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Everything posted by Crolthtroll

  1. Hi, I settled this before the court hearing via a consent order. Thanks for all your help.
  2. In all seriousness, I think it should be reported to the FCA (and hopefully discouraged by them) as the long term effect is that people maybe fearfull of seeking the help and support they need when dealing with these complex and stressful issues. It's one thing reading posts in an attempt to gaining ground in the claims they bring, it's a whole different ball game when using posts in email threats, and as evidence when trying to plant the seed of doubt of the defendants credibility.
  3. I've got a CAG troll! WS received and they are using screen shots of my posts on here in their bundle and mentioning my registration to this site in the statement it's self. Unlike other users I haven't had any emails threatening to use this site as evidence of not willing to engage with them and an admittance of debt. One of the many good reasons why not to disclose your email address. Hello Mr Troll you getting some good pointers following my every move I myself find it a bit hope it doesn't turn round and bite you were it hurts most!
  4. I checked my credit file and the date of the default entry was 11th July 2016. Postie has been no WS from Kearns. I dont want to send mine till very last minute so they dont get to see it before sending theirs. I will post the one to Court today as have not been able to do a paginated pdf using my phone.
  5. Thank you so much Andyorch. Bundle all ready to send to Court tomorrow. Could you explain the paragraph you added re Statement of account, is it because it's not on headed paper? So the default notice is invalid, could the Judge choose to accept it or is that point of law? Thanks again ellis01
  6. Hi Andyorch, Please could you look at the attached. Thanks Ellis01 kearns_ e0hc0p45-ws-final (1).pdf
  7. Thanks Andyorch, where would we be without your help? Clueless and up the creek without a paddle I have a question In my ws I am disregarding the MS TCs but then relying on them to prove they were not sent with the application form. Is there a better way round this? Also according to comp house Dean Witter was dropped from the comp name in 2004 would that mean the tcs should be in the Name of Morgan Stanley Dean Witter as my application was signed 2003? My ws and court bundle has to be sent by pdf which concerns me as the copy of the agreement I have is almost unreadable when re-copied or scanned to pdf. Should I mention this somewhere in the ws?
  8. Hi Both, Yes they have paid, order says 14 days before 4th June, Email from court today says 10 Days. I intend to call the court Monday to talk through the remote hearing process and clarify.
  9. Yes Andyorch I havent received anything from Kearns. I have however, received a mail from court today confirming the case will go ahead with no change of date but by remote hearing. Took me all day to put that together as I only have my phone no lap top. I am keen to get it ready I know it needs work but that is the basis of my defence.
  10. Here is my witness statement, could you please help refine it, I would like to add/quote and print examples from the correct sections of the consumer credit act? Thank you
  11. Has anyone been through the remote hearings process yet? I would like to get a heads up on how it went so I know what to expect. Thanks
  12. I received a letter from lowells Solicitors today which says further to your Pre Action Protocol Reply Form our client has not yet been able to provide us with a full response and has requested that we return your case to them, their client being Lowell Portfolio 1 ltd. Guess I just wait now to see if they start chasing for payment again.
  13. I sent a letter to Llowell as per above. From their reply here is a short breakdown of what Llowell have done. Sent letters to a different address to the one associated with the ee account. Registered a default at that address. Sent a copy of the letter informing account asigned to them with no date of assignment. They are quoting a mobile number completely different to the one I had with EE yet quoting the correct address associated with the account. The breakdown of the charge they are trying to get me to pay is £129 airtime debt £626 early termination fee. I have asked for copy invoices and the letter of assigment from EE which they say they requested meanwhile activity on the account is suspended. Do I let them crack on all the way to court and then make them aware of the errors?
  14. The court directions are Kearns has to pay the trial fee by 4th May or the claim will be struck out Witness statements have to be sent and received by each other copy to court at least 14 days before 4th June. I would like to have something ready just in case they send theirs at the last minute giving me no time to prepare mine based on their claim. I am concerned that despite me having sent them details of my new address with the latest N180 I never received a copy of theirs.
  15. I have now recived my court date 4th June. Could someone please look at my agreement and let me know if you think it is enforceable. Many Thanks
  16. Thought this had gone away but Llowell have sent a letter to my daughters address, I have never lived there and although I moved address 18 months ago all my mail was being redirected so I know they have never sent anything to the address the contract was under. They must have checked my credit file for some reason as many years ago I took out a contract phone with 3 mobile in my name for my daughter as a present and paid it for the first year she has paid it ever since. The letter is giving me 30 days to make contact or they may issue a claim. The amount they are asking for is £794.00 I intend to write to them asking for a detailed break down of the invoice and for a copy of the assigment notice as they say the account has been assigned to them. Should I be asking for a copy that should have been sent to me by EE? I dont understand why they would write to me at my daughters when all correspondence in the past fromm EE and Moorcroft has been to my previous (the contract) address unless they were trying to get a back door ccj.
  17. The only possible defence I can see is that the agreement is unenforcable as it does not contain all of the prescribed terms. The prescribed terms are not on the page with my signature. It references clause 7.2 in the prescribed terms and clause 16 on the signature page neither of these terms are on the agreement at all. The Morgan Stanley TCs should be disregarded as they are archived copies that contain no reference to either myself or the signed agreement. Also the agreement is a mail shot as my name and address is typed the rest of the form was completed by hand therefore when I signed it I was prejudiced as I could not have had sight of the contents of clause 7.2 or 16. I need to word all of that properly just wanted to ask is this is a valid defence and have I missed anything that could add weight to my defence? Thanks
  18. Thanks Andyorch. There is only the assignment letter from Barclays to Asset Link in the docs sent to me by Kearns in reply to my CPR31. I assume the MSDW one will need to be produced in order to prove it was assigned to Barclays and then in turn to Asset Link? I will use this as part of my defence. a letter from Northampton bulk last week saying they are transfering the case to a court near me. Then received a letter from my local county court saying I need to complete a N180. Should I go through the motions with mediation again?
  19. Hi All, I had the mediation call and am now waiting for court directions. I have a quick question' should there be an assignment letter from Morgan Stanley to Goldfish and then from Goldfish to Barclays? Thanks
  20. Thanks again for your support I made the call today. Kearns haven't called them yet. Merry Christmas and happy new year
  21. Hi All, I received a mediation appointment offer this morning, I am assuming I call them and say I have not received enough information to enter into mediation. Thanks
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