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djc1

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Everything posted by djc1

  1. Andy, Ref the N245 I take it you are talking about getting a court order set aside ?
  2. Well folks just back from court, I lost it all went so fast I had trouble keeping up with what was going on. Quick overview of what happened, Arrived early and was approached by the claimants representave, he informed me that they would be arguing that the Limitation period started from the Default Notice, #and gave me a copy of the BMW V Hart Case, He also gave a copy to the court usher/ cleark who commented Too Late, The representave also offerd me a last chance to negotiate a settlement before we went before the Judge. I asked how much would they be looking fo
  3. Just a quick update folks, The big day tomorrow in court, will let you know what happens fingers crossed.
  4. Just going over my original docs and the ones they have in their wit statement there are several differences, On their copy of the DN my name is in a different format ie Mr aaaaa b ccccc and not Mr a b ccccc. The address they sent it to is an address i have never lived at The amounts are different. On the copy of the alleged Notice of Assignment from Santander, They have the same address that I have never lived at, That would be the reason I never got one. On the copy of the alleged confirmation of Assignment from Hoist, They have the same address that I have never lived
  5. Hi Ford, Yes it is correct that the amount stated in the dn (in january 2010) is re the arrears,would it be helpful if I typed up what it says in the DN ?
  6. Ford, In the Terms And Conditions they sent to me in response to my request for a copy of the agreement under the (CCA) it says, In The Payments Section. Your Payments. 1.a If you have taken a loan for payment protection insurance (PPI) you agree to pay us the total amount payable for the loan and the PPI loan shown on the Credit Agreement by monthly instalments shown and on the dates shown or on other dates which we may notify to you, having regard to what is convenient to you. b. If you have not taken Payment Protection Insurance, you agree to pay us the total amount payable
  7. Hi Ford, On my original copy of the agreement there are no sections regarding Termination, Ending The Agreement, or Payments. In the Terms And Conditions the various sections are headed, Your Payments, Application of Payments, Default, Bankruptcy etc, Disclosure of Information, Settlements of Existing Accounts, Optional Payment Protection Insurance, Your Instalments, Early Settlement, Personal Agreement, Extentions of Time etc, Transfer by Us, Definitions, I will go through all again and look for what you mentioned, I will also post up what it says under Your Pa
  8. Thanks Andy, very informative info, Ford, I have been through all my docs, and the ones they have in their witness statement and there is no mention of limitation periods, so i guess as Andy mentions, If a contract which is governed by English law makes no mention of limitation periods, then the statutory periods provided for by the Limitation Act will apply - usually, six years from the date on which the cause of action accrued for simple contracts,
  9. I received a copy of Hoists witness statement from Cohen solicitors, Looks like they are saying it is not SB because the cause of action is the loan termination date which was 30 Jan 2010 and not the last payment date, To highlight this point they refer to the court decision made in the case of BMW Financial Services (GB) Limited-V-Hart Case No B2/2012/0849: where it was found that the limitation runs from the point of termination. They have also included a reconstituted copy of the default notice which has several mistakes in it , I guess it would not be a good idea to
  10. Can anyone go over my witness statement and give any advice please ? IN THE COUNTY COURT Of xxxx xxxx Claim No. xxxxxxxx BETWEEN: Hoist Portfolio Holding 2 Ltd Claimant AND xxxxx xxxxx Defendant WITNESS STATEMENT OF xxxxx xxxxx 1. I xxxxx xxxxx the defendant in this claim appear before the court as a litigant in person make the following statement believing it to be true will state as follows: 2. It is admitted that I have in the past had financial dealings with Abbey. 3. On the xx June 2009 I made a payment of £xxx.xx by direct debit to my Abbey loan I r
  11. That's a big help, thanks dx 100uk i will get started again on my witness statement, i have a few weeks to draft it and send it off before the deadline, and a little over a month before the court hearing.
  12. Ah ok back to the drawing board then, I guess i should lay it out like you suggest in this post then, Post no 26 http://www.consumeractiongroup.co.uk/forum/showthread.php?367250-Help-Witness-statement-for-statute-barred-defence/page2 Thanks Andy.
  13. Just working on my witness statement and need some help on what to put in Paragraph 3 WITNESS STATEMENT OF xxxxx xxxxxxx I make this Witness Statement in support of my defence in the claim and will state as follows; On the xx of December 2015, I received a claims form from the County Court Business Centre, Northampton, for the amount of £xxxx.xx [EXHIBIT A]. The particulars of claim state: 1. That this claim is for the sum of £xxxx.xx in respect of monies owing pursuant to the Consumer Credit Act 1974 (CCA) under account no xxxxxx xxxxxxxx. 2. The debt was lega
  14. Just working on my witness statement and looking for some pointers as how to do it. Should I just list the particulars of the claim and state something along the lines of the debt is statute barred, and list the last date I made a payment
  15. Hi All, just a quick up date Its been over a month since i sent off the letter to inform the court that settlement has not been agreed and that I do not want an extention of the stay. I have not heard anything back from the court, so I guess no news is good news.
  16. I have to inform the court by next monday 28th if settlement has been agreed or if an extention of the stay is required. I have two questions, is there a template letter anywhere that i can use ? and as i have not heard anything from the mediation service or Cohen, should i say an extention of the stay is not required ?.
  17. Thanks Guy's will get started on the witness statement
  18. Just been through the letter again Andy, And at the start of the letter it says District Judge Name has considered the statements of case and questionnaires filed and allocated the claim to the small claims track. Then in the Notes it states, If you cannot, or choose not to, attend the hearing, you must write and tell the court at least 7 days before the date of the hearing. The district judge will hear the case in your absence, but will take account of your statement of case and any other documents you have filed. Defo no information about having to file witness statements, or state
  19. Will get the wit statement on the to do list thanks Ford, I will also inform them that I do not wish to continue to mediate.
  20. Thanks Andy I missed that, Each party shall deliver to every other party and to the court office, copies of all documents on which they intend to rely upon no later than 14 days before the hearing along with a signed statement of truth. I guess that the documents I intend to rely upon is a copy of the SB Defence and a signed statement of truth ? there is no mention of preparing a witness statement in the letter.
  21. Just a quick update, I received a Notice of Allocation last Thursday the 3 march, 1. it has been allocated to the small claims track 2. There be a stay in proceedings of 1 month to allow both parties to negotiate settlement by way of small claims mediation service, have not heard anything from yet 3. Both parties to inform the court by 4:00 pm on 28 march 2016 if settlement has been agreed or if an extension of the stay is required, I take it that I do not want an extension ? 4. Details of the time and date of the hearing at local county court 5. A hearing fee of £335
  22. I will stick to the loan is SB and leave it up to them to prove other wise
  23. Just a quick update folks, Today i received a Notice of Transfer of Proceedings letter from the County Court Business Centre, transferred to a local court for hearing. I also received a letter from Cohen solicitors with the claimant's N181 and draft directions which they say that they request, 1. The claim be allocated to the small claims track. 2. There be a stay in proceedings of 1 month to allow both parties to negotiate by way of claims mediation service. 3. Both parties to inform the court by if settlement has been agreed or if an extention of stay is required. 4. If settlemen
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