Please shoot me down in flames,mistakes and ignorance are better dealt with now.cheers lutin:oops: 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 case ???????. 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 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 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 supposethat 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

Right i am going to put a without prej save as to costs offer in ,whilst sorting defence WS. The WS will be sent 7 days prior to hearing to court and Pestons. WS to follow on CAG if my daughters old computer lets me,it has crashed twice whilst doing it grrr:x

The people on here are very supportive and I am sure you will get some very good advice.i know I have.Keep your chin up x

Eyes blurry from reading posts..bed!Not even had a drink:???:

Sorry WS (1) as well:oops:

Hi hope everyone is well and feeling good after a great month of sun:-)... Hopefully I will have attached my n244 and WS. Having looked at the WS section 4 it states that the copy of the agreement is slightly difficult to read and I would agree, as I can't make out a good paragraph or 2,surely any true copy of their agreement should be legible. Also on the reverse of the true copy there is no heading,"Credit Agreement regulated by the Consumer Credit Act 1974 terms and conditions",as there is on the reconstituted copy. On both the true copy and reconstituted copy the terms and conditions only go up to section 3b,however an additional number of conditions 4 to 19 are on separate pages. These are my naieve observations and I really do apologise if they sound stupid. Cheers Lutin

Cheers Andy,will do:-)

Thanks for the reply Andy,can I ask how I would get a copy of the application notice(I assume that I would need to contact the court).Or would it be put online? Cheers:-) again Lutin,

Hi all ,I have received a "Notice of Transfer of Proceedings" .The claim has been transferred to xxxxx County Court the claimants application to strike out the defence and Summary Judgement be entered. Is this simply a notice that it will be moved or do I need to do anything urgently and within a time frame,as the letter was dated 2/6/13 and I have only just got it:oops: Thanks Lutin:?:

Ignore,however if they really could take you to court and get £150 off you a)Why have they not done so and b)Why suddenly reduce it.This website and the people on here are great.Cheers Lutin:wink:

ok will do thanks

I have already SAR'd them but only goes back to 2001 and on the logs does not mention PPI,are there any special codes .Cheers Lutin:-)

I have my application form for MBNA credit card from June 1994 which has the box ticked for PPI.I have always been self employed.I only have statements from the last six years which have no PPI on them. My question is ,will it be possible that I may get some money back,as I don't have the very old statements. Cheers Lutin:|

Cheers dx:-)

Does anyone think that Restons will carry on their court claim or are they bluffing? I hope they are bluffing as they have now threatened my partner with going to court for another mbna debt.We are now getting quite worried,if you are reading this Restons I hope you enjoy people not sleeping,crying,arguing and feeling miserable.But we will not give in:mad2:

You have left amounts and card number please edit.Regards Lutin

Well 5 months after putting a defence in, Restons have been in touch saying they will put an application to Strike Out the Defence/Summary Judgement,costs etc They say the fact was there was no signed Agreement with myself and Arrow Global will not afford me a defence. Are they now admitting they have no agreement,surely the alleged agreement would have been with MBNA not Arrow or are they trying to muddy the waters ,in my already muddy brain:| I am going to do some more reading but any advice would be greatfully received. Cheers Lutin

I bet that they sent you coupons with money off that type of food.That is the question,do they have information on which products you bought? If so you would be entitled to your money back on mis-sold products.

I wonder how much information Tesco have on their Clubcard database.Would they have enough information for you to make a claim for compensation;in that, the likelyhood is that you bought their horsey burgers in the past few years and as they were not described correctly you would be entitled to your money back???After all if it works for them guiding you to buy their products with coupons etc....

I wondered if anyone would be able to clarify. I have a TSB account and CC debt.Will the Coop be able to take money from my Coop account to cover debts with TSB? Thanks Lutin:?:

Thanks for the prompt reply Andy.I appreciate your time and experience in a worrying time for us.Cheers Lutin

Its in no.32 thanks.

Bump,its got to be in tomorrow,thanks

Here goes,please shoot me down now if I am miles away,I would rather have friendly fire now .Thanks a lot Lutin DEFENCE 1. It is neither admitted nor denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. 2 It is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. I have asked for disclosure pursuant to CPR 31.14 and the Claimant has not yet fulfilled request. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. 7.That I may respectfully ask the courts that I may amend my defence if the Claimant discloses requested documents. Lutin

Right, so I will try to put together a defence with the application not being an agreement...I'll be back.Thanks for the clarification Lutin