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About diggy116

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  1. Oh, already done.... I did put alledged fraudulent copy in the defence tho if that makers a differance ..
  2. Hi all, Been a while since i have posted but need to share my story so far.. I got it all wrong last time but it didn't cost me much This ones a little more expensive.... DCA.. are in trouble i just need to finish an ammended defence off right to hopefully get them really slapped and me some compo..... to keep it short we have had a hearing and it was adjorned for us both to produce further documents. I have the original cca which is unsigned and totally differant at the bottom to theirs (but i misplaced it at the first hearing, but have just refound it thank god..). Theirs
  3. Hi. After a good learning curve my issues with Wescott are now at an end and all in all at the finish i will have only paid £50 more than the original amount that was due and it has cost Wescott a lot more in solicitors fees and other things, so a moral victory in a warped way... As a final amount i have to pay £400 by the end of March, which is not a problem in the slightest but i really need to know is what method will cost Wescott the most money to do. I was thinking of sending 40 cheques of £10 and if they have to pay for every cheque presented at the bank then that is what i shall
  4. Hi, I have been doing some homework around forums and sites and it appears that the Tomlin fails to meet certain things . 1) The wording "by consent" prior to the "it is ordered" part is missing. 2) Any claim for costs must be addressed in the order section and not the schedule as the schedule is a confidential contract and not within court jurisdiction. 3) The failure to place a "from" or "by" date on the schedule so leaving no time scale or deadline to be met, rendering it unenforceable. Maybe the judge on the day realized the claim for costs part and is why she has asked for w
  5. Hi, I recently messed up in court and signed a Tomlin order on an unenforceable debt as there is no CCA , no assignment or default notice The amount was for £300 and as i carried on paying £50 a week to the claimants after a CCC was ordered and the account was in dispute since January 08 therefore i paid £250 inbetween the CCC being given and the date of CCC so i thought i had paid £250 already and i made a £50 payment on the first instalement to make the £300 , but they did not see it this way and we went back into court today as they wanted to implement the Tomlin order , which is
  6. Hi , To cut a long story short about the history of this situation which can be read on my other threads , but i signed a tomlin order but have not paid it all (but can do ) It is the mule in me that will not let it go because i rolled over and died last time. I have recieved another direction hearing for January the 2nd and will attend as i need the claiment to produce the required documentation they did not before. What i found on wiki is this ; The written agreement is put before the judge who will record it and give it the approval of the court. It is a kind of court approved cont
  7. Hi , It is now December and after paying £150 on the tomlin and a previous £150 on payments made prior to tomlin but after CCC , to which i presumed was the £300 . I have now recieved a direction hearing letter dated for 2nd January as they say i am in default of the tomlin order . I have phoned the court to confirm things . What i really need to know is as with all the above info can i still request wescot produce the documentation needed before ie; nottice of assignment , default notice and an enforceable CCA , or is it too late at this stage . If i can , do i do it before the 2nd January or
  8. Hi guys i know i let myself down by not being strong enough on the day but as stated i will definitely know better for the next . The Tomlin is as :- IT IS ORDERED THAT 1. Judgment , or any orderer direction , against the defendant shall not be requested without permission from the court 2. All further proceedings in this claim be stayed (wescot did put set aside but the judge made them change it to stayed )except for the purpose of carrying the terms of the schedule into effect. 3. Both parties will bear their own costs. 4. Liberty to apply SCHEDULE TO TOMLIN ORDER
  9. This is what i thought and went in all guns blazing and came out dazed as to why the judge just took her side and advised i accept tomlin order . There was NO judgment . I left the building well peeed .. In my defense i presented an unenforceable CCA , No default notice ( out of interest i have no default recorded on experian should this of been on there if i had had one ). The property act was just in relation to the assignment compliance. I got the impression the judge and Wescot bod knew each other he didn't take any of my defense in to consideration and just made a point of sayin
  10. Hi and thanks for all the help , i have been peeeeed off since the court date on 13th June and stacked out with work so only just getting back with things . Went to court on said date armed with all my defense info , wescots bod turned up and said come into this room and she offered me a tomlin order , I said no way am i signing that , we'll see what the district judge has to say on this . Go into room wescots bod says blah blah blah , I say blah blah blah then bring up non executable CCA , no default notice , property act no assignment letter . He (the so called judge ) then goes on to
  11. Hi , well i'm in court tomorrow . Received a statement of costs yesterday from Nelson guest. , amounting to £651.00. Sent my witness statement in , basically quoting case law of CCA and its legality , property act and misrepresentation case law and basically asking for wescot to have strict proof of any of their allegations . In their statement they said no default notice is available because they deemed it unnecessary to keep the documentation on file , i pointed out in mine it is within 6 years and all records should be kept. So they have no real CCA , No default notice , No assignme
  12. Hi , i have just noticed on the claim poc it says that under an agreement between mbna and westcot spv limited ( why is it now spv limited ? ) , mbna sold and assigned all rights title and interest , under this credit agreement to wescot spv limited ... But in there witness statement they say they sent an NOA on the 17/09/02 but in the bumph from mbna it states on numerous occasions that it was sold to wescot on the 19/05/04 , surely NOA and SOLD too , are the same thing ????? Thanks Diggy...
  13. Hi I don't have a clue as Wescot have failed to comply with my CPR request in any way , the only things i received were from MBNA and that consisted of an application form and a load of computer jargon . ( i sent CPR requests to MBNA , WESCOT and NELSON and GUEST there solicitors ) . I informed the court of their failure to supply the information needed , but he is continuing with the hearing and i carn't beleive wescot are going to turn up on Friday with what they have . What they have in their witness statement is as follows ; Exhibit 1) . an application form for a CCA with no prescribe
  14. Hi , and big thanks so far and if you wish you can merge the 2 but i would probably prefare it to be located in here as it is in court on Friday.. The story goes , I have received wescots witness statement on Thursday ( i phoned the court to let them know i had received it late and i will prepare mine over the wkend and drop it in by hand on Monday , she said thats fine .) In this is goes on to use the application form with no prescribed terms as a CCA , then it points to a computer archive that a NOA was sent to me on 02/10/02 but on a workscreen copy from mbna it states that mbna sold t
  15. Hi sorry i have the Wescot and me , we'll see thread but it always gets quickly lost as its very busy all the time , as for the assignment i am not sure but it was shown as assigned on my credit file , just dropped off (6yr old ) The CCA is just an application form and there was no notice of assignment until 06 4 years after they say and 2 years after other forms say sold to wescot for £200 more than otherwise stated its all in that thread, I want to go for misrepresentation law on this .. So any help with assignment law would be very gratefully received . kind regards Diggy..........
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