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x-Debs-x

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  1. These are the Witness statements I received along with another copy of the 'Credit Agreement' and some typewritten (about 4 sheets) notes that were supposed to be my statements?? with 2 months on each of them.
  2. Consumeredge has asked for a copy of the summons, does this mean the court papers? And also the witness statements, so I will tag them here. There were no statements attached or Income and Expense forms as stated when i recieved the original copy of this letter. Only the dodgy looking Credit Agreement with a completely different Account number (barely legible) on it.
  3. Hi Slick I sent this reply yesterday to HC and recieved a reply within minutes. Will post below. Dear Mr. Moorhouse I’m sure the court will be curious as to why my offer of £10 per month, acknowledged by yourselves as far back as March 2011, is now only willing to be accepted, albeit under the pretext " In an effort to bring this matter to a satisfactory conclusion without the necessity of further costs or further court action" I remind you on the 31st May 2011 you yourself stated in order to consider my offer, you required within 7 days some medical evidence, this was duly provided to you on the 5th June 2011. As to your letter dated 14th June 2011 received on the 16th June 2011, whilst I agree in principle to reaching settlement by way of a consent order, I bring to your attention the following: Civil Procedure Rule Part 40, the procedure that allows a court officer to enter and seal a consent order as an administrative, rather than a judicial act. Firstly, in order to invoke this procedure the following conditions must be satisfied. The judgement or order is of a type set out in r 40.6 None of the parties is Litigant in Person. If those conditions are satisfied only then can a court officer enter and seal orders agreed by consent. As you well know, I am Litigant in Person and prohibited by r 40.6 (2) from signing the documents you have supplied, therefore the claimant’s solicitor must apply to the court for the consent order to be made in the agreed terms, r 40.6 (5). An application notice (N244) requesting judgement of the order in the terms of the consent order must be filed at the court and a copy served upon me together with a copy of the consent order, and the consent order must be drawn so that the Judge’s name and judicial title can be inserted (PD 40B, paragraph 3.3). It is also noted that whilst your order states there be no order as to costs, you have in fact included these, neither is there a copy of the schedule stated as "Attached hereto". With the hearing set for next Tuesday 28th June 2011, when considering all events, I believe there is case for unreasonable Behaviour against yourselves, and that you write to the court requesting the hearing be adjourned for 30 days to enable yourselves to prepare to correct documentation and procedure for settlement. Failure to do so I shall attend the hearing, submit all correspondence including your "by consent" and ask the court myself the hearing be adjourned until such time you supply said documentation and comply with the Civil Procedure Rules. I have also sent a copy of this email by registered post to your office. I trust this clarify matters and look forward to your reply. Yours Sincerely The Reply came back 17 minutes later. Dear Mrs XXXXXXX Please accept this email as confirmation of receipt of your email dated 22 June 2011. I can confirm that the consent order which you have received is for both parties to sign. Upon receipt of the signed consent order , I can confirm that the consent order will be lodged at the court and a request made for this matter to be referred to a District Judge for consideration. Therefore, I would appreciate if you could call me today on 01274 853 241 to enable us to discuss this matter further I trust that this is in order and look forward to your call Yours sincerely Andy Moorhouse
  4. Hi again, sorry to be a pain, but the court hearing is on the 28th, so I assume I need to get this letter to them asap. I have no idea what i'm supposed to write to the court, so if you could help I would be grateful. Thanks again. Debs
  5. That's fantastic Edge, I am so grateful for your reply. I thought it looked a bit sus, but really had no idea. It would be grerat if you could help me with the draft for the court, I am a total novice at all this. Thanks so much again.
  6. Arghhhhhhh!!! WHY can I not seem to upload a flippin document!! I have tried to follow the instructions, but it just doesn't seem to work for me!
  7. These are the letter and 'Consent Order' they have sent me. On the consent order, it says things like ...... 'Signed before an officer of the court' ... surely that isn't right as they just want me to sign it and return it, so why try to make it look like it's come from the court when clearly it hasn't? Thanks Debs
  8. Morning Slick, I hope you can now help me with further developments. I have had a reply from Howard Cohen saying that they are happy to now accept my offer of £10 per month, and drop the court case, however I must sign three copies of a 'Consent Order' that they have attached to the letter. The problem is, they have added on all the charges and costs from taking the case to court, as well as all the interest and charges for defaulting. Now I don't mind paying them what I owe, but why should I pay the charges for the court hearing etc. when I have been trying to sort things out for exactly THIS conclusion from the begining? Also the 'Consent Order' looks remarkably like court papers, but has very obviously been typed up by HC in an attempt to make them look official..... Is it just a ruse to get my signature or to make me think they have more power than they have? The court date is for the 28th. Have they still got time to stop it going ahead now and what if I don't return the Consent Order? I really don't know what my next step is. Thanks for any help. Debs
  9. I put that I was defending part of the claim I think, it was a long time ago and I didn't understand what to do really. I put that I felt they didn't have an enforceable CCA and also that they had levied unfair charges onto my account. Also that I had tried repeatedly to make an arrangement and they had ignored me. I think the AQ has been dealt with?? Not sure about that, but I think so. No, there are no statementsd in the court bundle. I will do the request today. Thanks again
  10. Thanks so much Slick, I will adapt the CPR31.14 request to suit what I need and send it off. Can I still request these things even though my defence has been filed and the case has it's court date? D x
  11. I have since replied with this today..... Dear Mr. Moorhouse, I'm not sure why you would need proof of my Stroke, but I have attached the letter from my Endocrinologist to my GP as 'proof'! I still maintain you do not have a legal copy of a Credit Agreement to support your claim and have taken advice to this effect. Also, I requested a copy of the CCA on the 8th November 2010. (Copy attached and I have proof of postage) And did not receive a copy until 26th March 2011. I understand a copy of our credit agreement should have been be supplied within 12 working days. I also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. However, in the interest of an amicable and mutually beneficial result, I am prepared to pay £10 per month into the account until I am financially able to offer a more substantial payment. This would, of course, be dependant upon the removal of all illegal charges and interest from the account and the halt of any further charges and interest. I look forward to hearing from you. I attached a copy of the letter I got from my Consultant detailing my medical conditions and also a copy of the CCA request i sent in November.
  12. I received this reply on the 31st May. Dear Mrs xxxxx, I refer to your recent email dated the 30 May 2011 and we are sorry to hear to of your recent stroke. We can confirm that our client has kindly requested that you supply some medical evidence regarding your recent stroke to enable them to consider their position and your offer of repayment. Therefore, please can you arrange to send the said evidence within seven days from today. I trust that this now clarifies our client's position, however should you wish to discuss this matter further, please feel free to contact myself on 01274 853 241 quoting reference xxxxxxx. Yours sincerely Andy Moorhouse What do you think this means?
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