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Benny1973

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Everything posted by Benny1973

  1. Also more than happy to provide an exact transcript of the Judges summing up of this if anybody is interested in it
  2. Have considered it. Is it worth it ? What's the likelihood of success ?
  3. I almost forgot. They wanted to impose extra costs at the end for my apparently "wasting the courts time for even bringing it to court" At one point it even looked like he was considering this but came down on the side of "I had a few relevant points" so knocked this back !
  4. Honestly he didn't want to know. They could have brought anything and he'd have accepted it. He was more than happy that Carey allowed you to use anything reconstituted as long as it had a signature and address. I was shocked he can't have taken much notice if any of my witness statement
  5. Thanks. That's the thing also. When he said the full amount plus cost was payable he took immense pleasure in informing me the full amount MUST be paid within 28 days. Little other option. Honestly it was horrific.
  6. Absolutely awful that. Judge was vile. Upheld everything they claimed. Statute barred runs from default notice termination not last payment. BMW case is good to use with credit cards too. Carey was also good to use with any old agreement thrown together. Even pre 2007 ones. Lost on everything. Still in shock
  7. Thank you. Final question. How long do these things generally last ?
  8. Hi The date in court for this is later this week. Any final tips or advice anyone can offer ? What to expect ? Will I have to talk much or will the judge see from the witness statement my argument ? Cheers
  9. Many thanks Andy. Do I reel off a copy to cohen, the court and keep one for myself ?
  10. This is my draft WS "IN THE ******* county court Claim No. *********** BETWEEN: Claimant Hoist Portfolio Holding 2 Ltd AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It i
  11. particulars of claim are as follows This claim is for the sum of £1773.21 in respect of monies owing under an agreement with the account number xxxxxxx pursuant to the consumer credit act 1974 The debt was legally assigned by MKDP LLP ex barclaycard to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to s87(1) CCA The claimant claims 1. The sum of £1773,21 2. Interest pursuant to s69 of the county court act 1984 at a rate of 8 percen
  12. I did think their ws states agreement was march 2006!but what they are providing shows 2005. Can I use this in my ws ? Am I able to quote their ws in my ws ? Surely I should be the one asking for it to be thrown out as they have after this ?!
  13. Guess this may be why https://www.marketingweek.com/2005/10/20/black-horse-and-morgan-stanley-launch-credit-card/
  14. I thought that. They are saying it's Morgan Stanley for barclaycard in the ws but what they have thrown together shows black horse. Under part 2 the agreement it says "This is a credit agreement between us Morgan Stanley bank international" But has a black horse logo ? Confused
  15. Will this do ? I have left out the statememts, default notice they have provided cause they offer nothing more really Thanks for your help. hearing is 13th of july so my WS has to be there Friday I think
  16. Yes today - I have it with me looking my last payment date was through a debt management agency in November 2010. So statute barred November 2016. I didn't receive the moneyclaim from Hoist until January 2017 earlier this year.
  17. Arent I also admitting the money is owed if I wade in with "my last payment was xx/xx/xx" ? Cant I just claim its stautute barred and then its up to them to prove its not ?
  18. I agree but at that point I wasn't sure of the date of my last payment nor the default date so didn't want to risk it - im still not because the apparent statements hoists have sent have no payments on them. Therefore I don't have a definite date to give although I would guess its 2007/8 ish. Not sure my guessing will be taken as solid evidence
  19. Hi So far having followed threads on here I've managed to deal with a hoist claim on a card from 2005 for £1800 before court fees on moneyclaim online for £2800. They were supposed to have paid a fee by 15th June otherwise it would be struck out similar to a thread on here by "musicam" I rang the court a few days after said date and they hadn't paid although the lady said there was some leeway in case they had paid by cheque. I rang again yesterday still having heard nothing expecting to be told it was struck out but was informed its going ahead as they have paid th
  20. Don't remember having one of those if i'm honest. Deposits ? It would have been long before 2008 - possible that i last used it to withdraw in 2006/2007 no later than that anyway. I would hazard a guess a deposit was last made in 2006. Is it worth me sending a SAR to find out the details or ring Santander ? The account only appeared on my credit file after i stupidly updated my address on a santander flexi savers account i hold with them. Manipulating the default date is very sneaky of them however
  21. This would have been a current account with overdraft though so chance are i wouldnt have made any payments in. As such the default could have been a fair while after i last used the account as its not the same as a loan or CC when you have to pay every month ?
  22. They may still back down. My parents didn't make them the offer. They will make the offer now i think because if my parents wait for their next offer it will be similarly bad i imagine. They are going to get some legal advice first anyway
  23. I don't know the month Would a SAR include the default notice they should have sent me ?
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