Jump to content

 

BankFodder BankFodder

king100

Registered Users

Change your profile picture
  • Content Count

    502
  • Joined

  • Last visited

Everything posted by king100

  1. only because I have 2 reconstituted agreements from them in their witness statement.
  2. its all the extra costs they are adding to the case. Any help on the supplemental witness statement please, due in Monday Tuesday as hearing next Friday.
  3. They also sent this one, with T&Cs of 2014 with different interest rate of 23.9% Pulling those rates from Section 9 1.Principle Amount 2.Fixed Commencement Costs 3.Interest 4.Hearing Fee Total over £10,500 2014 T+C.pdf
  4. Principle amount claimed now £9300 Commencement £500 More Interest £400 Hearing Fee £350 In the conditions I have Barclays Conditions APR 19.9% then in terms and conditions for that is BCD 662000 dated 22/09/2009 Then another agreement with interest 23.9% with terms and conditions from BCD 6620102 14/08/2014 Its all in the scans. Seems I left out a picture. 2009 as per print out on top of terms and conditions Interest rate of 19.9% 2009T+C.pdf
  5. ok does it make a difference that the claim is now over 10k, started at like 8K and now 2k more.
  6. You got 2007 and 2010, they managed to send me 2009 and 2014 ones.
  7. 1. I further make this statement in support of my witness statement to the claim above. 2. Letter from Robinson Way confirming request of documentation mentioned in particulars of claim dated xx/09/2016 within 14 days, of which none was produced. Exhibit 2. 3. Claimants reconstituted versions, one from 2009 and one from 2014, of the agreement is simply invalid and does not comply with the CCA 1974 in either the giving of information pursuant to the section 78 or the requirements required for enforcement under section 78.6 (b). It is not fit for purpose and in no way is a true reflection of the original agreement. Please note that the reconstituted agreements that the claimant is relying on correspond to Sept 2009 and August 2014, Carey v HSBC does not apply as these are generic random terms pulled from Barclays database and do not reflect the original agreement.Exhibit 3. Any better
  8. ok im going mad but clicking it doesn't do anything when clicked for me. In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it. thats all i can find when clicking the links at the bottom.
  9. (6)If the creditor under an agreement fails to comply with subsection (1)— (a)he is not entitled, while the default continues, to enforce the agreement;F3. . . (b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Whats F3?
  10. IN THE COUNTY COURT Claim No. BETWEEN: Claimant Hoist Portfolio Holding 2 Ltd AND Defendant _________________________________ SUPPLEMENTAL WITNESS STATEMENT OF _________________________________ I being the Defendant in this case will state as follows; I make this Supplemental Witness Statement in support of my defence in the claim. 1. Supplemental Witness Statement due to receiving claimant sending their disclosures and witness statement late. (Cover Letter showing date ) Exhibit 1. 2. Letter from Robinson Way confirming request of documentation mentioned in particulars of claim dated xx/09/2016 within 14 days, of which none was produced. Exhibit 2. 3. Claimants reconstituted version of the agreement is simply invalid and does not comply with the CCA 1974 in either the giving of information pursuant to the section 78 or the requirements required for enforcement under section 78.6 (b). Statement of Truth I, , the Defendant, believe the facts stated within this Witness Statement to be true. Signed: ________________________________ Dated: ________________________________ I was considering putting down that claimant had plenty of time to send this and that I requested it back in August. Also the two agreements they have posted one 2009 and one 2014 have different APRs, surely they cannot be allowed to to mass hope that maybe one of them sticks. I also tried to lookup 78.6 b but keep getting an amendment, would be good to know what it means. Anything to add?
  11. Ok I can right away, is there a draft available I can use to suit my needs.
  12. ok and that needs to be with the court within 14 days, what is my evidence then, all I have are letters stating they cannot find the agreement, which i sent in a copy with my witness statement. What should I have sent in as my written evidence. AS I dont have that much, 1 letter saying that account on hold, another saying that they passed on my request and in process of retrieving documents, and a further 14 days to respond to claim. Court Hearing is 24th Feb. Ok so that evidence that they have submitted I can therefore argue against that, but what exactly am I saying when I go in?
  13. as in what I send copies of letters that they sent me ie couldent find the credit agreement letter but nothing in terms of court cases I am going rely on or evidence of them using the same reconstituted agreements in other cases.
  14. ok so whats the next step. Are there any case studies that I can find that prove that Hoist just use the same the reconstructed agreements every time and are not actually going to find the correct information? Is that one way of looking at it? What can I add my evidence in court? As i have already sent off witness statement?
  15. Nope, I havent filled out any applications on paper for a credit card for years.
  16. Morning Just had a look and cannot find my original, if I remember correctly it was done online and no paperwork was ever sent for to me to sign and send back. If they did send the paperwork I never signed it and sent it back. I do have a filing cabinet and been through that with statements going back to 2013 but nothing. We keep all paperwork no matter what in a pile and file once a month, we have paperwork going back to 2008, it goes back that far.
  17. Witness Statement Terms and Conditions One more page for Terms and Conditions Default Notice Anything else I need to post up. Also not sure why some are horizontal and some vertical. courthoist.pdf
  18. Well this is the final day and just had the post. NOTHING. Do I inform the court now or does it have to be the full day, I dont know maybe the letter comes via some special courier service.
×
×
  • Create New...