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  1. Hi All I wonder if I should receive separate notification of the hearing date by letter of the Court and further to the refusal of my application to strike out? The reason why I ask is I hope that the claimant is required to appear with the original agreement as there are a few discrepancies which suggests to me it is not a true copy of an original. I would expect to know or even slightly recall consolidating a loan. Since this case started 4 years ago, no one I have communicated with has provided this agreement as a result of my request under section 77, but have done so way after and never as a direct result of my request. It has been actively avoided. I am sure that I am not crazy just yet, though mystified by the legal system and it's ability to be manipulated. The burden of proof is certainly on me and I feel attendance at court by the claimant is a key requirement so that they are required to respond to questions I wish to raise regarding the claim. Can I make an application to the court for an Order for the claimant to attend in a small claim? Your advice would be welcomed.
  2. Thanks DX I was having a lot of difficulty with getting the documents in format for posting. Maybe a problem on the computer, but likely to be me and the stress of it all.
  3. Thanks Brigadier. I have much to look into, so I will come back once I have had an opportunity to look at the advice shared by The Mould.
  4. Thank you Mould and Uncle B! I've not given up and will certainly be doing my research. Thank you for being here and all of CAG to point me in the right direction.
  5. Many thanks Mould I do not have a default notice, but a default was registered against my account many years ago and dropped off a few years ago now. I have asked the OC several times for the notices, but they have not been forthcoming. Hence the sale no doubt. I have not had a default notice from Lowells. I am grateful for the time you have taken to provide such extensive information. It will take some time to go through all of this with a fine toothcomb, but I certainly will do. It is unfortunate that I have to go and argue my points rather than be able to write them as a defence. Is it possible that I too could advise I am not attending the hearing and have my statement of truth for the hearing without appearance? In the meantime, the breaches to my statutory rights as I understand are as follows: The agreement is not the original (you will see it says original to dept on the copy they have sent) There is no default notice for me or the court to ascertain if it was in the format required under statute and if I have been afforded the opportunity to correct the default within the required period (I have asked the OC for this, several years ago and they said they don't have to provide me with a copy) There is no notice of termination of agreement Now in my first court appearance the judge advised that I didn't have to have those notices, when I stated these were not provided, however, the CCA is specifically referred to in the statement made by BC, therefore I feel I should be afforded compliance with the statutory requirements of the CCA 1974. It is a difficult thing for a layperson such as myself to respond to what feels like a total disregard, therefore I feel I need to acquire legal representation for this matter. In addition to this, I will also be looking through the information you have provided and thank you all so much for your time in helping me.
  6. I am still trying to get my SAR to do the comparisons Uncle B (30 days and still deliberating about signatures not matching), but I should have that in time for the court date.
  7. Trying again....here goes. Not working picking up wrong
  8. sorry this is not working for me. ive had to delete the post [/url]
  9. Very sorry Citizen B, I will try and find a way to do that and re-post. Thanks for the advice. I thought it looked a bit small on the screen.
  10. Now re-attached final 2 posts. Thanks for the admin assistance with removing promptly. Apologies for any inconvenience.
  11. Hi Mould Your assistance is appreciated. I'm hoping I have attached the documents correctly. I have a few more to send, as I have attached the maximum I can at the moment. Thank you for offering your time to have a look.
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