if a court case has been started then the solicitors cannot put case on hold they know that, follow any court instructions

you cant ask for a DN under a section 78 CCA request.

I am confused

the court have only ever sent me a letter to say defended claim and DQ.

They did not ask claimant to provide any documentation before going to court,

i have 4 days left before court and have no idea what my main problems with this case are,

what my defence is

and what i need to say to prove that they have not fulfilled their obligations to bring this claim

you cant ask for a DN under a section 78 CCA request.

I assume I asked for DN with CPR 31.14 ,it was their response that quoted s78 cca

I assume I asked for DN with CPR 31.14 ,it was there response that quoted s78 cca

So obviously they dont know what they are referring to ...just get on with finalising your witness statement and disclosure of documents.

ok here we go...

only thing I can see is the dn you've hidden the date of issue

..we need that.

..

Notice of default dated 8/9/13

Any pointer from you knowledgeable people please .

What are the main points i need to make or dispute?

I dont want to go in an look like a fool and my case torn to shreds.

I know this site has a great record against these sort of clams and am grateful for advice and help

Do i need to print off S78 CCA and CPR 31.14 any others ?

Do I need to make reference to claimant relying on probability that debt is mine as heard they use that a lot.

i will be attempting final write up tomorrow

I know this site is busy but this is my last chance to ask for your help as tomorrow I will only have 24 hours left before court

Were you asked to supply a supplementary WS?

If not. You've already filled earlier

Then all the points you make are simply notes for you poss a skeleton arguement

Yes I was asked to write a W.S. when it was allocated to local court.

so I need to re do skeleton argument today.

from what I can gather a skeleton argument is a list of my main points.

my post on page 1 is a skeleton argument that needs neatening up.

My W.S. was sent to court before I received claimants W.S.

(as the sent it to me 14 days before court date )

With the claimant W.S. i received the

alleged DN,

CCA,

Statement and notice of assignment

first I had seen of these documents (except CCA) had asked for documents 6 months ago

I need to re do skeleton argument today.

from what I can gather a skeleton argument is a list of my main points.

my post on page 1 is a skeleton argument that needs to be redone

Which post number are you talking about please, shopaholic?

HB

5th from bottom

the one that starts

I have given my head a wobble and gone through the statement of truth.

Please feel free to tweak amend etc.

have gone through Lowell W.S.

They repeat themselves a lot .

From what I can see its lowell saying my defence is rubbish and they have done what is needed to bring claim and for me to pay.

me saying my defence is not rubbish and this is why its not rubbish

furthermore my defence proves you have not fulfilled the requirement to bring this claim nor payment of alleged debt

Well thats basically what your witness statement should achieve.

I think it does.

Wish i had done some more research before doing my W.S.

It was difficult as many of the documents I had asked form Lowell had not been sent to me by the time I had to do my W.S.

I did not received the bulk of documents until I got their W.S.(14 days before court date )

Today is D day any last minute advice ?

Best of luck and lets hope you get a decent District Judge...please update your thread...good or bad.

Regards

Andy

Thank you and of course I will update later

Update.judge dismissed case as they hadn't signed their W.S. So they couldn't give evidence. My question is can they take me to court again for same claim?

Excellent well done Shop.....they could try but require permission from the court to litigate on the same matter thats already been dismissed.

Thread title amended to reflect the outcome.

Regards

Andy

wow that picky!!

wow that picky!!

yes Judge was on it straight away.She made it clear that they had not followed judges directions and had no valid reason for not following them.

nice to see the judge lottery pendulum swing and hit a DCA for a change.....