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steve2577

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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? or Do I wait for the Claimant to respond and if unsatisfactory then file it with the Court say after the 21 days. Also on the N252 am I the Claimant or do I keep it as the original claim details in that I am the defendant?
  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 Manager or some other Senior person. My confusuion is the Civil Evidence Act seems to give a lot of discretion to the Court in deciding what can be used and what cant be used. Example If the Civil Evidence Act is quoted and an illegible copy is accepted by the Judge as evidence thereby making this in effect a true copy of the original, then other issues are open to question like who would sign something where most of the text was illegible and if there systems are so great why cant they send a proper copy of the original. If a reconstituted or illegible agreement is submitted as evidence how strong is the Hearsay argument that is quoted in the Civil Defence Act 1995 (sorry to be so obscure here but I have to decide on pushing for this or not within the next few days). The Civil Evidence Act 1995 states Section 8 proof of statements contained in documents (1) Where a statement contained in a document is admissible as evidence in civil proceedings, it may be proved: (a) by the production of the original. (b) whether or not that document is still in existence, by the production of a copy of that document or of the material part of it, authenticated in such a manner as the court may approve. (2) It is immaterial for this purpose how many removes there are between a copy and it’s original. Section 9 Proof of records of business or public authority. (1) A document which is shown to form part of the records of a business or public authority may be received in evidence in civil proceedings without further proof. (2) A document shall be taken to form part of the records of a business or public authority if there is produced to the court a certificate to that effect signed by an officer of the business or authority to which the records belong. For this purpose— (a) a document purporting to be a certificate signed by an officer of a business or public authority shall be deemed to have been duly given by such an officer and signed by him; and (b) a certificate shall be treated as signed by a person if it purports to bear a facsimile of his signature. (3) The absence of an entry in the records of a business or public authority may be proved in civil proceedings by affidavit of an officer of the business or authority to which the records belong. (4) In this section— “records” means records in whatever form; “business” includes any activity regularly carried on over a period of time, whether for profit or not, by anybody (whether corporate or not) or by an individual; “officer” includes any person occupying a responsible position in relation to the relevant activities of the business or public authority or in relation to its records; and “public authority” includes any public or statutory undertaking, any government department and any person holding office under Her Majesty. (5) The court may, having regard to the circumstances of the case, direct that all or any of the above provisions of this section do not apply in relation to a particular document or record, or description of documents or records.
  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 faults for charges etc. My full hearing has been set for Dec so I might be in the forefront of having to fight this particular argument. Steve
  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 stated in part 231 so basically if I dont get a Strike out then full hearing and the fact is can they produce the document the burden of proof is on the claimant?
  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 default sum to the extent that the interest is calculated by reference to a period occurring before the 29th day after the day on which the debtor or hirer is given the notice under this section. I have some threads but not updated for months as I am getting some assistance privately. I struck first by issueing Restons with a Strike Out application for summary judgement so probably took them by surprise, they Restons sent a copy of an agreement but this is different to the original sent by HFC so basically the left hand doesnt know what the right hand is doing its my first court hearing and I am in a mess financially so if I eventually lose it doesnt really matter there is nothing to pay them. Faulty DN is very strong followed by incorrect or faulty agreement I can PM you my initial defence I used for the MCOL claim and also my full defence I used in the AQ and also my Witness statement for the hearing if you like.
  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 in mind it might go to full hearing and it might be beneficial to me to have everything inadmissable, but I want the agreements referred to and included within the correspondance to be used as evidence as these are flawed and not correct. Good this is complex isnt it?
  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 relevant if we refer to recent cases and the judgements about signed statements). On closer inspection of the agreement they sent clearly indicates its an agreement from 2003 (and even refers to UK law 2004) and my agreement was taken out in 1999 (I am OK on this point and have included this in my witness statement). I have also included in my Witness statement that the claimant admitted that no copy could be found but of course this goes against the without prejudice clause. (Hope the next bit reads OK) I have subsequently written to the solicitor (lets call this letter EX1) acting on behalf of the claimant and in this letter I made a referrence to the Without Prejudice letter (lets call this letter EX2) originally sent by the claimant in response to s.78 request and enclosed it as an attachement. In my witness statement I have included the letter sent to solicitor (EX1) + attachements (EX2) defined as Exhibit EX2 + attachements. The question is am I on dodgy ground here in that will it really annoy the judge if I try to slip into evidence a without prejudice letter or can I claim as an LIP that I wasnt aware of the legal issues. When without prejudice is used is the whole letter inadmissable in court or just anything that might be detrimental to the claimant? I quite like the fact that what they sent me as a copy of my executed agreeement is nothing of the sort so I dont want the Judge to declare the whole letter and everything received inadmissable as evidence as this might give the claimant an opportunity to rectify the mistake and issue a new set of agreements if the application for SJ is not approved and a full hearing is set. But this would then devalue anything that resembles or cohuld be claimed to be a signed statement. Can the claimant choose anything positive to their case included as evidence from a without prejudice letter and choose to have anything detramental to their case declared without prejudice and therefore inadmissable?
  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 and although this may sound rather procedural it isnt because there are many hoops for the claimant to jump through before he gets enforcement even then the Judge and the court can only take from you what you have to give each month so the Debts are frozen and the payments are normally at a rate that is managable. There are many ways to fight a claim (more of this is you decide to fight and stand your ground). I took on 14 at the same time (first one in court now) the others in various stages, realistically I may win 50% and lose a few with the others somewhere in the system for years to come. (I do not recommend that anybody does what I did 14 issues at once the stress has been enormous). If I was you I would fight them and you will be surprised how things go in the end if you cave in then let them Bankrupt you and then you save £600. One word of warning I am reasonably intelligent but it does grind you down and the big question is are you a fighter most people say they are but often cave in. Your choice capitulate now or fight but dont fight if you havent got the heart to fight its very very time consuming learning the issues but in the end could be well worth your time. Final warning each CC company is like a virus that doesnt go away you have to answer letters, dispute everything and ensure you play the game. Most of all you will need at least 100 hours reading the threads on this site just to become capable of handling the issues (but hey 100 hours for a potential £50k doesnt seem that bad an hourly rate). Regards Good Luck
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