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  1. Thank you all dx100, citizenB, Ganymede and andyorch for your congrats and once again thank you to you all for helping, a victory for us all to share in.
  2. Okay guys an update. We have just returned from the hearing and the judge found that: Because they didn't attend (that peed her off) Because they gave no evidence for the lead claim Because the notice of assignment wasn't a proper notice just a letter Their case was fundamentally flawed and dismissed both claims. She also awarded us costs of £21 roughly for our attendance expenses. They have 21 days to appeal and 14 days to pay us our money!!! A big big thank you to all those who have helped particularly andyorch and all the team who put the work into the templates and letters. PLEASE PLEASE if you read this and this site has helped you consider a donation to help it running
  3. It also depends on how the judge views the "evidence" they have, on the balance we say no they say yes, the witness statements cancel each other out, they have statements and recon agreement we have doubt cast on when the agreement was supposedly taken out, they have only bothered with 50% of the claim. Would still like a trump card though!
  4. The cap one card is not on my wifes credit file, well not on Experian anyway, however, the Vanquis card for which we are certain is not ours is on her credit file??!! Go figure!! My wife mostly had second cardholder accounts with me and didn't need her own cards.
  5. That's about it, the £500 is definitely not ours and im fairly sure that the capone isn't ours either. But a good summation
  6. Vanquis is the lead claim and worth about £500 and Cap one is the secondary one and worth about £1300
  7. Ah I see, okay I will see what I can draft, trouble is my white books are 10 years old now!! The lead is the smaller, and the value of the claims doesn't worry me unduly, it is more the principle and keeping my wife CCJ free.
  8. Would it not be a bit risky to remove the positive elements from our claim and just leaving the contentious part? I am 99.9% confident that the lead claim will be struck out or found for defendant, its the 50/50 for the secondary claim im a little dubious on!!
  9. what about the old using her majesties court as a debt collection tool type of approach, something like............. We feel BC and their agents have acted inappropriately in trying to recover monies for an account of which we have no knowledge and they can provide no evidence and have used the courts as the ultimate sanction and have furthermore allowed their recovery methods get to the point of days before the hearing with still no evidence under CPR 31.5(2) and feel they are wasting the time of the court and defendant by brining spurious claims etc etc
  10. The very first line of our witness statement says we have no knowledge of the vanquish account
  11. So would you suggest maybe a letter to the court pointing out the lead claim has had no ws or evidence to back it up, we have had no recollection of an account in Vanquis favour, and would the court consider dismissing the claim in its entirety. The only difference between the two claims is a reconstituted agreement and statements that mean nothing (both of which could be reproduced with ease)
  12. Also our Ws did state we had no recollection of a Vanquis card. (I think) Yes first line!!!
  13. Will that get through the court by next Tuesday which is the hearing date?
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