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newdad

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About newdad

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  1. lol....yes, when she said that I thought 'hmm, not the best of starts, I might just give it a miss telling her I want costs awarded"...lol yes, she'd just heard a long family case and probably wasn't in the mood to debate anything... ..re. sending paperwork to the claimant, I totally agree with you but wasn't prepared to tell the judge "I'm sorry your honour but I do believe you are talking out of your ****"....lol........... still, I never denied owing it, just begrudge having to pay interest and legal fees etc, so in many ways it was a result for me!
  2. see red highlghts.... I was at the mercy of the judge lottery, but it's an indictment of our legal system if Judges are allowed to disregard civil law when it's presented to them in black & white, what's the point in having them?
  3. claim partially upheld...... ....last minute change of judge..... ..the judge was only interested whether or not I took out the loan. ..not really interested in anything else, viewing it as trying to 'fudge the issue on technicalities'.. ....however, she admitted that my defence and arguments were well presented and well researched however it didn't take away the fact that the debt was owed. ....I tried to argument the main point being no default notice issued so under s87 they couldn't enforce until default notice served.. .She agreed with that and in light of that stated that the original loan amount is due (£200) plus £25 court fee, but she will waive all interest charges and their legal costs.....In essence I had an interest free pay day loan over 3 years....lol.. ....I'm disappointed that I didn't win outright but feel good about how I represented myself and the 'grudging' praise from the judge .....An important note though to caggers going through similar claims, DONT RELY ON NO DEFAULT NOTICE - NO CASE, it's not as straight forward as I found out... A final snippet I gleaned from her is when solicitors act on behalf on a debt collector, send the CCA to the solicitor not the claimant/original creditor as she said she's seen cases like this and in her opinion, advise got from and I quote 'online forums' regarding CCA requests isn't necessarily correct.....forewarned is forearmed guys!
  4. thankfully, they're not turning up! thanks for your post...I've been reading your thread with interest and I've spotted something that I missed...their Notice of Assignment is also possibly invalid, yes there's an account reference, but that's it, my name and address doesnt appear on it and its looks pretty obvious that it's a copy and paste job as there's hyperlinks left in it and no letter headers/signatures and the date is out by 2 weeks to when they 'claim' they sent it..........Hopefully I'll be granted the chance to comment on this at tomorrow's hearing if it's needed.
  5. thanks Andy.....yes, I've got copies of all documents I've sent/received ready to go......I didn't send it a copy of s87 as an exhibit but did refer to it at length in the WS, and finally thanks, I will circle relevant parts of their WS descrepancies should I need to refer to them.....I am nervous but am determined to stay calm and focused!
  6. The hearing is this coming wednesday and I'm increasingly anxious as the date approaches.....Can anyone offer any tips/advice for the hearing itself, i.e can I take notes in with me etc....I'm naturally hoping that I get a judge who sees that Moriarty's lack of default notice is fatal to their claim, but in light of a unsympathetic judge, will I be allowed to take in a copy of S87 of the credit act to refer to as my argument for dismissal relies upon this?......thanks in advance......another question, having had time to look through their witness statement in detail there are a couple of bits that I'd like to challenge, would I be able to do that on Wednesday (in particular a couple of their exhibits look to be copy and paste generic documents)
  7. well done!.....I've been following this thread with interest as I'm up against Moriarty next wedensday and like you, my defence revolves around their lack of default notice.... A question to Andy & Dx, can the above dismissal be used as a reference to case law next week if things with my judge look like their going pear shaped?
  8. Probably a daft question, but can a debt be registered duplicate d as seperate debts/defaults on my credit file... .I have two in question. ..an old lloyds tsb loan which is registered as a lloyds tsb default and elsewhere on my file as a lowells default.... .The second one is barclaycard default which has seperate entries as a barclaycard default and a hoist portfolio default... ..The reason I ask is that it's making my credit file look worse than it actually is (it's still bad though!)
  9. Andy, re. highlighted bit....hasn't it gone past the stage where they have the chance to prove issuance?.....I also checked my credit file, there is no corresponding DN on file
  10. their WS redacted with relevant pages witness statement.pdf
  11. A quick thread update.. .. Witness statements/exhibits all sent off & received in time.... .I received Moriarty's WS and exhibits on the 4th May. They certainly cut a few trees down to form that bundle of paperwork!... .page after page of stuff about how the claimant took on the assets of Cash Genie and their deeds of assignment, but absolutely no mention of any default notice.. ..A few of their dates don't tally up either....Lots to pour through, but hopefully can extrapolate the pertinent info for the hearing on the 6th June
  12. I'm struggling with this judge's ruling....the OP has shown that legally the case shouldn't have even gone to court in the first place (lack of default notice and quoting case law) yet the judge, totally oblivious to the law he/she is supposed to know, rules in favour of the claimant?.....A mockery of the judicial system in my opinion, or am I missing something?
  13. thanks ....ok, wil send of the witness statements to the court/moriarty later on today.....thanks for checking it all for me, much appreciated!
  14. Thanks Andy, I've been following with interest the current thread (bw legal/lowell/vanquis) https://www.consumeractiongroup.co.uk/forum/showthread.php?486774-BW-Legal-Lowell-Vanquis-Court-hearing-in-2-days-received-witness-statement-only-this-week!-What-should-I-do/page4 and noted your indepth skeleton statement , in particular the s87 default notice paragraph with case law....Would it be worth including that part (tailored) to my witness statement?.....kind regards
  15. no probs Andy, I can send ws and exhbits to moriarty and the court by special next day delivery if need be
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