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barafear799

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Posts posted by barafear799

  1. My internal brain has suffered a temporary meltdown.

     

    I convinced myself my court date was in August, and had been preparing myself to get ready in plenty of time. Then I got a letter from Restons with copy of their witness statement for case on Wednesday!! That's three days time.

     

    Just re-read my posts on here and I did say July on here. Apologies, but I'd like to request some last minute advice for what to do in terms of court case. As an update on this case, the main sticking point was the lack of t&c with the copy of agreement that Restons/arrow sent me.

     

    Within this new evidence pack, they've included the following statement ( no access to scanner at the mo, will hopefully upload tomorrow): "exhibited to this witness statement is a reconstituted copy of the Personal Loan Agreement Terms and Conditions which embodied the Agreement the Defendant entered into with the original creditor."

     

    So, first question is: is this good enough? Why did it take them so long? I'm feeling nervous going to court, up against solitors, and not knowing whether my defence is enough to convince judge. Also, is it too late to add anything new? Any help at this stage would be hugely appreciated.

     

    Thanks BF

  2. Apologies - I should have come back to this one sooner.

    I am a little bit "inundated" with various issues at the moment.

     

    I kind of lost track of what was happening with this one.

    As per the advice on this thread, I sent off the usual requests for info.

     

    And since then, I don't really know what I've received or not received.

     

    However, I then got a letter/email from court inviting me (and them) to go down the mediation route.

    I felt this was a preferred route - so I agreed.

     

    However, one of the first questions on that email is:

    "I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate"

     

    That got me thinking - did I ever get a copy of the credit agreement?

     

    I found a couple of letters from Lowells - latest dated 8 March - in which they state : "We note the contents of your defence, please be advised we have requested the credit agreement, statements and default notice from the original creditor Marbles"

     

    I've searched high and low to see whether I missed a letter from them - and decided to call them to double check (big mistake probably) - the "helpful" lady put me on hold to speak to a manager (apparently the content of the letter - which I typed above - was not clear as to whether it should be them or Marbles who were sending it to me!) - she came back to say "still waiting for the credit agreement from Marbles, we'll send it to you when we get it" - ok, so this is now more than 2 months since my request and 6 weeks since their letter saying they'd "chased it up" -

     

    clearly - I'm frustrated.

     

    No point in accepting the "mediation" route - but is there any suggestion for my next step?

     

    Do I just wait?

     

    Thank you.

  3. Do I need to make the next move?

    How do I find out the reason for the adjournment?

    Is this simply to allow Arrow/Restons time to get some documentation together?

    I'm still uncomfortable about "accepting" liability and effectively accepting their offer?

    Would there be much point in trying to negotiate? Down to £1500 perhaps in instalments?

    I assumed their £2500 offer was "all in" - no "costs" to be added?

  4. Hello all, as I've said on this thread many times how grateful I am for all your advice.

     

    As you know my "court date" was last week to hear Arrow/Reston's attempt to strike out my defence and seek summary judgment against me.

     

    On arriving back in the country,

    I've had a few letters

    - my local court did not email me the outcome of the case despite the fact I emailed them my witness statement.

     

    I, therefore, know very little as to how the decision was made.

     

    Firstly, letter from court states :

     

    A hearing will take place at my local court in July!!

     

    Then two separate letters from Restons:

     

    "Please note that we have been informed by our Client that you were previously issued a letter by the Claimant informing you that as documentation relating to your account was not available, your account was unenforceable.

     

    We have investigated this matter and it appears the letter was sent in error and that documentation is in fact available. We are awaiting copies of said documentation to be provided to us and we shall then send copies to you.

     

    Please note that at the hearing last week the claimant's application to strike out your Defence and to enter judgment against you was adjourned for a period of 3 months. We are currently awaiting a further hearing date."

     

    Clearly this letter was written before the new court date had reached them.

     

    However, there was another letter from Restons in a separate envelope waiting for me.

    It was dated the same date (the day after the court case last week):

     

    "In view of the error made in the issuing of the Claimant's letter dated 02 March 2017, our Client has asked us to contact you with a view to resolving this matter amicably, which would negate the requirement for Legal Proceedings to continue.

     

    We therefore write today to inform you that our Client would be willing to accept the sum of £2500 as settlement of your account and this figure is valid until 31 March.

     

     

    Upon receipt of the settlement sum by this date, we will send you a settlement receipt in the post and notify the Court that these proceedings can be discontinued.

     

     

    We will then close our file and return the account to our Client who will update your credit file at the CRA.

     

     

    Your credit file will show that this account has been partially satisfied and any entry on your file may remain there for a period of 6 years from the date of the default.

     

    We await your response."

     

    Quite an interesting turn of events.

     

    Suffice to say - I'm not completely sure which letter I received in error!!

     

    Also, I don't have £2500 to pay by 31 March.

     

    But, surely making this offer makes it sound like they are buckling?

     

    Any advice please?

     

    Cheers.

    B

  5. With Andy's help, I have expanded my original statement a little - focussing on the lack of T&Cs and default notice.

    I might still have some improvements to make (advice please??):

     

    1. I am the DEFENDANT in this case.

     

    2. I make this Witness Statement in defence of the claimant’s application for “Lifting the stay, strike out the defence and enter judgment”, and the evidence pack they have provided in support of their application.

     

    3. Within the evidence pack from the claimant is a copy of a letter I wrote to their solicitors (Restons) (dated 22/12/2015) requesting information under CPR 31.14 for the disclosure and the production of verified and legible copies of four specific documents, relied on or implied, by their original particulars of claim application.

     

    4. I also wrote to Arrow on the same date as follows: “This letter is a formal request pursuant to section 77 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.” (copy of full letter enclosed)

     

     

    5. This information did not arrive before the deadline for me to file a defence to the claim.

     

    6. Subsequently, documents have been sent (as described in the evidence provided by the claimant for this hearing), however, a default notice has never been provided and is not part of the evidence produced by the claimant for this application.

     

    7. I would contend that under Section 87 of the Consumer Credit Act 1974 (The Act) the creditor must deliver a default notice which complies with all of the requirement of Section 88 of the Act and of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 before the Claimant will become entitled to terminate the agreement and make any demand for early payment. It is my case that no default notice which complied in the respects referred to was ever delivered to me by the Claimant

     

     

    8. One of the documents on which this claimant relies, a true copy of the original credit agreement, is lacking vital information on which it relies, namely the Personal Loan Agreement Terms and Conditions; the document provided by the claimant makes reference to several clauses of the Terms and Conditions (namely 6, 7,8,9,10,21 and 22).

     

    9. I do not believe that the documentation provided by the claimant shows that the debt still exists (original loan agreement dated 2003); Within my original defence, I admitted to having had financial dealings with Egg Banking in the past, however, this does not purport to an admission of signing the Credit Agreement (Claimant’s exhibit LT1), being provided with a loan or the fact that the loan has not been repaid. I believe it is the claimant’s responsibility to prove these allegations to be true, rather than me to dispute them.

     

    10. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed .

     

    thank you......

  6. Andy> Many thanks for getting back so fast.

    So, would you suggest that a witness statement mentioning the failure to produce a default notice is my best cause of action - rather than my "shabby" attempt at a witness statement which more focussed on the lack of T&Cs provided when they produced a copy of the "agreement"?

    There doesn't ever seem to be any mention of the default notice - and certainly the evidnce pack for this summary judgment hearing doesn't seem to make any mention to a NOD - only a couple of "NOA" letters - which they have produced copies of.

    Would I be right in thinking that a NOA is irrelevant is a NOD was not sent- or that Arrow cannot provide?

     

    Thanks - itching to get a letter sent off so that I can comply with providing it seven days before the case.

     

    Thanks!!

  7. Andy (or anyone)> I might be missing something here - but I'm confused about the reference to Notice of Default (NOD) - in particular :

    5 The Claimant contends otherwise and in support of its contention that a compliant default notice was delivered to me relies exclusively on a screenshot from a “Mida” system that shows the entry XXXXXXXXX NOD

     

    6 I understand the claimant claims that NOD stands for Notice of Default.

     

    7 The claimant has already admitted in a letter dated xxxxxxx that they are unable to produce a copy of the default notice.

     

    I could not see anywhere in the evidence provided by Arrow that they have failed to produce or are unable to produce a NOD. Nor, can I find any direct reference to a screenshot from a Mida system which shows an entry mentioning a NOD?

     

    Is anyone able to clarify please?

  8. Arrow Global CLAIMANT

    -AND-

    “Barafear” DEFENDANT

    First WITNESS STATEMENT

    OF Barafear

    I, Barafear of “xxx road, xxx town, AB1 2CD” would say (if I were able to attend) as follows:-

    1. I am the DEFENDANT in this case.

    2. I make this Witness Statement in defence of the claimant’s application for “Lifting the stay,

    strike out the defence and enter judgment”.

    3. Following the receipt of a court claim on 16/12/2015, I wrote to the claimant requesting a

    true copy of the credit agreement, together with other documents required to be provided

    pursuant to section 77 of the Consumer Credit Act 1974.

    4. This information did not arrive before the deadline for me to file a defence to the claim.

    5. Subsequently, documents have been sent (as described in the evidence provided by the

    claimant for this hearing).

    6. However, one of the documents on which this claimant relies, a true copy of the original

    credit agreement, is lacking vital information on which it relies, namely the Personal Loan

    Agreement Terms and Conditions; the document provided by the claimant makes reference

    to several clauses of the Terms and Conditions (namely 6,7,8,9,10,21 and 22).

    7. I do not believe that the documentation provided by the claimant shows that the debt still

    exists (original loan agreement dated 2003); Within my original defence, I admitted to

    having had financial dealings with Egg Banking in the past, however, this does not purport to

    an admission of signing the Credit Agreement (Claimant’s exhibit LT1), being provided with a

    loan or the fact that the loan has not been repaid. I believe it is the claimant’s responsibility

    to prove these allegations to be true, rather than me to dispute them.

    Statement of Truth: I believe the facts stated within this Witness Statement to be true.

     

     

    Thanks DX. Reference to exhibits was only there if necessary. Should I be making reference to their evidence and saying it's not fit for purpose?

     

    What was your ref to post 59? Is this the section of the act I should be referring to?

     

    Thanks agian

  9. Dear All

    Many thanks so far.

    Now it's my turn to do some work.

     

    I am fast running out of time

    - in order to get my witness statement to Court and Restons (or do I need to send to Arrow) seven days before the proposed hearing, I need to post tomorrow.

     

    Am I able to hand deliver the copy to the court (as it's within a couple of miles of me)?

     

    So far, my original defence was fairly brief.

     

    Since then I did the requisite CPR and s77 requests for information

    - which did not turn up in good time (hence the reason for the case being stayed)

    certain parts now form part of Arrow/Reston's evidence (posted by me in an earlier post).

     

    I need help to word my witness statement please and on what point am I focussing in order to not get a judgment made against me?

     

    I'm very much focussing here on the credit agreement supplied which does not contain the requisite terms and conditions.

     

    In my witness statement, do I need to refer to the part of the CCA act which states what I should have received, or what they should have produced as part of their evidence?

    Is it simply S77 or is there another part? please.

     

    If you could get back to me tonight please, I can finish off my statement and post by tomorrow.

    I will attempt to put up a draft to allow for some feedback.

     

    attached is a very "draft" copy of my proposed witness statement.

     

    Some questions:

     

    I was tempted to go through Arrow's evidence and rebuke/refute each item - but decided to keep it short.

     

    However, I do want to ask whether the fact this is such an old debt (ok last payment made in 2012, but originally "signed" in 2003), and the only evidence they have produced are "screenshots" of accounts

     

    - also, I have seen no mention of this debt on my credit reference files for the last five years.

     

    None of these feelings are applicable I guess

    D - but any advice as to what I need to add or delete from my statement much appreciated.

     

    Thanks

    witness statement.pdf

  10. Thank you for taking the time out of your weekend to respond.

    I am most grateful.

     

    I really wish I could attend, but it's really not possible.

    I do feel quite perturbed I did not get the chance to complete a form stating dates I was unavailable.

    I know this form exists because I've had it for a separate case.

     

    I will study the latest advice above and work on a witness statement.

     

    Court case is on 16th, guess I need to post to Restons by Wednesday to get there seven days before?

  11. Looking back at what they have provided and are relying on, the page detailing the "Personal Loan Agreement" states:

     

    This personal loan agreement, which incorporates the Personal Loan Agreement Terms and Conditions supplied to you with your copy of this agreement (The 'Personal Loan Agreement Terms and Conditions') contains the terms and conditions on and subject to which, we, Egg Banking plc.........agree to provide the loan described below to you.

     

    And within that page, there is a reference in the "payment terms" to "clause 10 of the Personal Loan Agreement Terms and Conditions"

     

    I'm assuming this is the "crux of the matter" - and I should be looking to provide written evidence to the court focussing in on this specific point, claiming that Arrow/Restons have not complied with the requirement of Section 127 (subsection 3 and 4) of the Consumer Credit Act 1974 to provide "all the prescribed terms of the agreement"

     

    I would be immensely grateful for support/guidance in compiling this written evidence.

     

    Thank you.

     

    One last point:

     

    Can anyone actually tell me how this will work in court - I presume Arrow/Restons will have someone in Court - so will my "written evidence" not carry as much sway as a "professional solicitor" talking legal talk with the judge?

     

    I really wish I was able to make the court date - but unfortunately it's not possible for me to get out of my pre-booked flight - without incurring a significant financial penalty.

     

    Thank you again

  12. Thanks once again Ford.

    I've been really busy at work this week - so this has lapsed a little and now my court case (which I cannot attend) is less than 2 weeks away.

    I read up on Part 24 rules. In there it states I should submit any written evidence to the court and the other side 7 days before court date - although elsewhere I read it was 14 days.

    I believe as I will not be attending I need to supplying some written evidence.

     

    Actually - I've just read the "evidence pack" from Restons. and they state Seven Days.

     

    I do "urgently" need some assistance from the guys on here with my written evidence.

     

    I think it is just a case of "prove it" but also relying on the fact that their copy of my agreement did not contain the prescribed t&c as required of pre-2007 agreements.

     

    Is this enough to rely on to "win" my case?

     

    Thank you.

  13. Thanks Ford.

    Sorry, I've been looking around for similar threads to mine, with some success stories.

    Can you expand on the Civil Procedure Rule part 24 etc.

    i.e. expand on the etc.?

     

    Also, can someone assist by going back about 30 posts on this thread and guiding or advising as to whether the agreement that Arrow are relying on for their case is "enforceable"? Does it contain everything it should? where should I be challenging it?

     

    Also, can someone advise "how long before the hearing" must I "provide any evidence/or indeed a letter stating I will not be able to attend court on the date stipulated, and asking the court to deal with things in my absence"?

     

    I know it's a lot of questions - sorry - and I would be massively grateful for some guidance to move this forward as the date of the court case gets closer (18 days).

     

    Thank you.

  14. Hi,

     

    Did anyone have a chance to look at my uploads and advise on my next course of action? Especially as I am unable to attend court on the date and unable to pay £250 to change the dates.

     

    I am focussing on getting Arrow to "prove" that the debt is still outstanding, and whether the paperwork (credit agreement) has all the prescribed terms and conditions - it appears to be some sort of reconstituted agreement.

     

    I am looking around for similar cases to see what the outcomes were - but without much luck.

     

    Thank you.

  15. Tried to call court. It's just a "general" call centre - so no "discretion" available.

    Was told that if I could get the consent of the claimant, I could apply for a consent order to change the date, at a cost of £100!!!

    Without their consent, £250!!!

     

    So that's a no-goer for me I'm afraid.

     

    So, I'm left with providing written evidence in my absence, and probably resigned to the fact that Arrow will send a local solicitor and win the case.

     

    Any assistance please?

  16. I couldn't find a letter asking me to fill in suitable dates for a possible court date. Given the two letters above are only 13 days apart, it seems unlikely one came. I think I Googled how to change a court date and read that I should have had a letter requesting black out dates?

    Does anyone know about the fee or avoiding it?

    Also, some advice about what I should be doing in terms of my upcoming date?

    There was some mention the loan agreement they sent did not have the prescribed t&c attached? Can someone confirm whether I could argue this point in court?

    Thank you.

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