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Mockenrue

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  1. Badly, and I ended up with a CCJ and several hundred pounds of costs added to the balance as a result. The judge couldn't see past the end of his nose, and although aware of the Carey case he clearly wasn't up to speed on it (he more or less said as such himself) and pretty much believed everything the HC guy told him. He accepted that a 'reconstituted' agreement was sufficient and that was that - all the other instances of HC misconduct (e.g. non-compliance with CPR request etc.) were dismissed or overlooked, as was most of my Witness Statement. Whenever I tried to dispute anything all I got from him was "on what authority?" and being LiP I found it difficult to articulate my replies convincingly. It was my first time in court and I didn't anticipate having to explain stuff to the judge I expected him to know about. The Carey case is reams and reams of legal jargon I can only begin to get my head around, and I suppose that in hindsight I left it far too late to ask for help on here. After reading multiple threads I was left with the impression that HC would bottle it at the last minute as several people implied that this is standard practice for them, but not so in my case. I'd advise anyone in a similar position who's expecting HC to not bother turning up after reading threads on here to take such suggestions with a very large pinch of salt.
  2. You're both absolute stars. Sincere thanks! Who needs a book at bedtime when you have CAG?
  3. I'm working my way through the Carey file Docman provided now. The arrears amount on the Default Notice (from Mercers) tie up with the arrears amount on the statement for the month in which it was sent. I've never received anything via recorded delivery from Barclaycard, Mercers, CL Finance or Cohens. They haven't disclosed a deed of assignment either. I'm glad you mentioned checking the amounts. Firstly, the amount claimed matches what's on the NoA but differs from the outstanding amount on the latest copy statement they've sent (it's higher). Secondly the sum they're referring to in section 4 of the witness statement ("There was a balance of £xxx outstanding under the agreement") does not appear on any of the statements. It's close to the correct amount, but not the same. You're correct that they haven't provided full statements. The first one is from several months into the agreement and has an opening balance. It refers to a 'closing balance of last statement' which is missing.
  4. OK; understood. Would you be so kind as to point me in the direction of a link to this if possible? I would look myself but I'm at work so 'browsing time' is severely limited at the minute.
  5. Thanks all. RWR - I'll PM you the original NoA as soon as I can so that you can read it better. Docman - the lack of a signed agreement is what I've always believed to be the main focus of my case. I'll dig out my original witness statement from the initial hearing. Thanks again.
  6. It looks like I can't send you a PM. The hearing is next week.
  7. Thank you both for your input. Yes, but annoyingly the post mark on it is barely legible and the 'key' digit in the date is very hard to distinguish. However, the witness statement itself is dated only four days before the actual hearing and this was a Friday - the hearing took place the following Tuesday. HC rep. One person. Not that I'm aware of, no. I certainly wasn't notified. I don't recall receiving such a letter. The OC did not give me notice of this, no. It certainly wasn't sent via SD; just ordinary post. You have a PM, cheers.
  8. Right, an update to my situation with HC. My small claims hearing took place in April and and HC turned up. No documents were sent to me or the court from HC until the very last minute - the court receiving them by fax on the morning of the hearing. We'd barely sat down when the DJ started tearing strips off the HC rep and berating her for blatant disregard of the CPR, pointing out the obvious fact this placed me at a significant disadvantage as I'm LiP. Flustered and apologising profusely, she started making excuses and insisted that the documents had actually been posted and that I should have received them. The DJ adjourned the case on these grounds and that was that. On the way out the HC rep confronted me and tried to intimidate me by saying that if I didn't admit this debt, I would end up with a CCJ. This was right in front of all the people in the waiting room, which I thought was very out of order. She then stormed off, making a call as she went. Sure enough, when I got home there was the paperwork from CL Finance. The hearing was first thing so I'd left the house before the post arrived (not that it would've really mattered as I wouldn't have had time to examine the contents anyway.) From reading threads on here this seems to be standard practice with HC. Here is the Witness Statement I received from CL Finance. Note that in point 2 they are saying that they don't have the original T&Cs with the prescribed terms, and in point 3 that they are relying on the Carey vs. HSBC Waksman case: Also note that in point 7 they intend to rely on the Rankine case. The document referred to as 'SJH1' is the application form I posted above ('Low rate or no rate') in post #1; The documents referred to as 'SJH2' are a copy of the "reconstituted" agreement mentioned in point 3; here it is (five pages): 'SJH3' refers to copy statements spanning a period of four and a half years, although there are none for the first year of the agreement. There are £20 penalty charges on several of these. The document referred to as 'SJH4' is the Mercers default notice application form I posted above in post #1. Although the content is identical, the character spacing and fonts are different. 'SJH5' refers to the NoA from Lewis Debt Recovery, again posted above in post #1. I would very much welcome some opinions, assistance and guidance from the experts here as to how I should now proceed. I've heard nothing from either HC or the court since the initial hearing and the adjourned hearing isn't far off. Somehow I don't think I can rely on them just not turning up (which often seems to be the case). I can post up scans of my court docs (embarrassed defence, witness statement, disclosure list, N149 etc.) if necessary. Thanks.
  9. Hi Wolfy and thanks for your reply. No, I didn't apply for such an order and if I'm honest I don't recall seeing any reference to this on the AQ despite reading it thoroughly. Stupidly I haven't kept a copy of it. Presumably I can download an N244? Cheers.
  10. BUMP - can anyone on here help?! I can really do without a CCJ. Thanks.
  11. ** UPDATE ** I now have a 'Notice of Allocation to the Small Claims Track (Hearing)' so it looks like Cohens have filed an AQ and are going ahead. postggj, you pointed out earlier in the thread that you felt 99% sure that Cohens would withdraw, but they haven't so in your opinion and experience - and in view of the fact that the case is proceeding - what is your opinion now? Is this still what you would expect to be happening? Should I be worried that they have a good case against me? The hearing is near the end of April, but in the letter it says the following: What documents are they referring to - the ones I've posted above? How am I supposed to present them? Sorry for the daft questions but I've never been to court before and all this is very bewildering. Lastly, Cohens have not complied with my CPR request. They wrote to me in January stating: Nothing has turned up. Your advice and assistance is, as always, very much appreciated.
  12. Yes, I already submitted my embarrassed defence (see post #9 above) - do I have to submit another one? Does the fact that the proceedings have moved on to the AQ stage mean that Cohens are confident of winning? It would seem that they haven't withdrawn as postggj expected they might - or is it standard practice for it to get to this point anyway? I found it odd that until now, I didn't hear anything back from the court since receiving the acknowledgement of my defence from the CCBC on 29th October, but like I said this is all new to me. How should I go about wording the replies to the questions on the AQ? To clarify, I'm relying on the following: The CCA being unenforceable on the grounds that all I have received is a barely legible copy of an application form, lacking prescribed terms etc. One or more of the other documents being invalid The fact that the balance includes approximately £250 worth of unlawful penalty charges Sorry for all the questions but my time is very limited at the moment and I'm unable to spend hours researching similar threads as I would normally do.
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