Am I right in thinking that a disclosure list is only a list of documents that I can supply copies of and which I wish to rely upon in court and doesn't include the case law that I will rely on in court?

Just subbing. Great reading. Any news?

bump

Well its been 4 months without a word. Now Mint have asked fredrickson international limited to collect this debt. I feel another letter going in the post.

Thanks pt, thats put me at ease. Quick question. As the agreement only exists on mircofilm, they are using a photo copy of the front and also a photocopy of the rear. There is nothing handwriten on the rear, nothing which can be used to show that it was attached to the agreement. The only thing I can think of is them showing the court a blank agreement from the time, if they have one. I dont think this will stand up in court, anyone have a different take on this?

Thanks for the info, could anyone help with a discloseure list and how it's set out?

Ive just been reading their reply to my defence and noticed a nice little paragraph which they have added. " It is further noted that the defendant does not deny that a sum of money has been advanced to him pursuant to the agreement and has not yet been repaid. It is averred thet, notwithstanding the relevant anactments, the defedant seeks on technical grounds to avoid repaying a sum of money which he owes to the claimants" I wonder if they have a little fit on the court room floor like a kid in a supermarket?

Today I recieved the reply to my amended defence from Lloyds solicitors sc&m. A total of 9 pages working through the paragraphs of my defence either noting, or adding a coment in reply. The only major changes are that they have spend a few pages defending their failure to prove that a default notice was sent and then at the end removing it as evidence as it is a reconstruction and not a copy. In the final paragraphs they make 3 statements which I find interesting. 1, They admit that the court has the power to declare the agreement unenforceable. 2, They state that although I have asked the court to find the agreement unenforceable, I have not made a Part 20 counterclaim for declaratory relief, or paid the fee so I may not make such a claim. 3, They also state to the court that should the agreement be found invalid the granting of a declaration would be inappropriate as the defendant has had the benift of funds from the claimant. Any advice on my next action? I think my case is getting stornger and they are now understanding that I will continue to the end. I also need to prepare my disclosure list for the court, any advice would be great.

Bump

The claimant has until 4pm on the 9th May to reply to my defence. What if anything could i expect from them? Both parties have to give standard disclosure bu 4pm on the 23rd May, Can anyone tel me what that involves?

If they have no agreement then you don't have to pay them a penny unless you want to. If they take you to court they wont get far. The Default removal is a long process, if you do want to pay anything make sure that the default removal is part of the deal. Make sure you put without prejudice at the top of the letter to stop them using it in court.

First thing to do is send a cca request to all of them then you will know. I would CCA the DCA then you can find out if they have really have bought the debt, if they have they won't have paid any way near £18000 for it.

Details Of Court Oder Page 1 http://i218.photobucket.com/albums/cc219/pokermad_photo/courtorderpage1a.jpg Page 2 http://i218.photobucket.com/albums/cc219/pokermad_photo/draftorderpage1.jpg

Defence sorted and handed in.

I'm more confused than ever, plus I'll never get to the post office on time now anyway.

I think I understand that a bit more, thank you. So for my defence I need to just consentrate on as many reasons that I can think of as to why this agreement has not been properly executed. Let me see if I have got this right. The agreement was filled in by staff in my local branch and put infront of me to sign. I signed it and dated it 15/05/1998 but the date next to the banks signature is 27/05/1998. This means that as I was present in the branch they should have signed and dated the agreement the same day and also givern cancellation rights there and then.

I'm working nights this week so i will be off to bed within minutes of writing this. If anyone needs more info I will be around from about 3 pm. I would be very greatful for a defence to work with please as I'm not the best at putting what I want to say onto paper.

So does all the above have to be in the agreement or can it be sent seperate. If it can be sent seperate then when I bring this up with them they will find a copy and send it to me. I just want to be clear.

Under YOUR RIGHT TO CANCEL. The following is written:- Once you have signed this agreement you have a short while and right to cancel it. Exact detailsof how and when you can do this will be sent to you by post by us. What exactly should be written and where?

gh2008, thats a good point regarding the agreement. Until the court decides if the agreement is enforceable or not then there is no case.

The microfilm copy of the agreement isnt headed at all, it has application form at the bottom in the centre. The signature box is in the lower right hand corner just above YOUR RIGHT TO CANCEL. In the bos it reads, This is a credit agreement reglated by the consumer credit act 1974. sign it only if you want to be legally bound by its terms.

Thanks for taking a look Paul, I am greatful for every second you can give me, only if you have time. What is your take on pro bono?

Facts that I know are:- 1, I never recieved a default notice, they do not have a copy but have re created one using the same computer and I think they intend to call a witness to say they sent it. 2, They do not have the original agreement but have a microfilm. They have both sides of the agreement on mircofilm and have supplied copies. Question. Will a microfilm stand up in court, they can not show that the both sides were from my agreement just from a microfilm?

This is a photocopy of the front of the agreement. It's microfilm. http://i218.photobucket.com/albums/cc219/pokermad_photo/LSTBAGREEMENT.jpg This is a copy of the rear of the agreement which turned up on the 1st April 2008. http://i218.photobucket.com/albums/cc219/pokermad_photo/REVERSEOFAGREEMENT.jpg It's hard to read so they have sent a photo copy of the same t&c but from another source. http://i218.photobucket.com/albums/cc219/pokermad_photo/EASYTOREADREAROFAGREEMENT.jpg

This is a copy of a re created default notice. They have admitted they don't have original so have re created it. http://i218.photobucket.com/albums/cc219/pokermad_photo/RECREATEDDEFAULTNOTICEPAGE1.jpg http://i218.photobucket.com/albums/cc219/pokermad_photo/RECREATEDDEFAULTNOTICEPAGE2.jpg This is a statement recieved from SC&M http://i218.photobucket.com/albums/cc219/pokermad_photo/STATEMENTFROMSCM.jpg