cheers, i've been reading s87 and 88 this morning.....I have referred to this is in witness statement and will research more to provide hopefully a stong argument........I'll adjust the WS today accordingly and re-post tonight....thanks for your help DX

the deadline for submitting WS and exhibits is 4pm on 4th May......Should I wait until the 3rd before sending Moriarty and the Court them (next day special delivery?)....So far I haven't received any Witness Statement from Moriaty

the witness statements from both parties have to be submitted by the 4th (this friday)...I haven't received a witness statement from Moriarty yet, and want to ensure the court receive my WS before the deadline....is the above Witness Statement good to go?.

If you can hold a little longer..will try to run through the thread properly before Wed.

Andy

no probs Andy, I can send ws and exhbits to moriarty and the court by special next day delivery if need be

Statement in post#49 edited

Statement in post#49 edited

Thanks Andy, I've been following with interest the current thread (bw legal/lowell/vanquis) https://www.consumeractiongroup.co.uk/forum/showthread.php?486774-BW-Legal-Lowell-Vanquis-Court-hearing-in-2-days-received-witness-statement-only-this-week!-What-should-I-do/page4 and noted your indepth skeleton statement , in particular the s87 default notice paragraph with case law....Would it be worth including that part (tailored) to my witness statement?.....kind regards

You could possibly refer to the case...keep it brief though you have amply covered the requirement above with regards to the necessity of a valid Default Notice....and implications of not serving one.

thanks ....ok, wil send of the witness statements to the court/moriarty later on today.....thanks for checking it all for me, much appreciated!

A quick thread update..

.. Witness statements/exhibits all sent off & received in time....

.I received Moriarty's WS and exhibits on the 4th May.

They certainly cut a few trees down to form that bundle of paperwork!...

.page after page of stuff about how the claimant took on the assets of Cash Genie and their deeds of assignment, but absolutely no mention of any default notice..

..A few of their dates don't tally up either....Lots to pour through, but hopefully can extrapolate the pertinent info for the hearing on the 6th June

If you could upload their statement and pertinent exhibits ...redacted of course.

Andy

their WS redacted with relevant pages

witness statement.pdf

No DN - fatal to their claim

No DN - fatal to their claim

Not necessarily...depends on the DJ on the day and his interpretation....if the claimant can prove issuance

Not necessarily...depends on the DJ on the day and his interpretation....if the claimant can prove issuance

Andy, re. highlighted bit....hasn't it gone past the stage where they have the chance to prove issuance?.....I also checked my credit file, there is no corresponding DN on file

I suppose they have in reality...there is no reference to a default notice within their statement...apart from the paragraph 6 which refers to penalty charges being applied...no reference to section 87/88 of the CCA1974.

Paragraph 7 makes no sense at all.

Paragraph 8 again refers to fail to pay again and this time it was assigned ?

You will note the claimant has no intention of attending the hearing CPR 27.9 (1) and will solely rely on that load guff as their evidence...heaven help us.

Andy

The hearing is this coming wednesday and I'm increasingly anxious as the date approaches.....Can anyone offer any tips/advice for the hearing itself, i.e can I take notes in with me etc....I'm naturally hoping that I get a judge who sees that Moriarty's lack of default notice is fatal to their claim, but in light of a unsympathetic judge, will I be allowed to take in a copy of S87 of the credit act to refer to as my argument for dismissal relies upon this?......thanks in advance......another question, having had time to look through their witness statement in detail there are a couple of bits that I'd like to challenge, would I be able to do that on Wednesday (in particular a couple of their exhibits look to be copy and paste generic documents)

The hearing is this coming Wednesday and I'm increasingly anxious as the date approaches.....Can anyone offer any tips/advice for the hearing itself, i.e can I take notes in with me etc....Yes you should have your file anyway with statements and disclosures?I'm naturally hoping that I get a judge who sees that Moriarty's lack of default notice is fatal to their claim, but in light of a unsympathetic judge, will I be allowed to take in a copy of S87 of the credit act to refer to as my argument for dismissal relies upon this? Again yes...did you not attach a copy as part of your exhibits/witness statement ?......thanks in advance......another question, having had time to look through their witness statement in detail there are a couple of bits that I'd like to challenge, would I be able to do that on Wednesday (in particular a couple of their exhibits look to be copy and paste generic documents)Verbally yes.... take copies and make notes of the discrepancies.

Best of luck

Andy

Best of luck

 

Andy

 

thanks Andy.....yes, I've got copies of all documents I've sent/received ready to go......I didn't send it a copy of s87 as an exhibit but did refer to it at length in the WS, and finally thanks, I will circle relevant parts of their WS descrepancies should I need to refer to them.....I am nervous but am determined to stay calm and focused!

Understandable your anxious and nervous having never been through the process... but believe me you will enjoy it.....it will go so fast and sometimes if your on the losing side you always come out thinking wish i had of said this and that...stay focused..dont miss or waste your opportunity.

Finally yes take a copy of sec87.

Andy

and no 'little chats' before you go in with the fleecers

smile and walk away

Good luck,

,I was in the exact same situation with the same claimants - no default notice, invalid Notice of Assignment, wasn't clear about how they arrived at the figures claimed, didn't show up (they said they wouldn't) so just me and the judge - no need to have to argue with someone else/be intimidated by them. I emphasised that the House of Lords has said in the past that for a company their size there is no excuse not to have all the paperwork and also there is a legal process that must be followed - they have legal responsibilities they must follow it's not just about any figure that might be owed.

and no 'little chats' before you go in with the fleecers

smile and walk away

thankfully, they're not turning up!

Good luck,

,I was in the exact same situation with the same claimants - no default notice, invalid Notice of Assignment, wasn't clear about how they arrived at the figures claimed, didn't show up (they said they wouldn't) so just me and the judge - no need to have to argue with someone else/be intimidated by them. I emphasised that the House of Lords has said in the past that for a company their size there is no excuse not to have all the paperwork and also there is a legal process that must be followed - they have legal responsibilities they must follow it's not just about any figure that might be owed.

thanks for your post...I've been reading your thread with interest and I've spotted something that I missed...their Notice of Assignment is also possibly invalid, yes there's an account reference, but that's it, my name and address doesnt appear on it and its looks pretty obvious that it's a copy and paste job as there's hyperlinks left in it and no letter headers/signatures and the date is out by 2 weeks to when they 'claim' they sent it..........Hopefully I'll be granted the chance to comment on this at tomorrow's hearing if it's needed.

Best of luck tomorrow newdad...please update your thread at your convenience...good or bad.

Regards

Andy

claim partially upheld......

....last minute change of judge.....

..the judge was only interested whether or not I took out the loan.

..not really interested in anything else, viewing it as trying to 'fudge the issue on technicalities'..

....however, she admitted that my defence and arguments were well presented and well researched however it didn't take away the fact that the debt was owed.

....I tried to argument the main point being no default notice issued so under s87 they couldn't enforce until default notice served..

.She agreed with that and in light of that stated that the original loan amount is due (£200) plus £25 court fee, but she will waive all interest charges and their legal costs.....In essence I had an interest free pay day loan over 3 years....lol..

....I'm disappointed that I didn't win outright but feel good about how I represented myself and the 'grudging' praise from the judge

.....An important note though to caggers going through similar claims,

DONT RELY ON NO DEFAULT NOTICE - NO CASE,

it's not as straight forward as I found out...

A final snippet I gleaned from her is when solicitors act on behalf on a debt collector, send the CCA to the solicitor not the claimant/original creditor as she said she's seen cases like this and in her opinion, advise got from and I quote 'online forums' regarding CCA requests isn't necessarily correct.....forewarned is forearmed guys!