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rochdalecowboy

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About rochdalecowboy

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  1. I really don't know what to do for the best now, i worry that if i appeal and get a different judge he wont overturn what "his mate"has decided, but i really do believe the judge lacked any knowledge. The court experience terrifies me and i am thinkin of gettin a firm to represent me if i do appeal, if i can find a "no win, no fee" type of firm to take it on(I know they are rogues as well)
  2. the judge didnt seem interested in the law, he basically took the opinion that i used the credit card so ive got to pay it
  3. Just back from court the judge has given them judgement, the judge was different to the last hearing and he was a complete ****, i got the feeling he was against me from the moment i entered the room, he didn't see it as a problem that they didn't have the original agreement and thought that there explanation was ok that they just didn't have it, he dismissed my claims re the default notice, and just kept going on about using "probabilities". Gutted but would like to thank all of you who took the trouble to help me i appreciate it so much
  4. I put in a defence i got from this site many months ago, before the 1st case, i turned up for court (naievely) not realising the need to also do a witness statement, i just told the judge i wanted to rely on my defence and that as they were taking me to court it was up to them to prove that i owed them the money. The judge was ok with that , when the case was adjourned he just asked marlin to get the original agreement and for them to produce a new witness statement, he didn't ask me for one.
  5. 2nd class 14 days from 22nd (31 days in oct) would surely be the 5th nov wouldn't it
  6. 14 days from 22nd oct would be 5th nov so they are ok with that aren't they
  7. ive just noticed that the last statement that shows any charges is march 2006
  8. looking at the statement from that month the min payment was £537 , the OUTSTANDING BALANCE was £4580.74. the default notice definetly says the min monthly payment £4580.74
  9. the statements are from feb 06 - may 08 the charges are - default fee £40, late charge assessment £25, overlimit chg assessment £25, the default notice (dated 17/10/07) 1. provision of agreement breached: (a) payment of the minimum monthly repayments on the payment dates. 2.nature of breach: (a) you have failed to pay the minimum monthly repayments totalling £4580.74 3. Action required to remedy payment of the minimum monthly payments, namely £4580.74 referred to in 2(a) by 05th november 2007
  10. the notice of assignement has no mention of any amount owed
  11. I haven't told them i have this but unfortunately for the first few months i made payments to them
  12. 1.the agreement which i signed is an application form but does say at the bottom that it is a credit agreement, ther are no terms and conditions on it 2. They have sent me a seperate copy of the terms and conditions at my last hearing she said these would have been on the back, but i argued that anything could have been on the back 3. they haven't got the original there statement - the original credit agreement is unobtainable as HFC Bank plc's premises do not have the storage capacity to retain and file every customers original agreement. A true copy of the agreement was scanned onto HFC
  13. ive got a notice of assignement from marlin saying date of assignement 20th may 2008, then a further letter from marlin giving me notice that on 18th july 2008 they acquired all rights to the account. There is nothing from HFC. None of this was br recorded delivery
  14. just trying to pick holes in ther case, there is only a copy of 1 default notice( does ther need to be more?), the copy of the application form to which they are relying on is signed by me on 10/04/03, there signature is dated 24/4 (no mention of any year), but i think my main arguement is that they have only got a copy of this and a seperate copy of terms which don,t have my name or anything connecting it to me
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