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About alsodada

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  1. Thanks Havinastella and shamrocker. Your comments most appreciated. The judgement was for about 5k. I was also surprised when the judge accepted the claimant's witness statement even though the person who signed it is different from the person who deposed to it. Starts with "I Jim Smith" and is signed by Deirdre Jones.
  2. Thanks. The hearing was on 18/9. I asked for leave to appeal. Refused by District Judge.
  3. Hi, I will be pleased for comments on a matter that has gone against me at the County Court as I am thinking of appealing the judgement. The claimant's witness statement was signed by a person different from the person whose name is on the statement. The claimant was not in court but the District Judge accepted this. The claimant did not exhibit the default notice, The judge did not consider this relevant. The copy of the agreement exhibited was illegible. The judge found that it was reasonable to assume that the terms required under the CCA were contained notwithstanding its illegibilit
  4. Many thanks to Gaston Grimsdyke, postggj, pt2537, peterbard and caro. I greatly appreciate your input and comments. Bless.
  5. Hi everyone and thanks very much for the contributions. I'm afraid that I am a little slow in following all the arguments so kindly bear with me. In answer to perterbard's question, the creditor is LloydsTSB. If I get the general gist of contributions it is as follows, otherwise please correct me: 1. Faulty DN is better than no notice. 2. Creditor can use witness evidence and reference to inhouse computer systems to lay strong claim that the DN was sent out. 3. If creditor does this then it is assumed that the DN meets legal requirements and the suggestion that it may or may not
  6. Dear Caggers, I am a defendant in a matter in court and the initial order of court was for the lenders to serve both the Credit Agreement and the Default Notice. The Credit Agreement was duly served and the lender then applied for the Order to serve the Default Notice be set aside admitting in the application that: a) The Default Notice is no longer in their control as they did not keep the original b) That they have no proof of postage (Although they assert that the notice was sent out through the computerised system) and c) That they intend to address this issue through witnes
  7. Thanks diamondgirl. Amex did inform in their default notice that the matter may be passed on to a DCA. I made the mistake of speaking to the DCA and in view of the conversation with the extremely aggressive person I spoke to, I can see why your advice not to speak to them is right. The conversation went nowhere, consisted of the person making threats, telling me to stay quiet and listen to him as he spoke over me, in short a total waste of my time. Plus it caused me an unbelievable amount of stress. When I told him that I had done an SAR request, he told me that notwithstanding what I had
  8. Forgot to mention that I was served with a default notice earlier this month. I assume that NOA means Notice of Assignment? If so no, although the default notice does state that the matter may be referred to a DCA
  9. Thanks everybody for your comments. I am most obliged. I edited out my details including my signature on the second page. The DCA is Newmans. In the event that court proceedings are unavoidable, how long does it usually take to get that far? Once again, thanks
  10. Hi, Advice from anyone who knows will be most welcome as this matter is causing me intolerable stress. I took out the Amex card in 2006 but following unemployment, I have had difficulties keeping up with payments. I wrote to Amex with an offer for reduced payments which I have kept to as well as letting them know that I will pay off arrears and principal as soon as I get on my feet again, which realistically, should be in a matter of months. Amex has now terminated the agreement and passed the matter on to a very hostile DCA who are now threatening court action. Is my agreement (
  11. Thanks Exclus, you are a star. Very useful indeed.
  12. Anyone with any draft challenging cca on illegibility of document sent?
  13. Sorry but I am getting worried and desperate here. Any ideas/ templates on letter to write?
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