Me again, I have completely put aside the other claim :/ I need to submit a witness statement by Thursday - well before if possible. They have sent me their witness statement and docs to support and I will post these up later - have to go to my mums. CCA is still illegible. Ive been reading the CPR again and its says about pre action conduct. I have never received anything from Marlin or Restons prior to the court claim forms - even though they are claiming to have sent the assignment notices, I have never received these. As previously stated I could of had the Lloyds ones but I just binned all correspondence from Lloyds without reading them (big mistake!) Should they have sent me a letter warning of court action before actually making a claim? Obviously the Court are going to say he said/she said about the assignment notices but I just want to be sure of this before I start focusing my attention on it (my brain can only take so much). Thanks in advance!

I've had a costs schedule from restons today for £1252.00, guys I'm really panicking now. I've done everything a$$ backwards - I really don't know what to do? I've got a hearing next week and absolutely no idea what I'm doing. I'm guessing thheyve been following this thread can anyone give me some advvice

thanks Andy

no the bigger claim

its for the credit card and overdraft

but i have nothing to defend this case with, the overdraft is definately out and ive been quoted £600 for a barrister to attend the summary judgement hearing with no guarantee of success so what would i put on the witness statement?

submit what?

No I didn't send one as I had nothing to say in my defence, I thought they'd just get judgement and that would be that but now I've been told this about them adding contractual costs

I'm going to lose anyway Andy I just don't want them to be able to claim anymore than they already have Loobie

As a minimum write to the court and tell them that they are now claiming contractual costs when their claim form doesn’t plead that. They will hopefully then just be lumbered with the ?100 that appears on the claim form Hi All, I got some free legal advice and they have said the above as in Restons application they have said about contractual costs and I have been advised to write and point this out. Can anyone help me with what I can say - Im no good with court speak Also if I dont attend can I send something to the Court telling them my income/expenditure before the summary judgement hearing Loobie

will post up as soon as I receive

But Ive read that as long as its an enforceable agreement then basically they can do whatever else they like as far as her witness statement goes she claims the only reconstituted parts are the t&c's and the accompanying statements, so if I pursue this and the judge deems it enforceable then its just racking up more costs I just wish I had found you earlier as your help has been invaluable! Regards Loobie

oh just a quick one Ive got home to another application for summary judgement for the loan claim - this one I am going to fight as the cca is totally illegible so will post more when I get the ws. Loobie

Ive gone round and round and round since receiving this claim form - only thing ive achieved is a 2 stone weight loss:whoo: who needs weight watchers just get Restons on the case. in regards to my defence - it was scant as they had provided no documents which I had requested but now they have (not all requested documents but some) I don't think I have a case to argue apart from the lack of default notices! (maybe somewhere deep within the cpr rules it hides) but it might as well be written in Greek for all the help its been to me. Ive read cases on here which have been lost and the posters are really confident and seem to know what they are talking about - sadly this is not the case with me. So thanks Andy for all your help on this one but I dont think I can possibly go anywhere with this:sad: Cheers Loobie

Hi Andy, the letter was her inviting me to withdraw my defence as it had no prospect of success. I can post it if you want the full version? Loobie

Hi all, think ive uploaded these correctly. http://s1319.photobucket.com/user/loobie79/library/ as well as what ive uploaded are credit card statements dated from 19th Oct 2004 - 19th Nov 2007 and bank statements dated from 22nd Dec 2006 - 4th Dec 2007 Loobie

Thanks for replying Grumpy do you know if I can base my witness statement on this? Loobie

Hi all, received the witness statement from the court today am still unable to scan at the moment so will upload both the credit agreement from the credit card and miss tippings witness statement over the weekend when im at my mums. Included are exhibits which include reconstituted credit card statements, reconstituted bank statement to show overdraft, a copy of the credit card agreement which is signed :(reconstituted notices of assignment from marlins and lloyds - marlins ones i have never received, might of had lloyds ones, stopped reading mail from them years ago. No default notices are included and from what ive read on this forum and others is that it should contain these - am i correct as some of the posts are quite old and im unsure if things have changed Cheers Loobie

Just rang courts again and they are sending me a copy of the WS and exhibits mentioned, so will get back to you when I receive them. Thanks for all your advice so far Andy its much appreciated Loobie

Hi both, yes the hearing is the 21st November 2013. Getting scary now! Had absolutely nothing to do with this claim from them apart from what I've posted on here, just confused as to why they threatened SJ with other claim and yet have done it with this claim and have sent me nothing I've asked for. Regards Loobie

Hi again, I received the application notice today and cant switch my laptop on to enable me to upload the scan so i will just type out what it says from number 3. 3. What order are you asking the court to make and why? 1. An order to lift the stay on these proceedings; and 2. An order to strike out the Defence pursuant to CPR 3.4(2) of the Civil Procedure Rules on the basis that it discloses no reasonable grounds for defending the claim and/or is an abuse of the Court process; or 3. In the alternative to (2) above, an Order for Summary Judgement against the Defendant under Part24.2 of the Civil Procedure Rules. The Defendant has no real prospect of successfully defending the claim and there is no other compelling reason why the case should be disposed of a trial; and 4. An order that the Defendant do pay the Claimants costs on a contractual(indemnity) basis, pursuant to CPR 44.5. 4. Have you attached a draft of the order you are applying for? - NO 5. How do you want this application dealt with? - At a hearing 6. How long do you think the hearing will last - 40 minutes is this time estimate agreed by all parties? - No 7. Give details of any fixed trial date or period - left blank 8. What level of Judge does your hearing need? - District Judge 9. Who should be served with this application? - Me 10. What information will you be relying on, in support of your application? - The attached witness statement ????? There is nothing attached TAKE NOTICE THAT IF THE RESPONDENT TO THIS APPLICATION FOR SUMMARY JUDGEMENT WISHES TO RELY ON WRITTEN EVIDENCE AT THE HEARING , IT MUST FILE A WITNESS STATEMENT AND SERVE COPIES ON THE CLAIMANTS SOLICITORS, MESSRS RESTONS, OF TRINITY CHAMBERS, 800 MANDARIN COURT, CENTRE PARK, WARRINGTON, CHESHIRE, WA1 1GG AT LEAST SEVEN DAYS BEFORE THE DATE SET FOR THE SUMMARY JUDGEMENT HEARING. Statement of truth Signed by Laura Tipping Still absolutely none the wiser with what they have from this Loobie

Hi again Andy, I rang the court and they are sending me the relevant forms. On checking the claim number on the notice of transer of proceedings its not even for the claim that Restons previously wrote to me about - they are totally frying my head Its for the joint claim of the credit card and overdraft which has been transferred not the one they sent me the cca for (loan) - I have received no documents from Restons regarding this claim as yet so Im still none the wiser on filing my witness statement. Can you help? Regards Loobie

on another thread it says that aq will be sent from my local court not northampton so should I wait to hear from them? im going to be so amazing in court total airhead

All ive received is one A4 piece of paper in a brown envelope nothing more, do I ring Northampton Courts? Cheers Loobie

Thanks for your reply Andy, Ive read on other threads about witness statements but im confused as to when I send this - do I wait yet again for something from the courts and then send it? Cant believe this has been dragging on since February all goes quiet for months then bang! Regards Loobie