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About barafear799

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  1. Thanks for the prompt response. Although I will feel slightly awkward putting in a two sentence response to the claimants 100+ page WS!! Should I allucidate on the exact reasons for the dispute.. .i.e. no proper signed credit agreement primarily plus a few other points of shoddy paperwork or audit trails. Thanks Andy and everyone else.
  2. Hi, Having had a PM exchange with Shamrocker (thank you) I've been advised to upload the General Order/Judgement that was sent to me at the end of September. Can someone (possibly Andy) clarify that I need to complete a WS for my "side of the bargain". Obviously, I have just received and uploaded the claimant's WS so I suspect I do, but the actual order was "vague". Many thanks B General Order & Direction Oct19.pdf
  3. Thanks DX. I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before. Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here. Thank you. B all other letters.pdf claimant_[part]_witness_staement_(1).pdf
  4. Hi, The deadline was yesterday for the claimant to respond and they did - I got a large pack in the post. 100 pages in all!!! Consisting of their witness statement, followed by " the purported credit agreement" - and then just numberous statements - conveniently with a 10 year gap between the "signed agreement" and with a different account number - as previously mentioned. There's also copies again of the assignment notices from both LTSB and Hoist (and their various umbrella companies) - with the previously mentioned anomoly of the outstanding amounts being vastly different - LTSB being almost £2000 more - am I to believe that Hoist just wrote off £2k? I didn't really follow that what I received previously was the cue for me to be thinking about a witness statement. but that is what they have provided. So, they have added 7 pages to what they previously described as the "signed credit agreement" - clearly the additional 7 pages are just a set of terms and conditions which they have plucked out of somewhere and are now trying to fob off as being part of my signed agreement. I now have until the end of October to state whether I am still in dispute - clearly I am - but I would appreciate some guidance with putting together what I need to put together. Is it a full "witness statement" - and rebutting the "evidence" (or lack thereof) that they have provided? Many thanks B
  5. Ok, quick update on this. Mediation didn't happen - mainly because I missed the deadline for agreeing to the date - I didn't realise the deadline was quite so tight - and I had been away for the weekend and not reading my emails - anyway - although it was bad to not formally respond, it didn't really make too much difference because due to the lack of viable evidence provided by the claimant, mediation would have been pointless. So I've been waiting to head what court date has been allocated to my case. However, instead I received a "General Directions or Order" letter. Sorry - I meant to bring it in (to where I'm writing this).....but basically the gist of it was that the claimant had 14 days to respond providing evidence e.g. signed credit agreement etc. - and then I had 14 days after that to respond stating whether I accepted that evidence and whether I wanted to withdraw defence. The letter was sent around the beginning of the month - therefore their 14 days are more or less up - I haven't heard anything - albeit, I need to factor in postage times - but surely this means my 14 days are not really 14 days....but more a case of the time left before the end of October and when or if I get anything from the court of the claimant with their evidence. My question really is: Is it a stupid question - but I cannot really do anything until I receive anything - at the moment, the court won't know what they've sent me (in response to my CCA request) - i.e. the poorly presented application form - meaningless statements - no clear signed credit agreement etc. - so this step is basically the court asking whether there is enough evidence in order to allocate a court date? I'm assuming I should get a copy of whatever the claimant provides to the court? Many thanks
  6. Ok, I've since had a letter from the solicitors. But all it contained was a copy of the Mediation details "urging" me to complete what I had to do. This rather preempted my next question. I'm assuming I do not contact the solicitors and chase up the appropriate paperwork - nor do I let them know my reason for turning down mediation - this is all just done through the official channels? Thanks
  7. So, I've had my email from the mediation people with a proposed time/date. But also asking the three designated questions, with one of them being about "having all the evidence" - clearly this hasn't happened - nothing arrived since from the solicitors, so all I have is the almost illegible application form, together with some "statements of some account with a different number" from 12 years later. So no credit agreement.
  8. But again, I go back to the process. Clearly, they haven't (yet) provided the requisite evidence to show the debt is owed, therefore their case should fail. But they have what seems to be an inordinate amount of time to "magic up" some sort of reconstituted document to meet the needs. Even if it probably bears no resemblance to anything I may or may not have received back in 1998, it doesn't seem to matter? Sorry to sound a bit defeatist.......
  9. Ok, found a scanner. Scanned the letter from the Solicitors stating what they are providing me. Even though as Dx has correctly assumed, they clearly haven't provided me with a copy of the credit agreement. The quality of the scan is no worse than the copy they have sent me. It was difficult to redact the bits I wanted - the scan clearly couldn't properly define the individual "boxes" on the form. I've probably not redacted all the bits I should - but they are so unreadable I have no idea what they're supposed to be showing!! If anyone has better eyesight than me and spots anything personal or confidential that has not been redacted please let me know. Thank you. I've left a bit of the "number" shown at the top - this was a 16 digit number - presumably the number allocated to me when/if I was provided with a card from this application. In my eyes, this is not a signed copy of the credit agreement. So presumably, they don't have the basis to take this claim any further? As I mentioned in a previous post, mediation would only be an opportunity for me to offer them "pennies in the pound" as a settlement figure. I haven't included copies of the statements they have sent - as I said, these are from a period 12 years after the "application form" - and also not even in line with the date of the assignment that they have claimed in previous correspondences. In addition, they are for a credit card with a different number to that attached to the application form - and bearing no resemblance to the "account number" they quoted in their original POC on the claim form. Hoist Letter &CCA_redacted.pdf
  10. Thanks for the response. I've already been stitched up by reference to Carey Vs HSBC......I was more referring to another case....not sure if I can link on here....so I guess it's Moore Vs MBNA.....sorry, haven't managed to get to a scanner yet.....clearly when I do scan a copy it might look even more illegible. I think as DX states, it might be an application form
  11. Thanks DX Will do. As it is, I have an update. I got a letter from the solicitors yesterday, which included their N180 form but also included an alleged "signed copy credit agreement" and a number of statements from 2010. It's always been my understanding that the signed credit agreement needs to be a legible signed copy. This is anything but legible. Clearly a print out of a scan. I can just about read the odd line here and there - but no t&c attached - or if they're included on the main form they are in blurred tiny print. The agreement appears to have a date of signature of 1998. There is what looks like a "sticker" attached showing what the credit card number was (16 digits). However, this number does not correspond with the copies of the statements that they included from 12 years later. The copy credit agreement is for TSB (this is the old TSB before their merger with Lloyds) The statements are "LloydsTsb" - Is the change of number important? Is it possible that when Lloyds "merged" with TSB that they "re-numbered" their customers credit card accounts? I haven't got a copy to upload with me at the mo - but it is really hard to view - would this be "down to the judge" if it went that far to decide? At the moment, if it did go to mediation, I'm not that minded to be making anything like what "they" would consider to be a reasonable offer. This just feels like one big fishing expedition with "limited" evidence. Advice much appreciated.
  12. Just to clarify, I shouldn't or don't need to, include signature, phone no. or email address on copy sent to solicitor? Thank you.
  13. I clicked on above link, also search on CAG, and on Google - all without a definitive answer - which makes me think the answer is "no". But..... Does the N180 form need to be completed on paper and posted to Court and other party, or is there an email/online version please? Many thanks. also, any need to send registered post (if post is the answer to above)?
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