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clarity99

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About clarity99

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  1. Sorry Andy, it was my first post after yours, but I see it's missing So.......The Claimant failed to file and serve in accordance with Orders and the Judge had serious concerns resulting in the evidence being EXCLUDED for that reason, BUT it was considered ANYWAY and found that even if it had been allowed, the Claimant's case failed all the same, as they were in default of my S78 request, their Claim lacked evidence in the form of a Default Notice, Letter before Action, Assignment, Statement of Arrears (thanks Andy:thumb:), Reconstituted Agreement and probably more, but I couldn't keep
  2. thank you and I wish you well with yours Tigger. Bear in mind that they are a professional firm of debt purchasers so if ANY of their evidence is defective, remind the Judge of this and that they've paid 'pennies on the pound'. They cannot hide behind 1st party failure to supply documents- if they don't have it but need it, they shouldn't have brought your case to court C
  3. Yes, they used a local agent. So I suppose my victory should be all the sweeter
  4. I wish you well with your case Lily. Please remember MKDP are a professional debt purchasing company and the bar should be set VERY high when they bring these matters to court. They have paid "pennies on the pound" for their assets and whilst you can't make them produce any commercially sensitive documents, the courts do expect evidence. Paying 'pennies on the pound' for toxic assets that 1st party creditors can't or won't enforce is a compelling arguement. Why sell off at a fraction of book value when they can process it through the court and seek to recover the full value? OK, so
  5. Judge took a dim view of the Claimants late filing but considered their evidence anyway, I referred to Mitchell v News of the World as they hadn't asked for relief from sanctions in advance. Several elements of their claim were defective and as a result ..... CASE DISMISSED Thanks Andy and DX, I came in here last minute and asked for your help and you delivered. Top marks.
  6. Thanks Andy, your help is gratefully received and truly appreciated. Will update tomorrow. All the best C
  7. thanks Andy- I think I have my bases covered, will see how tomorrow turns out. Any final pointers you care to share- not that you haven't shared enough already C
  8. "Failure to give notice of sums in arrears" Is this applicable to a credit card agreement or only for fixed sum agreements? Or is the assignment of this credit card debt effectively transferring it to a fixed sum? C
  9. oh er great piece of writing Andy- credit where it is due though, thank you
  10. Thanks Andy- I'm swinging back to positive now, this is really last minute I know . I've noticed my posts include many 'buts' and that usally indicates I'm disagreeing or what have you- I'm not and I genuinely appreciate your help and expertise. I guess if I need to show my section 78 request, the Claimant might object as it wasn't served/filed with the papers. I'm hoping my reference to it in my Defence will give some grace with the Judge. I've seen very few others to compare with mine, but I've taken it to mean that if you want to submit anything it must be done in a cer
  11. '6. Each party must deliver to every other party and to the court office copies of all documents on which that party is to rely at the hearing no later than fourteen days before the hearing' I've taken that to mean that as I've nothing to submit as I'm not relying on anything, I won't need to file or serve anything. My initial defence has been included in the claim pack so the Judge will have that; other than my S78 requests on MKDP and Barclaycard (will I need these) I don't have much by way of correspondence. MKDP still haven't provided anything to show they have been assigned anyt
  12. Would the inclusion in their witness statement remedy their Section 78 default? After their reference to Carey v HSBC they state 'The agreement is therefore rendered enforceable and amount due under the same is fully recoverable' - you were bang on the money! C
  13. Fair point Andy, but I hadn't any documents to file. The Order required 'any documents you wish to rely upon be filed and served...... in accordance with the Order of xxx' I understand that it is for the Claimant to prove their case, which they will struggle without any of their documents; unless they have a very good reason for not doing so, the Judge may be pursuaded to throw it out - OK, maybe wishful thinking. I read somehwhere on CAG about Mitchell v News Group Newspapers [2013]and I'm hopeful the Judge will be onside. Thank you again for this, I hope you can bear with my flappi
  14. Thanks Andy Just so I am clear, does this mean they don't need to provide me with an agreement for my Section 78 request but will need the original for the trial as they are enforcing the agreement?
  15. They have quoted Carey: 'In the matter of Carey v HSBC " a creditor can satisfy its duty under s78 of the CCA1974 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itselfd" ' They have included a "conditions of use" which appears to be an example of the terms and conditions. There is no date to this. There is a further set of T&Cs dated 2012 that has my name and current addreess. My address in 1992 is on a seperate page with a box in the middle that reads: "your right to cancel: Once you have signed this agr
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