

Can I request it?

Or does the fact that Reston have never offered mediation become a point to argue?

Feedback and other cases to reference would be much appreciated!

I XXXX, being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application for Strike Out/Summary Judgment in view of my defence submitted to the claim dated XXXXX pursuant to CPR 24.5 (1) a&b.

1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. The court should be aware that the Defendant has offered a fair Settlement on several occasions over the past month which have been refused by the Claimant. The court should also be aware that on a number of occasions the Claimant offered the Defendant reduced settlement offers including one on the XX XX of £XXXX which was rejected by the Defendant. The Defendant therefore believes the Claimant is not interested in settling this matter and has forced this case to go to court.

3. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed for example 10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. Then the Claimant issues claims to circumvent and claim the full amount of debt to maximise profit.

4. Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and MBNA. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity by way of a section 78 request.

At the time of submitting my defence the claimant was in default of this request and unable to comply with this request and was therefore unable to proceed and enforce the claim or request any relief.

5. The court should be aware that a CPR31.14 request was issued to the Claimant on 24 April 2017 and is included in exhibit 1. The Defendant received no response to this request from the Claimant and the first time the Claimant saw any of the items outlined in the Claim particulars was in the Claimant Witness Statement that was submitted 6months later.

6. The claimants witness statement confirms that it mostly relies on hearsay evidence stated as their ‘Case Management System’ as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

7. On 20 April 2017 I received a Court Claim Form stating that Arrow Global Guernsey was requesting the sum of £7,984.39. On 24 April 2017 I made a written CPR 31:14 request to the Claimants solicitors, Restons Solicitors of address Trinity Chambers, 800 Mandarin Court, WS11GG, requesting that the Claimants Solicitors provides copies of all documents mentioned in the statement of case. (EXIBIT A)

8: On May 12 2017 I received a letter [EXHIBIT B] from the Claimants Solicitors stating they did not have to provide the required evidence of Claim particulars.

8. On August 30 2017 I received some documentation from the Claimant Solicitors including what was referenced a ‘Reconstituted Copy of the default notice served upon me’.

9. on November 13 2017 I received a witness statement from the claimant. The claimant still has not provided a signed agreement or any original documents and instead provided an unsigned agreement and some screen captures from a computer.

10. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

11. In response to the claimant’s witness statement dated November 13 2017 I will respond and refer to each paragraph as numbered including any exhibits.

12.The Copy of Agreement and terms and conditions JEB1 are nothing more than unsigned copy of an agreement with the claimant’s name and address printed at the top and have no insight into whether there was ever an agreement.

13. In Exhibit JEB1 the defendant shows a photocopy of what looks to be a screenshot from a computer that does not show any agreement made between the claimant and the defendant.

14. In Exhibit JEB1 the defendant shows a photocopy of what looks to be a screenshot from a computer screen that the defendant argues is illegible

15. In Paragraph 2 the claimant notes they include ‘A copy of the credit agreement signed by the Dedendant on 24 September 2008, together with the Terms and Conditions embodied in the agreement’.

The court should note that as per Section 60(1) A regulated agreement is not properly executed unless—

(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b)the document embodies all the terms of the agreement, other than implied terms, and

©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

The defendant disputes the statement this credit agreement was signed by the Defendant as there is no signature on the agreement.

The defendant disputes that the document embodies all of the terms of the agreement.

The defendant disputes that the document is in such a state that all its terms are readily legible.

The defendant notes that the copy of the agreement has been doctored using black pen, and the tick box in the agreement has been doctored using black pen.

Therefore the Claimant has failed to show a valid credit card agreement showing that the claimant owes Any money to the defendant/assignor.

12. Exhibit JEB4 looks again to be a print out from a computer Spreadsheet with a summary of transactions with the company MBNA but still fails to show any agreement or anything valid that shows there was an agreement in the first place.

16. The claimant made the request under s.78 of the consumer credit Act 1974 and under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the document(s) mentioned in your Particulars of Claim. The defendant has yet to see any valid documents showing that any monies are owned to the claimant.

17. The claimant has not addressed the fact that they have not complied with the requests for the credit agreement the defendant requested as soon as they were made aware of the claim being issued.

18. Paragraph 3. The claimants states the debt was assigned to its claimant on or around the 7 August 2012 and includes in Exhibit JEB2 a copy of the Notice of Assignment

The claimant is put to strict proof to evidence further the Notice of Assignment is a true copy or possibly disclose the Deed of Assignment as to verify its authenticity.

The claimant is put to strict proof this Notice of Assignment was served on the Defendant on or around the date shown.

19. Paragraph 3 and Exhibit JEB 5 claim the defendant has failed to make contractual payments under the terms of the agreement and that a default notice was served upon the defendant pursuant to S.87(1) CCA. It evidences this fact by way of a copy of the default notice which is not proof nor valid pursuant to section 87(1) of the CCA1974. It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1). Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement.

The Defendant has no record of receiving such a notice. The claimant is put to strict proof to evidence further the Default Notice is a true copy.

The Claimant refers to a ‘Copy of the Default Notice’ however in a previous correspondence the Claimant refers to a ‘Reconstituted copy of the Default Notice’.

The claimant is put to strict proof to further evidence and verify the service of the above.

20. Paragraph 4 - The Defendant includes a breakdown of all transactions in Exhibit JEB4. The Defendant disputes this article is a true transaction log, it is shown as an excel document and could have been created from scratch on any computer.

21. In my respectful submission, the claimant should not succeed because:

1. The Defendant did not sign the credit agreement that the Claimant has provided evidence of

2. The copy of the credit agreement provided has been doctored with black pen

3. The provided credit agreement does not include the terms and conditions

4. The Defendant never received the included notice of assignment

5. The Defendant never received the included default notice

6. The claim was not adequately particularised

Application to strike out/Summary Judgment

22. Paragraph 11 should be denied. I believe I have every opportunity in defending this claim successfully and it should be allowed to proceed to trial. The claimant is put to strict proof to respond as to why it presumes my defence has no reasonable grounds for defending given that all its exhibits are questionable or invalid with the current legislation.

SMALL UPDATE MADE: Feedback and other cases to reference would be much appreciated!

I XXXX, being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application for Strike Out/Summary Judgment in view of my defence submitted to the claim dated XXXXX pursuant to CPR 24.5 (1) a&b.

1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. The court should be aware that the Defendant has offered a fair Settlement on several occasions over the past month which have been refused by the Claimant. The court should also be aware that on a number of occasions the Claimant offered the Defendant reduced settlement offers including one on the XX XX of £XXXX. The Defendant therefore believes the Claimant is not interested in settling this matter and has forced this case to go to court.

3. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed for example 10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. Then the Claimant issues claims to circumvent and claim the full amount of debt to maximise profit.

4. Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and MBNA. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity by way of a section 78 request.

At the time of submitting my defence the claimant was in default of this request and unable to comply with this request and was therefore unable to proceed and enforce the claim or request any relief.

5. The court should be aware that a CPR31.14 request was issued to the Claimant on 24 April 2017 and is included in exhibit 1. The Defendant received no response to this request from the Claimant and the first time the Claimant saw any of the items outlined in the Claim particulars was in two submissions of documents to the Claimant in August and October respectively.

6. The claimants witness statement confirms that it mostly relies on hearsay evidence stated as their ‘Case Management System’ as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

7. On 20 April 2017 I received a Court Claim Form stating that Arrow Global Guernsey was requesting the sum of £7,984.39. On 24 April 2017 I made a written CPR 31:14 request to the Claimants solicitors, Restons Solicitors of address Trinity Chambers, 800 Mandarin Court, WS11GG, requesting that the Claimants Solicitors provides copies of all documents mentioned in the statement of case. (EXIBIT A)

8: On May 12 2017 I received a letter [EXHIBIT B] from the Claimants Solicitors stating they did not have to provide the required evidence of Claim particulars.

8. On August 30 2017 I received some documentation from the Claimant Solicitors including what was referenced a ‘Reconstituted Copy of the default notice served upon me’.

9. on November 13 2017 I received a witness statement from the claimant. The claimant still has not provided a signed agreement or any original documents and instead provided an unsigned agreement and some screen captures from a computer.

10. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

11. In response to the claimant’s witness statement dated November 13 2017 I will respond and refer to each paragraph as numbered including any exhibits.

12.The Copy of Agreement and terms and conditions JEB1 are nothing more than unsigned copy of an agreement with the claimant’s name and address printed at the top and have no insight into whether there was ever an agreement.

13. In Exhibit JEB1 the defendant shows a photocopy of what looks to be a screenshot from a computer that does not show any agreement made between the claimant and the defendant.

14. In Exhibit JEB1 the defendant shows a photocopy of what looks to be a screenshot from a computer screen that the defendant argues is illegible

15. In Paragraph 2 the claimant notes they include ‘A copy of the credit agreement signed by the Dedendant on 24 September 2008, together with the Terms and Conditions embodied in the agreement’.

The court should note that as per Section 60(1) A regulated agreement is not properly executed unless—

(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

(b)the document embodies all the terms of the agreement, other than implied terms, and

©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

The defendant disputes the statement this credit agreement was signed by the Defendant as there is no signature on the agreement.

The defendant disputes that the document embodies all of the terms of the agreement.

The defendant disputes that the document is in such a state that all its terms are readily legible.

The defendant notes that the copy of the agreement has been doctored using black pen, and the tick box in the agreement has been doctored using black pen.

Therefore the Claimant has failed to show a valid credit card agreement showing that the claimant owes Any money to the defendant/assignor.

12. Exhibit JEB4 looks again to be a print out from a computer Spreadsheet with a summary of transactions with the company MBNA but still fails to show any agreement or anything valid that shows there was an agreement in the first place.

16. The claimant made the request under s.78 of the consumer credit Act 1974 and under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the document(s) mentioned in your Particulars of Claim. The defendant has yet to see any valid documents showing that any monies are owned to the claimant.

17. The claimant has not addressed the fact that they have not complied with the requests for the credit agreement the defendant requested as soon as they were made aware of the claim being issued.

18. Paragraph 3. The claimants states the debt was assigned to its claimant on or around the 7 August 2012 and includes in Exhibit JEB2 a copy of the Notice of Assignment

The claimant is put to strict proof to evidence further the Notice of Assignment is a true copy or possibly disclose the Deed of Assignment as to verify its authenticity.

The claimant is put to strict proof this Notice of Assignment was served on the Defendant on or around the date shown.

19. Paragraph 3 and Exhibit JEB 5 claim the defendant has failed to make contractual payments under the terms of the agreement and that a default notice was served upon the defendant pursuant to S.87(1) CCA. It evidences this fact by way of a copy of the default notice which is not proof nor valid pursuant to section 87(1) of the CCA1974. It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1). Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement.

The Defendant has no record of receiving such a notice. The claimant is put to strict proof to evidence further the Default Notice is a true copy.

The Claimant refers to a ‘Copy of the Default Notice’ however in a previous correspondence the Claimant refers to a ‘Reconstituted copy of the Default Notice’.

The claimant is put to strict proof to further evidence and verify the service of the above.

20. Paragraph 4 - The Defendant includes a breakdown of all transactions in Exhibit JEB4. The Defendant disputes this article is a true transaction log, it is shown as an excel document and could have been created from scratch on any computer.

21. In my respectful submission, the claimant should not succeed because:

1. The Defendant did not sign the credit agreement that the Claimant has provided evidence of

2. The copy of the credit agreement provided has been doctored with black pen

3. The provided credit agreement does not include the terms and conditions

4. The Defendant never received the included notice of assignment

5. The Defendant never received the included default notice

6. The claim was not adequately particularised

Application to strike out/Summary Judgment

22. Paragraph 11 should be denied. I believe I have every opportunity in defending this claim successfully and it should be allowed to proceed to trial. The claimant is put to strict proof to respond as to why it presumes my defence has no reasonable grounds for defending given that all its exhibits are questionable or invalid with the current legislation.

Can someone help me understand my rights on mediation?

There has been no mention of offer for mediation in the case.

 

Can I request it?

 

Or does the fact that Reston have never offered mediation become a point to argue?

Did you/claimant opt for it on your DQ (Directions Questionnaire) ?

Did you/claimant opt for it on your DQ (Directions Questionnaire) ?

Where do I find that? I have never received such a questionnaire?