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masie123

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masie123 last won the day on August 24 2011

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About masie123

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  1. ***I won*** I had to be at court for 10am so got there nice and early, had a talk with the usher ( who was lovely, and the security team who again joined in conversation about every thing from the weather and how many pints they were going to have on that night as it was a works party all this worked great to ease my nerves. At 9.55 am the solicitor acting on behalf 0f lowlifes came in and said im not here long as they won't turn up I've not put a ticket on my car! Her face was a picture when the usher said i was indeed here!!! So outside she ran to put a parking ticket on her car.. She sat twisting on saying how much longer is the judge going to be as she had another case at 11.30 somewhere else. we get called in the judge said to me that I had written a really good witness statement and showed good understanding in both my supplimental witness statement and skeleton argument. He then said that i did not have to say anything as he was going to be talking to the claimants solicitor. Firstly he asked for the original notice of assignment, not the one that lowlifes were trying to say was one. Obviously there wasn't one and the solicitor tried to sway it away and mention the credit agreement saying something about cary and hsbc, to which the judge said i know all about clary however they have not given miss masie an agreement, the solicitor said yes sir its there exhibit blah blah.. To which the judge said no that exhibit says it generic terms haha her face was a picture again!!! she tried to say id bought this and that at such and such a date, to which the judge says how can a solicitor acting for lowlifes make such a statement when miss masie has provided the proof!! He went on to say to her that he knew what she was going to ask next and he wouldn't adjourne the case as they had had ample time to provide documentation. So awarded the case in my favour, i got half a days pay and travel costs to be paid by 14 days. He also told the solicitor to go back and tell lowlifes he wasn't happy with them as they think they are a law unto themselves, also stating they buy catalogue debts without notice of assignment etc from the original creditors which then aren't lawful in court. i guess im just trying to say on here if you up against lowlifes for cat debts you must turn up at court (as they think they'll win if you don't) its really not as bad as you think if I can do it anyone can. The judge also mentioned maybe i could go and learn lowlifes solicitors the law regarding credit agreements and time frames!! Don't let these vermin win. Sorry for long post.
  2. Ive took skeleton argument to the court yesterday had to put it in a drop off area outside the building. I emailed the claimant solicitor a copy and got a response email having to give other details full name and address etc, then it said it make take 5 working days to look at your email as we are very busy with emails,then went on to telephone them instead. Now im not going to phone them, what if they get to court and say we haven't received any argument etc, do i take a copy of the email i sent as proof?
  3. Is it legal to actually do both a sws and a sa at the same time?
  4. Ok thank you, ill post theres tomorrow just to keep things right. Can i just ask what cpr 34 (2 c) actually is? I've searched it on here, can't find anything thanks.
  5. Yes, i read tulips problems with it, im thinking off taking it to court tomorrow and sending the claimant it on Wednesday recorded delivery. Or could I take the courts one tomorrow and give the claimant theres on Friday then the judge already has it beforehand? Is that legal to do?
  6. Thank you Andy, im going to tweak it abit more as i think i need to get in more about the pre 2007 agreement and lack of any of my details. How long is the time frame for me to serve this argument to the claimant as i don't have a email address for them so will have to post in the morning? Thankyou
  7. Andy, i think im going to go down the skeleton argument. Is what I typed up in the thread today ok for that?
  8. Thank you for your reply tulip, i did read your thread and got a good insight of what i need to be doing. It is just really hard to take all this in when you've never had to do anything like this. Well done on beating them, they are vermin. Regards Masie
  9. Ive had a go could you please check this over Thankyou. As the defendant of this case, i wish to respectfully make this skeleton statement. ° it is stated from the claimant that i have an agreement with shop direct and all products were delivered to my address. I formally requested a cca from shop direct under sections 77-78 of the cca 1974. Shop direct failed to send me a cca so i put this account in dispute. ° it is stated from the claimant that the products were ordered on 30/12/10 amounting to £750. I have no knowledge of ordering these said products and the claimant has not provided proof of how it was myself who ordered them. ° The claimant States the last payment received on this account was 30th may 2009. According to the limitation act 1980 it states that the limitation period for simple contract debts is 6 years if noone has made a payment towards the debt and have not written to the creditor admitting you owe the debt.. ° I do not recall being issued a default notice pursuant to the cca 1974 and the claimant has not provided the documentation regarding this. ° The claimant States in their ws that they contacted shop direct who confirmed they had no records of myself ever raising a dispute, requesting evidence or making a formal request under the cca 1974. My evidence in exhibits b, c, and d contradict this, as do the claimants own evidence (ak3). ° The credit agreement would also be pre 2007 and the requirements for such agreements are not being adhere to by the claimant. ° it is respectfully requested that the above is accepted and taken into consideration due to the claimants failure to supply myself and the court their witnesses statement and evidence as stated in the court directions dated 5th January 2017, therefore disadvantging my position in defending this claim i request that the court impose sanctions pursuant to cpr34 (2c) Does this all sound ok any feedback please .
  10. I have been reading and looking at skeleton statements, and being honest i don't know where to start. Regarding my supplimental ws above could i just change the title to skeleton statement and use that? Any advice please.
  11. Thank you Andy, im more confused than ever now. So if im understanding this, what ive wrote above is a supplimental witness statement which i don't need to write? I will go and read through threads about skeleton arguments as no idea how to set one out.
  12. Can someone please confirm that i could take this said sws to the court tomorrow in person? If so would i get a receipt saying i had took documents in. Thankyou.
  13. Thank you lots of good advice in that thread, I'll post out supplimental witness statement on Monday hopefully it will be considered as court date is Friday 3rd.
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