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iOiO

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About iOiO

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  1. Dont give up now Cymru, you've come so far and learnt so much. What have you got to loose really? If you go to court there is a pretty good chance that you will win, if you dont you've lost anyway. I'm confident you can pull it off.... go get um girl!!
  2. Thanks again FG This is a copy of the Witness Statement I submitted, it contains most of the paragraphs quoted above and indeed I pinched some from just about every WS on CAG and even includes a little work of my own, but you will see it is heavily biased towards the excellent help you gave Cymru.
  3. The order they are talking about is this, which was filed with my AQ....
  4. I have been going through the trail bundle and noticed within it a letter they sent to the court which is highly relevant to how I presume they will proceed with their argument, I will scan it in shortly, interestingly I note that this document was missing from the list they disclosed to me, however as I say its in the Trial Bundle which was not received until after the trial..... sneaky tricks indeed! Back in a mo.
  5. Thanks again for coming up trumps FG I did inform them of my of my situation some time back and asked them if they could freeze interest payments etc but they continued to pile it on and harass me for ever increasing payments I couldnt possibly make.
  6. If I should loose (and I will be gobsmacked if I do) will these fees be added to the amount they are claiming or ordered to be paid separately? As there is no way I could pay either amount, I have no money and my sole source of income is Income Support. So I assume the judge will look at my financial circumstance and order me to pay a very small token amount each month, am I correct in this, and do I need to make the court and/or claimant aware of this pre-trial or will I need to prepare something for the day? Also, should I loose and request that the judgement to go to appeal, and I employ a Barrister to fight the next round (hopefully on Legal Aid or on a Conditional Fee basis) would the amounts awarded in the initial judgement be frozen until the outcome of the appeal? Loads of questions I know, but I have read the forums extensively and cannot find a definitive answer to those asked.
  7. But surely no contract has been formed until the exact point in time that the document was countersigned (and I would presume that would have to be the actual document with my actual signature on it, and not some unreadable copy), so everything that had happened prior to that point in time was without agreement or contract? Another question if I may... Within the Order for Costs they list the Court Fees they have paid which I understand I may be ordered to pay if I should loose. I have long term health problems and am in receipt of Income Support and as a consequence of this I am exempt from court fees, would this exemption also apply to any court fees claimed in this event? .
  8. Thanks FG for sticking with me on this. The fact that their signature is missing bears a lot more weight that it normally would in that the lack of it means that the contract between the two parties was never agreed. In the Application Form that the Claimant has produced I note that a key clause in section 5 of the Application Form states “If your application is accepted by our signature and we send you a card, then this will form the agreement made between you, the Principal Cardholder, and us Lloyds TSB Bank plc…” This document has therefore not been fully executed, and as a direct consequence no valid contract or agreement has been formed. Am I correct in my thinking on this? With regards the Order for Costs, I was considering writing to the court to make the judge aware of this, as they are clearly calling into question his abilities.
  9. Good luck Cymru.... hope you win in the judges lottery! I am sure you will present your case very authoritatively.
  10. Hi Guys and Girls So sorry I have been so late in updating you all on this but as you can appreciate it was all going on during the run up to Christmas and I had to set to one side so much Christmassy stuff that I should have been doing prior to the hearing so it was all to do after it! Hope you all had a great Christmas and here's hoping for a better New Year than last! Well all didn't go exactly to plan, but eventually got the case adjourned until early February. Surprise, surprise (not) neither the Trial Bundle or the Claimants Witness Statement arrived before the trial. Got a different Judge this time, a Deputy District Judge at that, and he wasn't interested in hearing my argument for a strike out. I refused to go ahead with the trial as I was obviously at a significant disadvantage as I had not had sight of the Trial Bundle or the Claimants Witness Statement, and after some deliberation the Judge "in the interest of justice" agreed to an adjournment. After the case was adjourned SCaMs Barrister made a sly attempt to make the judge aware of a mistake he had noticed in the claimants witness statement in that the CCA agreement had been signed by virtue of a machine printed strip near the signature box. I retorted that this was ridiculous as it was merely a date stamp, and the judge smiled and said this was a matter for the later trial. Any comments on the validity of such a "signature" gratefully received. For the record the strip says "RCVD 25 AUG 04 09:07 BTN CMU" I have changed the date and time for obvious reasons, but I presume the above means "RECEIVED 25-AUG-04 at 09:07 BRIGHTON CENTRAL MAILING UNIT" but perhaps someone knows how to decipher it more accurately? The Trial Bundle and the Claimants Witness Statement magically appeared in the post the following day Also on the same day (18 Dec 2009) under separate cover I received a Statement of Costs (dated 14 December 2009) from **** for the sum of £3010.00 together with a covering letter stating that they were seeking these costs as the directions made by the judge were “clearly not standard Small Claims Track directions”. At an earlier Allocation Hearing, the case was agreed to be progressed through the Small Claims Track primarily at the specific request of the Claimants Barrister. Directions for the trial were made there and then, and were specifically agreed between the Judge and Barrister at that time, and at no time since the directions were issued has this been drawn attention to or complained about. Surely this is just a poor attempt at scare tactics on their behalf? Can they do this?
  11. One question If I take some paperwork with me to support me, am I allowed to use a highlighter to highlight relevant wording in the copies of documents I intend to give to the judge or is this a no no ?
  12. Thanks ever so much guys and girls, your support is much appreciated
  13. Still no court bundle arrived here Just rang the court for an update, they got SCM's court bundle late yesterday afternoon..... begs the question how can they get one into court and not to me (I only live about 3 miles from the court) scheming cheating SCuMbags!! Judge has said re my letter, that any order could be considered at the hearing tomorrow. So iOiO its off to court we go. Any comments and advice gratefully accepted!!
  14. I am deeply indebted to you once again FD, excellent thank you. I will update the thread with any breaking news as it happens Anyone else have any comments/advice?
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