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Orchid47

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  1. Update: Application was dismissed and case allocated Small Claims Track now so that Crabbot can make up more documents !! Application failed today due to the Screen Shot of the Default Notice I was sent as part of the Witness Statement was missing details ie the date that the Default was served. The document had a big black area on the photocopy that obscured the so called date when the Default notice was served Crabbots Solicitor said he had a tablet with him that showed this document and with the date visible and would the judge like to see it? I contested that this was not acceptable to produce evidence in Court without having been sent to me first and the Judge took notes and said to him that she would not accept this The Judge said to me surely you recognise this account and having a £10K debt on a credit card. She said that she didn't believe that I couldn't remember I said that I felt it was unfair that documents submitted by the Claimant can be accepted on Electronic versions and that its very easy to pull these off the Internet and insert an address and name etc The Judge then asked me "if I was accusing Crabbot of being unscrupulous??? I said well there are cases on the Internet where they have been The Judge didn't really comment on the rest of my Defence, other than to say she doesn't like it when people research the Law on the Internet as they don't really understand all the terminology. I said I researched on the Internet as I couldn't afford a Solicitor She then went on to chat to the Solicitor about the Trial and was 3 hrs long enough? She wouldn't confirm but wouldn't deny that the next Judge would/ would not accept a reconstituted screen shot, but that it was perfectly acceptable as long as it had the date clearly visible She then was polite but definitely trying to frighten me with regards to Trial and Court fees "If I loose the case" as she kept saying "You do understand the implications of a Trial and if you loose - don't you?" Feeling a bit wobbly now
  2. So do I need to take anything with me, or prepare any other paperwork? I don't own a suit, is this a problem? Can I have someone with me?
  3. So, Court tomorrow Any last minute advice please?
  4. Just checking please that the date required here below is the date I submitted my Defence back in 2016? being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application for Strike Out/Summary Judgment in view of my defence submitted to the claim dated 00/00/00 pursuant to CPR 24.5 (1) a&b.
  5. No. 12. This renders the exhibit as unenforceable pursuant to section 127 (1) & (2) of the CCA1974 as the alleged date of the agreement is dated XXXXX 1993 and the amendments of the CCA2006 are not retrospective to agreements entered into pre April 2007. Sorry but can I check is this correct? The bit in bold black I change to my date, and then what about the pre- April 2007 bit???? Im a bit confused, sorry
  6. No. 12. This renders the exhibit as unenforceable pursuant to section 127 (1) & (2) of the CCA1974 as the alleged date of the agreement is dated 4th May 2004 and the amendments of the CCA2006 are not retrospective to agreements entered into pre April 2007. I cant find 4th May 2004 etc
  7. ??? 4th May 2004 and the amendments of the CCA2006 are not retrospective to agreements entered into pre April 2007. (I cant locate this??)
  8. Ok thank you. I suddenly panicked that's all Thank you Re post 151, please can you tell me where the dates are?
  9. I find it incredible that they are allowed to do Reconstituted agreements Any other industry and this would be considered Fraud !!
  10. I cant find these dates Also, Ive just been reading the below thread and your response Andyorc Whilst the document they have presented to me in the Claimants Defence is titled Access Application it does have on it Credit Agreement Regulated by the Consumer Credit Act 1974 So have I got it wrong then?
  11. Andyorc I have a few questions please? 1. Can I check this fact. Has the original creditor already written off this debt as a capital loss and claimed against taxable income? 2. Re No. 4. Please can you advise me with some figures? 3. Can I double check all of point 7 and also the "are dated Nov 03 some 10 years later " ? 4. ???? 4th May 2004 and the amendments of the CCA2006 are not retrospective to agreements entered into pre April 2007. (I cant locate this??) Thank you
  12. Please let me know if you need anything else Hope this isn't too bad? claimant docs.pdf
  13. Yes DX asked me to email over to him all the docs again, so I did this this morning direct to him
  14. Ok, statement written but quite a few with ????? where I need help please? Im also not sure if Im allowed to say some of the things I have and where I feel strongly about Shall I up load it now?
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