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Cabot/Restons Claimform - old Halifax Current account OD debt


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Now you must draft your own witness statement in response to their application/WS objecting to the strike out/summary judgment...this must be filed and served not less than 7 days pre 18th May.

 

 

Andy

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Now you must draft your own witness statement in response to their application/WS objecting to the strike out/summary judgment...this must be filed and served not less than 7 days pre 18th May.

Andy

 

Back once more Andy on this as i've started to work on my WS which i need to hand in by the end of this week. I found and used an old one of your own which i added to. I just need some reassurance it actually makes sense and is worthwhile to hand in?

 

If you can please give it a once over when you find that time i'd be most grateful.

 

Thanks!

Witness stat draft2.pdf

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Hi...

 

Yes that was an old one from the archives...now you need to adapt it further to fit with Strike out and Summary Judgment applications.....

 

I would insert the followings points.

 

I ******, 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 xx/xx/xxxx pursuant to CPR 24.5 (1) a&b.

 

1. The claimants witness statement confirms that it mostly relies on hearsay evidence 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.

 

2.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 ...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 issues claims to circumvent and claim the full amount of debt to maximise profit.

 

3. 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.

 

 

The following requires insertion but you will have to edit to fit your claimants WS.

 

Application to strike out/Summary Judgment

 

10. Paragraph 12 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.

 

 

13. Having regard to the above it is respectfully requested that the claimant’s application is denied and the application for strike out/summary judgment is dismissed. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial.

 

 

 

Statement of Truth

 

I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: _________________________ _______

 

Dated: _________________________ _______

We could do with some help from you.

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Thanks for the quick reply Andy.

 

I've copied your suggestions but i'm a little confused on one, what i would like to know is what am i supposed to link the 'paragraph 12' reference too?

 

I have a paragraph 12 on the claimants WS that could fit the description but also not if that makes sense. i'm probably over thinking this but i'm very aware of making a mistake writing this and trying my hardest not too.

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The above is from another posters statement that I had previously drafted.

 

Thats why it states above " The following requires insertion but you will have to edit to fit your claimants WS. "

Basically we are amending your WS ...which is a normal statement you would submit during an normal claim process...you are submitting a statement in objection and response to Summary Judgment application

We could do with some help from you.

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Thanks Andy, i get all of that, what i'm struggling with is what to align this paragraph with in my claimants WS

 

"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"

 

Is it simply a general acknowledgement or does it have to be aligned to a specific claim. I've read the WS a dozen times today already and cant figure which element it would fit

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Well 1/2/3 should be your intro and 10/12 should be your conclusion...your statement is then tweaked to fit a Summary Judgment / Strike Out Application......no need for any alignment

We could do with some help from you.

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:thumb:

 

Thanks once more mate, i really appreciate all the assistance on here.

 

i'll get this printed and handed into the court this week but one last question if i may, do i send a copy to the claimant or not?

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Yes ....but make sure the Court gets theirs on time...2nd class for the claimants solicitor.:-)

We could do with some help from you.

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  • 2 weeks later...
Yes ....but make sure the Court gets theirs on time...2nd class for the claimants solicitor.:-)

 

 

I handed the court their copy in person ten days ago and have posted the claimants solicitor their copy this morning via special delivery so it will arrive for tomorrow. I've been out of the country up till a couple of days ago and didn't want it arriving early as advised.

 

The court date is for Wednesday this week but i have one last question which may or may not sound stupid, do i need to attend in person or not?

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Opps theyll object to that

Yes you must attend else youll lose by default

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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  • 2 weeks later...

Has the court issued a directions questionnaire ? did you attend the hearing on the 18th ?

 

 

Andy

We could do with some help from you.

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And what does the General Form of Judgment/Order state ?

 

Apart from the stay being lifted.

We could do with some help from you.

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And what does the General Form of Judgment/Order state ?

 

 

Stay Lifted

Application to strike out defence is granted and defence struck out

Judgement for the claiment for xxx amount

defence do pay claimants costs

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So you lost...I assume you already knew this from attending the hearing ?

We could do with some help from you.

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So you lost...I assume you already knew this from attending the hearing ?

 

Of course, i just wanted some advice on what happens next as i've heard nothing from the claimant since

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What date is the order....?

 

Can you pay it in full ?

 

Why have you waited so long to post..knowing you had lost on the 18th May ?

 

Do you wish to make a payment arrangement through court ?

 

 

Andy

We could do with some help from you.

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What date is the order....?

 

Can you pay it in full ?

 

Why have you waited so long to post..knowing you had lost on the 18th May ?

 

Do you wish to make a payment arrangement through court ?

 

 

Andy

 

The date is: 23rd May

 

I cannot pay in full

 

i'm sick of it and needed a break

 

I plan to offer £1 per month as that is all i can afford

 

 

Ps, for clarity my court date was 23rd may not the 18th

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