OH forgot to mention I also had a letter from MBNA saying they had no Credit Agreement from 2 years earlier!!!!

Is there any way to question the Court Procedure?????????I really do NOT understand why as a LIP that you need to have everything in by a certain date and then anything can be brought to court literally the day before?Something is really quite amiss !! Is there a way to appeal? Cheers

Unfortunately they did and the judge allowed it. I had them on non compliance of sec 78..The terms and conditions were different to default notice.They said it was a mistake so served a new WS on Friday afternoon,in normal post.This WS had different T&Cs which they said complied with their obligations.After judge said they were poor in putting wrong conditions for 7 months of action, ultimately he said you had money ,you owe it so pay it plus their costs SJ in their favour. Regards a disillusioned(with the legal system) Lutin.

Cheers DX I will try to find them,this is the 2nd hearing and I had them stuffed on sec 78 non compliance but I have now had 3 different terms and cond.cheers Lutin

Right, very quick BIG ASK for help. Does anyone have the terms and conditions for MBNA/Virgin credit card for 2011. I am in court tomorrow am .and they have stitched me up like a kipper serving a witness statement a working day before hearing ...I know they should not but the judge may allow it and if he/she does I am dead in the water!! A hopeful Lutin.

It just feels like "what is the point" researching etc when he had not even bothered to read my WS properly

The District Judge was not interested in my arguments on the enforcibility of the agreement ..he only wanted to know if I signed the agreement. .he asked the barrister from Pestons to supply a running statement of the account(in 56 days). I think that he just wanted another judge to deal with it if pestons supply a running statement they can apply for Summary Judgement again. It was very frustrating as the Judge did not want to go into any detail as to the enforcibility of the agreement...ahhhhhh. This is so frustrating, I don't know if the Judge was on my side or not....but I think not. He barely let me speak and Pestons barrister was pretty crap ,said about 3 words with no conviction whatsoever. Cheers Lutin

Thanks,I will pause before response.It sounds such a cliché but without c.a.g I would have given up a long time ago:!:

Well I am off to the hearing(SJ) tomorrow will see what happens???You never know the solicitor might be a babe .......if you are reading Restons...do you employ Babes? lol Other than that any advise would be appreciated from fellow CAGGERs such as things to say to judge or even coming to an agreement(sic)

+ 1 Brigadier

Thanks

1 more stupid question,can I put my ws online only or do I need to send an actual copy to the court and Pestons( I need to send to these I know) ta

No Pestons did not send the enveleope,Oh my god have I been confused, more than a confused person at the wrong confused persons conference

You are a lifesaver thanks,will see what happens cheers Lutin

I take it that I have waffled too much.Thanks Andy CB it was a letter inviting me to withdraw or SJ would be applied for

Cheers CB x

Andyorch would you take a look at my w.s it needs to be in today,am getting very worried.sorry to pressure you. Witness Statement 1. This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that I have no real prospect of successfully defending the claim made against myself. 2. The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act. 3. I filed a defence whereby I put the Claimant under strict proof as to how I entered this Agreement. No response was received. Prior to this I had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim. The first request was on the 22/10/12 which the claimants failed to accept as it was unsigned. The second,24/10/12 which was not responded to even though it was signed. I believe the spirit upon which CPR rely means that they should have responded to my requests, especially as i am a LIP(see T1 and T2) 4. I am NOT in agreement that ”xx” the true copy of theagreement Is slightly difficult to read. I contend that it is not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983 (SI 1983/1557). Regulation 2 states: 2 Legibility of notices and copy documents and wording ofprescribed Forms (1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature,be easily legible and of a colour which is readily distinguishable from the. On the front of the agreement there is a box with words that are completely illegible, not slightly difficult to read. On the true copy there are parts of the agreement missing; on the alleged reverse side (1e) there is a paragraph missing after the words ”wewill not charge interest” and the next labelling for the agreement is (1h). I would like to know if the claimant agrees that there are parts of the agreement missing ie 1F and 1G or the words “ we will not charge interest” are correct? Also on the true copy (reverse) it is not headed “Credit agreement regulated by the Consumer Credit Act 1974 terms and conditions as required for a credit agreement to conform to said act. On the reconstituted copy which is barely legible ,the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement, as it has vir 04/04 on the signature side and ver 02/04 on the alleged reverse. Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement. 5. As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreement will be realistically challenged. 6. At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy. In the OFT guidance notes for business on the Consumer Credit Act section 2.12 it recommends retaining proof of postage. 7. As a LIP I was not conversant at the time with default notices 8. The amount £12,6 is different to the amount £12,2 which is what is listed in their alleged default notice. 9. It is not agreed that a Notice of Assignment was sent by the Claimants “sophisticated” computer system and the claimant is put on strict proof that one was sent, a proof of postage ,and delivery confirmation from the Post Office or something as simple would suffice. 10. I do not agree with the amounts on their copy of a default notice as this would include penalty charges which should not be included in default notices. I put the claimants to strict proof that the default notice was sent and delivered and no proof,such as post office proof of posting and delivery confirmation has been forthcoming. I have not received the O.F.T guidelines on default notices 11. I did not respond to letter xx as a LIP I was unaware at that time that I should have responded. 12. In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed

??

I am thinking of getting a solicitor on this I don't know if I will be able to cobble a defence together,the DN has really confused me???????????

Nitro Reader works very well for me to convert to pdf cheers lutin

All that was sent including the envelope should be here.Thanks for your input I really do appreciate itx

Thanks for looking in CB. The date for the hearing for SJ is 20/9/13..but I need to furnish Pestons with my defence by the 13/09/13 giving them 7 days . Thanks for pointing out about the DN I will look at what they have sent including the envelope,I don't understand the significance of the DN even having read 50000 posts. Again thanks

Here goes I have done some more work and every time I look I see more on the agreement:!: Witness Statement 1 This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that I have no real prospect of successfully defending the claim made against myself. 2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act. 3 I filed a defence whereby I put the Claimant under strict proof as to how I entered this Agreement. No response was received. Prior to this I had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim. The first request was on the 22/10/12 which the claimants failed to accept as it was unsigned. The second,24/10/12 which was not responded to even though it was signed.I believe the spirit upon which CPR rely means that they should have responded to my requests,especially as i am a LIP(see T1 and T2) 4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). Regulation 2 states: 2 Legibility of notices and copy documents and wording of prescribed Forms (1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the . On the front of the agreement there is a box with words that are completely illegible,not slightly difficult to read. On the true copy there are parts of the agreement missing ;on the alleged reverse side(1e) there is a paragraph missing after the words ”we will not charge interest” and the next labelling for the agreement is (1h). I would like to know if the claimant agrees that there are parts of the agreement missing ie 1F and 1G or the words “ we will not charge interest” are correct? Also on the true copy (reverse) it is not headed “Credit agreement regulated by the Consumer Credit Act 1974 terms and conditions as required for a credit agreement to conform to said act. On the reconstituted copy which is legible ,the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement as it has vir 04/04 on the signature] side and ver 02/04 on the alleged reverse. Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement. 5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreement will be realistically challenged. 6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy.In the OFT guidance notes for business on the Consumer Credit Act section 2.12 it recommends retaining proof of postage. 7 As a LIP and not au fait at the time with default notices 8 Noted 9 It is not agreed that a Notice ofAssignment was sent by the Claimants “sophisticated” computer system and the claimant is put on strict proof that one was sent, a receipt from the Post Office or something as simple would suffice. 10 Default notice????????????????????????????????????????? 11 I did not respond to letter LT 6 as a LIP I was unaware that I should haveresponded. 12 In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed Signed lutin

Re: mbna/virgin card debt - drydens/arrows/restons discounts offer - now got claim form - help!! Witness Statement 1 This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that I have no real prospect of successfully defending the claim made against myself. 2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act. 3 I filed a defence whereby I put the Claimant under strict proof as to how i entered this Agreement.No response was received.Prior to this had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim.The first request was on the22/10/13 which the claimants failed to accept as it was unsigned.the second,24/10/12 of which was not responded to even though it was signed.I believe the spirit upon which CPR rely means that they should have responded to my requests,especially as i am a LIP(see T1 and T2) 4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). Regulation 2 states: 2 Legibility of notices and copy documents and wording of prescribed Forms (1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the . On the reconstituted copy which is legible ,the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement as it has vir 04/04 on the signature side and ver 02/04 on the alleged reverse.Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement. 5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreemnt will be realistically challenged. 6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy. 7 As a LIP and not au fait at the time with default notices I would not have known the difference between a notice of default and a Default Notice.No proof of a default notice being delivered. 8 ? 9? 10? 11 I did not respond to letter LT 6 as a LIP I was unaware that i should have responded. 12 got rid of and re numbered 12 In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that i will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed….new allegations and evidence????????? Signed lutin Thanks

Witness Statement 1 This statement is made in opposition to the Claimants application for summary judgement and by which the Claimant contends that I have no real prospect of successfully defending the claim made against myself. 2The claim in this action is for monies outstanding under a Virgin branded credit card facilty regulated by the Consumer Credit Act 1974,which I believe does NOT comply with this Act. 3 I filed a defence whereby I put the Claimant under strict proof as to how i entered this Agreement.No response was received.Prior to this had made 2 requests under CPR 31.14 for the disclosure of the documents relied on in their particulars of claim.The first request was on the22/10/13 which the claimants failed to accept as it was unsigned.the second,24/10/12 of which was not responded to even though it was signed.I believe the spirit upon which CPR rely means that they should have responded to my requests,especially as i am a LIP(see T1 and T2) 4 I am in agreement that”LT 1” the true copy of the agreement is difficult to read and not legible and as such would make the agreement unenforcable in a court of law as specified in The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). Regulation 2 states: 2 Legibility of notices and copy documents and wording of prescribed Forms (1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the . On the reconstituted copy which is legible ,the front of the copy has nothing to tie it to the back,and even contradicts what the claimant states that these were the terms and conditions related to the front of said Agreement as it has vir 04/04 on the signature side and ver 02/04 on the alleged reverse.Therefore there is no proof the terms and conditions relate to the signed document and therefore does not conform to the Consumer Credit Act 1974 which states that the terms and conditions must be embodied in the four corners of the Agreement. 5 As described in no.4 the terms and conditions were not embodied in the Agreement therefore the Claimants chances of enforcement of the Agreemnt will be realistically challenged. 6 At no time has the Claimant proven a notice of assignment has been sent,merely an alleged copy. 7 As a LIP and not au fait at the time with default notices I would not have known the difference between a notice of default and a Default Notice.No proof of a default notice being delivered. 8 ? 9? 10? 11 I did not respond to letter LT 6 as a LIP I was unaware that i should have responded. 12 I believe that i have a real prospect of winning this case due to the illegible Agreement and terms and conditions which are not contained within the alleged Agreement 13???? 14 In these circumstances the court is invited to conclude that there are reasonable grounds to suppose that i will be able to successfully defend the claimants claim and that the Claimants application for summary judgement against me be dismissed….new allegations and evidence????????? Signed lutin Cheers Andy appreciate your time,especially with novices such as myself I will do some more reading and put more body into the W.S,it has to be done by the 10/9/13.