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peregrine2

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About peregrine2

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  1. should the oc have paid the refund to me? by the sounds of it, the balance continues, only just unenforceable. i would have thought the bal would have been written off?
  2. ok, bit more info i should have stated. The claim was started within the 6 years stat limitation. the hearing was after 6 years had expired and so was the strike out. It is now 8 years past default notice, and i have not heard anything since strike out for 1.5 years. surely another claim for the same terminated account is time barred, even if they change the amount to a lesser amount. the issue is the oc bank has written to me stating i am due a refund of wrongly taken charges and interest FROM 2011 and have applied the refund to the os balance, wh
  3. Hi, if a terminated credit card claim has been struck out by the court, appealed and lost (ie still struck out) - is the balance therefore zero? Can a 2nd claim for the same card (terminated>6yrs ago) be presented against me for a different amount.
  4. ok, but any witness statement I draft will be so sparse it can't refer to anything, apart from what I remember when I applied for the card. Im about to read some of yours, which I have done so in the past with great success. Its just that in this particular case I have felt I don't have enough for a meaty ws. Apologies for looking at avenues, but am genning up (i think thats the expression)
  5. Thats not the full particulars of claim. That is a summary. Particulars must have copies of documents they intend to rely on, and which are mentioned in the particulars. Where is a copy of the default they are relying on (as mentioned on the claim). What agreement provision has been broken? What are the detailed pleadings? CPR 16 (3.2) states these must be sent within 14 days but not later than 4 months after the date of issue of the claim form. Clearly this CPR would be redundant if the "particulars of claim" on the claim form was sufficient. The CPR is for the det
  6. OK, this is what has been missing from the Claimant: The particulars of the claim are missing. Claims under the Northampton bulk centre are restricted and produce poorly and sparse drafted claims so the following applies. CPR 7 PD 7C states (1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim form but the claimant must in the claim form – (a) state that the particulars of claim will follow; and (b) include a brief summary of the claim. (2) Where the claimant serves the particulars of claim separately from
  7. To be fair, I know who you are talking about, and unfortunately its not him. I say unfortunate, but (and not mentioning names) I have read his cases which are pretty good. I do have the same sentiment as you, though, about my "expensive" advice.
  8. whats a CCA request - is it for the agreement is it? ooh , I have to check if I filed a cpr 31.14 request - is that the one i sent £1 postal order with
  9. Ok, in the same para it says Witness statements to be included in the documents. The point is not so much the witness statements is their documents. The documents have info on them that may be arguable. If "new" info is introcuced it does not give me much time. eg : interest rates, missing criteria required under cca 1974, default notice dates,. Any of these can be produced at any time.
  10. As I said above, witness statements to be exchanged 14 days before the hearing. also, and I dont think anyone is getting my point, but Because of the sparseness of their claim, if they produce more info in their exchange of documents that I have not seen before, I may need to change my defence and witness statement (I know I already filed a defence..re post above....) . eg If they produce a signed agreement. I cannot respond to NEW info on the same day I see it in their bundle. That is why there should be a time delay between me receiving their documents they intend to rely o
  11. 12th November I can put an application in expressing my inability to defend and need their file. Otherwise I will be ambushed on the same day I have to file
  12. I dont have a scanner, but this is what it said. The document from the court starts: Before Judge.... "Having considered the papers in your case, the court believes your case is suitable for mediation" Then Blah Blah about Mediation Then: 1) This claim is allocated to the small claims track and refers us to part 27 CPR 2) The Hearing Will take place on ..th November 3) From the available papers hearing will take 3 hours 4) Parties are encouraged to settle 5) Following paras set out Judges directions 6) Each party must deliver to the other party and to
  13. No other info. Just received an order of the court date and the claimant must pay the fee and documents to be served on each other 14 days before. But I have very little info apart from the notices of assignment and the fake agreements. I haven't made an application. Why would the judge lift the stay? I haven't received any application from the claimant. Should I file an application requesting the claimant file its case ASAP so I can adequately prep a witness statement.
  14. yes, just the first one. The second link is just general comment re Halifax HBOS. The claim has reared its ugly head since the first link. Claim hearing coming up in 5 weeks after being stayed all this time. Not had any particulars or witness statements or default notice from claimant at all yet. They declined to respond to my Part 18. What is the moonies?
  15. okeey dokey, The OC is Halifax and the claimant is 1st credit I have not been adequately able to defend properly as the claim pleadings is too spares. They say they have given me true copies of my agreement, the second one being at the point of default. The OC are different on each agreement (first = Halifax, second=BOS) They have cobbled notices of assignment and some statements that dont even start with the same credit card number....its totally different BUT they show a tiny balance (pence) going from old as c/f and showing b.f on the new. This changeover is 2 years afte
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