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About steve2577

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  1. Apologies for not updating the thread I have been in a real battle over the last 6 months and there was an indication that the Claimant was pre-empting my every move so I kept a low profile which may have helped in my case. Some good news I was due in Court in Dec on a Fast Track claim. They Discontinued the claim at the last minute. I am having some difficulty in clarifying the procedure for claiming costs and was wondering if anybody could help in one small detail. When I fill out the the N252 do I send a copy to the Court and to the Claimant if so what is the cost of filing an N252? o
  2. I have an ongoing case and would like to quote the Civil Evidence Act 1995 with regards to the Admissibility of Evidence Stored on Electronic Document Management Systems BIP0008 I realise that the LAW and what is considered best practice BIP0008 are 2 different things and there seems to be a lot of discretion for the Judge. Has anybody been successful in quoting BIP0008 and getting a claimant to produce all the relevant documentary evidence or are Judges accepting the legal admissibillity of documentsby the Banks if something is signed by an officer of the business i.e. Director or Manag
  3. Again received in disclosure statement by Solcitior reference to CACS Computer Assisted Collections System can anyone shed any light on what this is? Regards
  4. Hello I have just received disclosure from solicitor and they include ceaser print does anybody know what this is? Regards
  5. High I have been out of the CAG for a while but I was handed this case a few weeks ago by a Barrister when I went for Summary Judgement against HFC the Judge decided the case required a hearing and I wasnt given the opportunity to declare my well prepared speech showing how the case was doomed. I to am interested and will try to contribute Restons have responded to my Witness statement by saying that the DN issued did not constitute enforcement under the meaning of section 78(1) my particular case mimmicks others hear in that the DN is faulty by a number of days and also has the usual fau
  6. Just to let you know where I am Claim received by MCOL and I defended and asked for Strike Out Claim passed to Local Court at this point N244 and again asked for Strike Out this has been referred for a hearinf in Chambers with myself the Judge and Restons end of July. I submitted my first CPR 31.14 request and also notice of estoppel if they dont reply I have another letter ready to go in a few days to supliment this. At this point xxiting myself but think I have all the facts and a full witness statement ready to go. At the end of the day as per Carey v HSNC & Others
  7. HFC wrote to me and used without prejudice in the heading but in the letter they confirm the account was opened in 1999 but sent me a copy of an agreement that on closer inspection is a 2003 copy. SO means Strike Out I have a faulty DN and incoreect agreements so this is my main argument, if the Judge dismisses this and it goes to a full hearing I will then bring in all the other issues of which incorrect POC could be one of them I have this as a reference to interest. CPR 16.4 states (4) The debtor or hirer shall have no liability to pay interest in connection with the defaul
  8. Thanks for taking the time Diddydicky
  9. Hello I am in a similar position regards HFC going to Court in afew weeks for my SJ hearing for SO. Quick Question as I have same letter same POC same reply when I checked my POC amounts they dont add up in that the DN total has been increased by £12 on the POC amount claimed. Also the interest calculation added to the claim doesnt allow for the full 28 days after the date of service of the DN before any interest can be added. I know it might be something and nothing but I am trying to find out what implication/s a POC Claim has if it quotes incorrect figures.
  10. Its nearly a month before I am in Chambers and hopefully I will be prepared but very aprehensive. Imagine I start to go through my witness statement then 5 seconds later the Claimants Solicitor objects and the Judge piles in with some severe criticism about introducing an inadmissable piece of evidence it's going to throw me off balance, unless I am prepared for what might happen and maybe what the answer might be. So has anybody had any experience of this?
  11. Some advice from anybody who has been in chambers as this my first time in court ever (I am 51 years Old). Ref the Without prejudice letter which has things within it that could be positive to the claimant and also could be be positive to me as the defendant. Can I ask the judge for clarification as to what can and cannot be used as evidence in a without prejudice letter and then take my oral statement from there? If the answer was that if both parties have no objection then the letter can be included. So what would my answer be at that point when I look the Judge in the eye bearing
  12. I have a Summary Judgement hearing for a SO in a few weeks and as this is the first time in court was wondering about Without Prejudice I am a LIP. I made a S.78 request in Oct 2009 and received a letter from the claimant headed without prejudice where they stated "no copy of agreement can be found" in the same paragraph they also state "we have provided a copy of the executed agreement". Also within this letter is a breakdown of the account and of the course the letter is signed (not sure but it may be claimed that this constitutes a statement and is signed by the Creditor which could be
  13. No they are clear as a court fee and solicitors costs the amount on the POC is £12 more than the amount on the DN.
  14. This is a question that relates to my situation I have changed the actual values to clarify the point. I have a Default Notice and a claim form where the figures dont match. If somebody gets a claim form and it says on it that the amount on the Default Notice is say £1,000 but if the same person looks at the Default Notice and the amount is say £950 then I would believe that the claim should be struck out as it is the wrong amount being claimed. Does anybody know if there is any particular CPR that applies? Or what does it fall under?:-?
  15. First thing there are hundreds of people on this forum that know a lot more than I. But if I tell you my story it will maybe provide you with a decision. Bankruptcy is easy but painfull no bank account as such administrator wanting to know where every penny is spent so prepare to cancel the gymn, stop smoking and make sandwiches for lunch. I have £90k of debts no job no money and I am slowly moving forward with the debts how is this you may ask. The Banks have made and continue to make a lot of mistakes. If you end up with a CCJ and remember the Judge has to enforce the debt a
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