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Stressed150

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Everything posted by Stressed150

  1. Hello trial date for this is end of July, and am in the process of preparing my WS for this, just a few points that I need clarification on please? 1. Looking through my paperwork, I may not have actually sent a CCA request to first credit, only a cpr request - to which an unforecable application form with terms and conditions was sent to me, do I still need to send a CCA request? 2. Do I need to ammend my original WS as submitted on MCOL to the same as that which i will be submitting now? This is not stated in the notice of allocation to the small claims track, however prior to this
  2. Ok so just an update on this one Had mediation appt which lasted less then an hour, mediator explained that both sides need to cut to the chase to see if we can come to an amicable solution and see if we can meet in the middle as motivation is financial and mediator advised anything discussed during the process is without prejudice so cannot be used by either party should the case proceed to trial. Needless to say the claimant started closer the higher end of the balance disputed on the alleged account - bottom line we came to no resolution and case will now proceed to trial.
  3. During the mediation process if I offered a small payment as full and final settlement without admission to debt and they reject my offer could that go against me if the case does proceed to trial? My main concern in all this is that the alleged agreement is improperly executed and therefore unenforceable if I make any offers of payment would that be considered an admission/acknowledgement of debt? This alleged account is made up mostly of charges and interest when I look over the documents/statements I have been sent.
  4. Just an update on this - now on the process of going to mediation, appointment has been arranged for next week, do I need to prepare anything for this?
  5. I have now recieved a response from the court advising me case has now been allocated to small claims track, however they feel case is suitable for mediation and I should contact mediation service - strangely it appears that a hearing did take place on the 3rd Nov despite the claimant advising me they had written to the court to have this vacated! Obviously I didn't attend the hearing on the 3rd and the letter from court makes mention of this - however how am I supposed to attend a hearing that's supposedly been vacated?! Is this normal procedure? Or are the claimant trying to play clever
  6. I definitely don't have any other DOQ - I remeber receiving one for mediation but distinctly remeber there were no dates for trial etc - it only discussed mediation I have searched everywhere at home and have all documents relating to this case - I can't find anything at all, and am concerned now as I have contacted the court and have not had a reply as of yet Any advice please? Thanks in advance
  7. Hi Andy Thanks for response - this date was for summary judgement to which I responded (debt WS to claimant and court) and claimant then sent me a letter saying they have applied to have summary judgement hearing vacated and will low case to proceed to trial. Do I now submit a new WS? (As indicated in post 62?) Surely I get a new date for trial if hearing on 3rd nov has been vacated?
  8. Do I get a new notice of allocation for trial? I get this may come off as a silly question but I've looked through all my paperwork relating to this case and I don't have a trial date or a date telling notice of allocation dates/exchange of witness testimony. Have today emailed the court requesting this information
  9. 1. 1. This statement is made in opposition to the claimants application for summary judgement and by which the claimant contends I have no real prospect of successfully defending the claim against me. 2. The claimants claim is for £xxx for monies due and owing together with costs and interest. 3. 2. It is admitted that I have in the passed held accounts with the Halifax. It is denied that I ever entered/signed into an agreement on xx/xx/xx. 4. 3.The claimant claims that an agreement exists between the Halifax and me the defendant, at trial I shall contend th
  10. Ok - so update on this already Had a letter from 1st Credit today advising me that issues raised in my WS are new and need to be addressed by the OC. Therefore 1st Credit are withdrawing application for summary judgement with no order for costs and to allow matters to proceed to trial. Small victory thus far?? Do I need to do anything at this stage? I was thinking of photocopying the letter and posting to court? Thanking you all in advance (esp Andy)
  11. Do I need only submit my WS to the court and claimant or do I also need to sumbit other paperwork I intedn to rely on? Can anyone please help - really need to get this off today Many thanks
  12. Hi Andy When you have a moment, would you kindly post some examples or direct me to a thread where I could possibly see one? Many thanks
  13. So do I not submit a WT the same as I would anyway-? No I don't recall an application being attached to their DQ - they had requested the case go to mediation as had I, however after not hearing from anyone for several weeks, I contacted NCCBC and was given contact details for mediators, however, when I contacted the mediation people, they advised me that 1st credit had decided they no longer wish to mediate and wish to go to straight to court stage. I did receive a letter from first credit ststaing they will apply for summary judgement if they dont hear from me, however this letter
  14. Thank you for the link - but this is extremely confusing - so 1st Credit are requesting the court to grant CCj without trial?? Im more confused on where I stand now? Do I not submit a WT of my own in that case?
  15. 1. I am the in house solicitor of the claimant company etc etc etc 2. I make this statement in support of the claimants application for summary judgement under CPR part 24 BACKGROUND TO THE CLAIM 3. The claimants claim is for xxx for monies due and owed together with costs and interest. The claim relates to Halifax PLC credit card under account xxxxxxxxx. The Halifax application is signed and dated xxxxx and is attached at page xx. The first agreement between the defendant and Halifax is produced at pages x to x pursuant to HBOS group reorganisation act 200
  16. Am I right in assuming the prescribed terms are not within the main body of the text? There's The terms and conditions appear seperate and prescribed terms are not apparent on the barely legible page that contains a signature Any guidance please?
  17. Is anyone able to offer any advice? Is the above now considered a reconstituted agreement? Looking back at the docs sent to me as part of cpr the account appears to have ppi and Atleast half the balance is made up of charges and interest Any advice would be much appreciated as I really want to get WS sent off ASAP Many thanks
  18. Hi Andy. I have to submit WS and standard disclosure 7 days before the hearing date which is 3rd Nov
  19. here is the first page of their response to my request - it is barely legible Here is one set of the TandCs that were sent as part of the bundle Part 2 of the terms and conditions is attacjed here, unfortunately I have not been able to upload these to word, as the only way I have been able to upload these is using my camera phone Any guidance will be much appreciated Thank you in advance This is followed by approximately 13 pages of what appears to be two sets of terms and conditions- none of which are actually on the back of the applicaiton form, and are on sep
  20. Hello I have a hearing date early November relating to this account- Do u need to submit a witness statement to the court or can I rely on my original defence? The claimants solicitors have sent me the witness statement they intend to use on the day of the hearing. It contains what appears to be reconstructed terms and conditions attached to an application form. Interestingly though it also contains a dodgy default notice with lots of detail omitted - this is definitely different to the I r I was sent by the OC when I initially sent a CCA/SARaby years ago Any g
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