Jump to content


Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Community Reputation

1 Neutral

About spelluk

  • Rank
    Basic Account Holder
  1. Thanks BazzaS! Will get this right away. Wish I was more experienced to give you an answer... He was actually familiar with the case law but said it didn't apply in my case. Then about s.87 of the CCA, he said that neither (a) or (b) applied to my case either... to which I haven't been able to provide a counter-argument as I am unfortunately not familiar with the technicalities... And the "earlier repayment" (b) I could understand, however not sure how I could have used (a) to say the claimant was "wrong". But I guess it's now too late to do anything about this? Unless I go to
  2. Makes sense. I've actually been looking for quite some time to find a way to record my calls but haven't found anything for iPhone (maybe didn't look hard enough). Does anyone have experience in doing so on iPhone?
  3. Will call Lowell now and see what they say. Thanks for the advices. Re the General Order, is this something I will automatically receive or should I request it to the Court? As the first payment is due in 6 days, wondering whether I'm likely to receive this before that deadline... just so I know exactly what the order entails. At the hearing, after making our arguments the judge said that the order was to make those 3 payments. He gave the dates and amounts at which they would have to be made. After that, he just asked us if we wrote down what he just said. I did and th
  4. Thanks Andy - have added my comments in greeen to your quoted post.
  5. Unfortunately, I lost However, the DJ didn't give a CCJ but instead ordered that pay sum due in 3 installments to Lowell. Failure to do so will result in the claimant being entitled to bring judgement... I'm back at work so not much time to go into details (will do so when I'm back home tonight), but in a nusthell: - Judge was very nice and accomodating. Accepted my Skeleton argument and well aware that I was "skilled" when it came to law - On the s.87 CCA point - alas he said he didn't not apply to this case as the claiment was not demanding earlier payment of any sum
  6. Thanks both! Shall I type up the costs I'd eventually ask in a specific way? Or just itemised costs and the maths will do? Is there somewhere I could find the Woodchester v Swayne case? Can't seem to find it via a search... No worries if not, I feel like this might add to my unpreparedness despite it being of value to my defence. Keep you posted tomorrow
  7. Oh my, this is fantastic Andy. Invaluable. Everything is clear and much better written than my thoughts Have gone through it a few times, going to email it right away to the claimant even though we are technically the 1st. But considering how late I am already, that'll have to do... My only question is re the final point where I seek cost - what does that entail exactly? Thanks again to everyone who helped, can go to sleep in a more relaxed mood
  8. Ha - I do have it as I sent it registered signed for. Have been spending the last few days looking for it in my papers... but it's been challenging as I put it somewhere more than a year ago and moved house twice since then. Hoping to put my hand on it before I leave tomorrow. If I am being asked for proof, couldn't I just use the same argument, that they used about the request Notice of Assignment? As in I have requested it through my CPR, they said they sent it but "the Defendant is put to strict proof of the contrary"? Unless this is irrelevant, or I'm responsible to prove it for it t
  9. Good to know! Have done some small tweaks to the skeleton and spend quite some time reading about and getting familiar with both CPR rules the CCA 1974, particularly section 87. I feel like it's all I have time to prepare well to get a slim chance of making it out winning tomorrow. Andy, is there any chance you could help sharpening my statement? I will also log in tomorrow check if there are any new posts Going to wake up early to be as fresh and ready as I can. Will update everyone once I get out of there in case others are following this. I am the Defendant in this action
  10. Amazing Thanks so much. They haven't supplied any evidence of the balance - only those dodgy statements from their WS. Is it a possibility that they will show up with some extra documents at the hearing? i.e. Default Notice and actual statements of the debt? I will send my skeleton to BW Legal as soon as it's finished tonight. Luckily their WS statement was sent from a normal email address. The person who sent it (and did the WS) is from the Paralegal Litigation Team - does that sound ok to send to? And I'll then hand a copy to the usher in court. Shall I give a
  11. Noted, thanks to both of you Just noticed I didn't attach CPR request in my previous post - here it is. BW CPR 10.2016.pdf
  12. Thanks - it does build a bit of confidence! Somehow not so comfortable with the penalty charges/ID protection side of things as it eems more detailed and "complicated" than the default notice and account balance that proves the money I owe. And I am very mindful of the time I have until the hearing! So would much rather focus on the arguments I'm more confident with. If that makes sense? Here is my drafted skeleton, although was just before I saw your reply shamrocker. Any suggestion on where I should include the argument about lack of evidence of the actual account balance?
  13. No worries - I just wasn't sure if there some hidden hints in shamrocker's question
  14. Trying to PM you about this but haven't posted enough yet to do so... could you clarify this further by sending me a PM?
  15. My bad! I did send the CPR request (phew) - attached to this thread (file was saved in a different folder). Re the interests, fess, etc. I'm not sure to fully grasp what I should do or how I should include this in my skeleton... as I barely just got my head around the Default Notice (which seems more straightforward than interests etc. ). Could you help with how I should put this into an argument for the skeleton? Or best course of action still is to focus solely on the Default Notice?
  • Create New...