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Neeta

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About Neeta

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  1. Thanks to all of you, I know I can be a worrier. Without the help and support of this site and the people involved I would still be paying them month on month beyond retirement no doubt so thank you so much.
  2. Just back from court. As this was my husbands debt I don't have chapter and verse on what happened but he returned to the car after an hour saying he had to go back in 45 mins for the decision but feeling like he'd lost. The focus was all on the DN, the claimant was trying every which way to explain that the formatting was lined up with the other documents and it was just a mistake that it had been printed on the wrong letter head etc etc and the judge said she had to determine the balance of probability of the DN having been sent and at that point sent them away t
  3. Received notification yesterday that says - upon considering the file and the re-opening of the County Court for face to face hearings it is ordered that the small claim trial will be heard on 17th September. What additional information might I need to arm my husband with for him to argue his side in court? I'd like to give him as much information as possible so he is prepared. Thanks again for your continued help
  4. Totally confused now. Have I missed all the deadlines ? I did ask when I got it, as it said 14 days whether I should reply by 14th. Given the current circumstances am I left with no choice but to send the statement and have it determined via the paperwork only? If so I need to get it in the post. Please don’t think I’m taking this lightly, and I’m not making excuses but the same as many others the past months have been extremely stressful, my hubby has been taking care of his parents and I’m trying to manage multiple things including this while working full time and overtime
  5. It definitely says what I put Andy, I posted it earlier in this thread but attaching it again here. sct 1.pdf
  6. I feel like such a t1t! I was just going to head out to the Post Office, checked the document sent by the court for the address to send to and then noticed that : the court considering that the case is appropriate to be determined on paper pursuant to CPR 27.10. Goes on to say - confirm that he/she agrees to the court determining the case on the papers file and served. The case shall be considered by the court on the papers without the attendance of the parties on a date time detailed. (17th July) Later... Unless both parties confirm agreement to the case being deter
  7. Sorry - one last question before I go to the post office, do I need to copy and send all the associated documents since it went to small claims track? i.e. previous defences etc? The Claimant has included those in their pack but I'm not sure if I need to do the same? Or just stick with attaching the 1) first reply from claimant, 2)reply including application form, 3&4)fake default notice with the true copy from Moorgate as evidence?
  8. Thank you so much Andy. I'll get that printed and the copies done today and posted.
  9. Thanks Andy, apart from that do you think the rest is ok. Would you feel reasonably comfortable sending that as it is (without point 6) ? Couple of other things... They do have a point in that we had continued to (stupidly I get that) pay for years and could that go against us? Or is our argument that they can't prove there is an agreement between us and them our strongest point here? Also is the fact that there were 2 accounts with MBNA a fact we can use as a point of our confusion - ie How can they prove that this application form relates to
  10. Thanks, again I don’t have anything to verify this. The default was raised on the account when it was already on a payment plan so there was no charge at the time, they say they sent a default notice because I’d asked to reduce payments due to change in circumstances and they didn’t accept the lower amount because I didn’t send income and expenditure.
  11. Thank you for your response, however I'm a little confused. The agreement that IDEM have produced is an application form and as far as I'm aware the only thing that was ever signed. A copy of it is included earlier in this post number 5 and I was advised it wasn't an agreement. I don't have any early statements, this goes back to 1995 so can't compare. The address is the same on the application form. I'm not sure what you mean by are the default payments the same, could you expand please?
  12. Received the attached and now feel like I've cocked something up as they mention a couple of times things raised in the original defence but not followed up in the amended defence and then the fact that I didn't raise the point about the default notice being on the wrong letterhead until submitting the defence. I am an amateur, they're showing me as such and I'm worried now they'll just wipe the floor with me (well my husband since it's his account). It's causing me tremendous anxiety. However, I have been working on the witness statement and I appreciate the following
  13. Update : Received the notification from court of allocation to small claims track, dated 1st June. Court date 17th July. By 4pm within 14 days of 1st June we need to : file and server any evidence by way of documents and/or statements additional to that which has already been filed and served and which it wishes the court to take into account. So, by 14th June I presume we need to write the witness statement I have seen referred to in other posts? I will get onto that now if I'm correct in my assumption and post it here for advice.
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