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tnook

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  1. Since it's hearsay, don't I have the option to cross examine the hearsay witness? Thus she would need to attend the hearing after all.
  2. This is very strange. The lady I have been in communication with at Santander, their legal counsel, has just submitted a Hearsay Notice to the courts. I've attached it. She has submitted a notice to use her already submitted witness statements. But not necessarily call upon herself. What is going on?... I've attached the notice. Hearsay notice 22.10.21.pdf
  3. Thanks for the reply. I thought now that the claim is in the small claim track that fees wouldn’t be an issue. There has been no breach of protocol.
  4. Right so the hearing was postponed in the last minute due to lack of availability of a judge. It is now scheduled for November 2nd. I just got another letter from their solicitor, trying to scare me off with legal fees. The case is allocated to the small claims track. See their letter test below, they are claiming to use the letter itself in the court: @Andyorch
  5. Yes they did, I posted it above. It was brief, focussed on the arrears, the terms and conditions and no reference to any other cases, regulations. The solicitor then submitted 5 exhibits separately. Statements, T&C's, default letters. I am thinking they got a barrister involved over the weekend, who wanted all the documents in one bundle.Which is why the resubmitted it this morning as one PDF, whilst claiming to be doing the court and judge a favour.
  6. Well this sucks, hearing is being postponed due to lack of judges. Does this buy them more time to revise their witness statement?
  7. Bloomin' eck. Less than 24 hrs to go and the Santander Solicitor has submitted a bundle to the courts. From what I can tell she has taken my bundle and added all her documents. I thought there was a 48hrs deadline for submitting items to the court.
  8. And with one day to the hearing Santander have submitted a 2nd witness statement. It simply clarifies that there is indeed zero balance on the credit card now and that they will no longer be seeking enforcement action.
  9. Had an email from them this morning. It's been allocated to the small claims track, so it's unlikely they will get costs right? Looks like it's going to though to the hearing.
  10. No news, doesn't look like they will settle. Thought they might have done.
  11. Just wrapping up the bundle. Deadline today. Santander's witness statement doesn't at all mention time barred issues with the charges. Should I still add a section on in my statement. "The Defendant may say the charges are time barred.... however Kleinworth....."
  12. So I decided to eliminate the potential of the arrears counting against me and I cleared the balance. In my Barclays hearing the judge was very focussed on the outstanding balance and how Barclays were the real victims. I wanted to take that off the table. The Santander solicitor just asked if this meant I would be discontinuing my claim....
  13. Yes still with Cahoot/Santander. Was just wondering in the eyes of the judge if it was better not to have an outstanding balance. After I got burned by the judge in my Barclays hearing.
  14. The card is defaulted and no longer in use (bad patch a few years ago).
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