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Everything posted by Stressed150

  1. Had the hearing for this case this am, to which the claimants rep also attended. Exchanged a few words the rep before being ushered into the court, to the effect of, neither party had anything further to add by way of evidence, and that we had each read the others WS so knew what to expect..... After being ushered into the court, the judge began by grilling the claimants representative on notices of assignment, as it appeared the debt had been assigned to several different companies, there was one in particular the judge highlighted and queried whom the company was,
  2. In court with this one this morning, just a quick question Do I need to take a copy of the defence as well? I'm taking my WS and bundle and also the claimants WS and bundle
  3. In court in a few days time with this one, and last minute nerves have kicked in, what do I do if the judge asks whether it's my signature on the application form? Do I go to the court in formal business dress?
  4. Hi can anyone please advise if I need to amend my defence? The only defence I have submitted is online, the says the claimants poc are cafe abd generic in nature (I believe it's one of Andys templates). Also, feeling extremely nervous about this as day is getting closer, I absolutely can not afford to have a CCJ against my name under any circumstances, therefore if the claimant wins the case, can I dispute the fact that the account is made up of unlawful charges and PPI? This adds to over half the balance on the account. Thank you
  5. Absolutely. Do I need to amend my defence too? To make it similar to what is now in my WS?
  6. Lol!! No I added c. Show how the claimant has a legal right to issue a claim under equity or statute
  7. Is it appropriate in my case to request the claim be struck out based on inconsistent filing of evidence by claimant? The above is my final draft, just need a final opinion, before it is bound and sent of special delivery today. This will now reach the court and claimant one day late! Im really worrried!!! Whats the worst case scenario? In court on 24/07 Many Thanks for all your help Not feeling confident at all, just need the once over before I send this off today, many thanks Ok, off to send, just for clarification, part C I have added, show how the claimant,. has
  8. IN THE COUNTY COURT AT XXXX CLAIM NO XXXXX BETWEEN 1st CREDIT (FINANCE) LIMITED and Witness Statement of xxxx I xxxxxx, xxxxx the defendant will state as follows: 1.The claimant claims that it has now supplied me with the relevant documentation required and complied with its duty under section 78 of the consumer credit act 1974. In doing so,
  9. Any of the money the claimant is claiming and the costs it is claiming Do I need to include a background to the claim section? If I do this do I need to include the original defence etc? Also is it recommended to include my WS that I used for summary judgement? Many thanks
  10. The final, final, final draft, which I need to post today, to reach the court and the claimant today somehow, otheriwse I risk the claim being struck out? If I could get the once over on this befire posting, that would be fantastic.Also just to confirm, the debt does not become statute barred if a claim has been issued before the date it is due to become statute barred? For example, this debt would have been statute barred as of feb 2015, however MCOL claim, was issued in 11/2014. IN THE COUNTY COURT AT CLAIM NO X
  11. Final, final draft, if someone I could get tyhe once over on this that would be amazing, also, if I refer to an exhibit which is enclosed my bundle, however was originally provided by the claimant for example a statement, and is therefore referred to as " I refer to the statement enclosed by the claimant" Do I refer to their page x or my own page x? Many thanks in advance IN THE COUNTY COURT AT CLAIM NO xxxxx BETWEEN
  12. I'm only hand writing the page numbers on the documents to be used for evidence, as I don't have anyway to type up numbers on photocopied pages. The default notice as per page x does not comply with section 88 of the consumer credit act. further to this as per pages x to x of statements enclosed by the claimant it is evident that unlawful charges and interest continued to be added to the account after it had been terminated. Andy, do you think the above is sufficient? Also do you think the draft WS including this paragraph would be ok? Any further suggestions would be much appr
  13. Is it frowned upon if I hand write the page numbers ? I'm really concerned as my WS will reach court and claimant 1 day late,
  14. OK, so this is my final draft, Id like to egt this sent off tomorrow, or same day on Monday, as in court on 24th July. I feel I should mention about the default notice here, however, not sure what exactly to say, other then it does not meet section 88 of consumer credit act, and was terminated one day before, however, as the claimant points out, the account was not infact terminated by the OC as they continued to add charges and interst after termination of the account, which was later rectified..... Many Thanks in advance
  15. IN THE COUNTY COURT AT xxxxx CLAIM NO xxxxxxx BETWEEN 1st CREDIT (FINANCE) LIMITED and xxxxx Witness Statement of xxx I xxxxx, of xxxxxxxxxxxxxxxxxx, the defendant will state as follows: 1.The claimant claims that it has now supplied me with the relevant documentation required and complied with its duty under
  16. Ok, here's what I have so far, I realy dont know if Im on the right tracks with this, also I think I shot myself in the foot, as at summary judgement the cliamant had submitted a computer screen shot of alleged default notcie with names dates and amounts blanked out, I then cleverly decided that I would submit the actual default notice as part of my defence as this was not meeitng section 88 of the consumer credit act, and account was terminated one day short . Surprise, surpirse, the claimant has now submitted this defaukt notice as part of witness statement. The cl
  17. In the process of writing this as we speak, I shall post as soon as possible. Also if I have to submit WS to court and claimant 14 days before hearing does that mean 14 working days (not indicated in the directions) Many thanks
  18. Claimants Witness statement The claim relates to a halifax credit card ref xxxxx. On xx/xx/xx the defendant applied for and obtained a credit card. a copy of the signed agreeemnt is at page x and the termsn and conditions applicable at the time are at pagesx to x. I refer to the text above the defendants signatire which states " This is a credit card agreement regulated by the consumer credit act 1974. Sign it only if you want to be legally bound by its term". Pursuant to the HBOS reorganisation act 2006, Bank of scotland plc acquired the assets and liabilities of halifax plc. T
  19. To my case, as I am not arguing the credit limit amount per se, however, the application they have sent me in response to CPR is indeed illegible and does not contain the credit amount, also the TandC attached on a seperate page do not relate to the account as they stipulate that late payment towards the account would be £20.00, however the attached account statements clearly indicate that fees of £25.00 were added to the account, is this worth pointing out as part of my defence/WS?
  20. Hi Andy Does this mean that first credit quoting this, or indeed the case of HSBC v Brophy is irrelevant?
  21. the claimant has now submitted a defence so need to write mine up, they quote HSBC bank Plc v Brophy. I have just read up on that case, and it seems that it's pointless to argue that the alleged agreement is unenforceable, as per the HSBC bank Plc v Brophy case, the judge decided that the signing the application was in effect an executed agreement despite the fact that the form being signed was an application form. I'm quite concerned, I want to defend but now I don't know where to start
  22. Thank you for your guidance I have just had a check of my credit report, and it appears that first credit are recording information (defaults every month for the passed 6 months) against me on my creddit file, are they allowed to this, seeing as this is an account in dispute?
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