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jackreacher

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About jackreacher

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  1. I am so pleased for you. I am even more pleased you are going to help others..what a beautiful and rewarding world it can be if we would only try.
  2. Just looked at your t&c's ..there is no 2.2 that is referred to in your DN. As they don't agree ...ask the judge for the original signed agreement to be provided. Especially as there are no prescribed terms.
  3. Just looked at your t&c's ..there is no 2.2 that is referred to in your DN. As they don't agree ...ask the judge for the original signed agreement to be provided. Especially as there are no prescribed terms.
  4. Good news and will ease the pressure on you... They don't normally bother to find it after issuing this letter and if any other DC comes in and takes you to court this will be strong evidence if the circumstances have not changed. Pleased for you.
  5. It then examines the situation further at 53 it was contended that the creditor must prove execution of the agreement by reference to the original document itself - this was rejected and lists the 14 reasons for that following and concluding at 54 MB with such knowledge why don't you ever offer some help? ? eg; rather than dismissing Carey and the rejected 14 points at para53 use them to Isbos' advantage. IMO His main defence is the judge has ordered the Original docs. The claimant is planning on using a s78 reconstituted document as the 'proof purpose'. lets put heads tog
  6. If they bring originals to court but do not supply you with a copy of the originals this week . .You Politely tell the Judge you have had no time to study them and as you are an lip you need time and ask for an adjournment. It is for the claimant to provide you with these documents.. . a pound to a penny they will not be the same . I have never seen a set of prescribed terms with both those cancellation notices on. I have seen nothing about your account ever having been terminated. .the POC and your disclosures mention nothing that I can see. Do no
  7. Ok ..so you know where you are now. Clearly it is easier to argue in court how the missing ordered original documents prejudices your case, I am glad you are going strong on the disputed start date..the reason being the judge should make them get the ordered originals. Have a read through the first Carey and keep looking for ' proof purpose'.. the judge repeatedly say the s78 information is not the proof purpose! and if you make a positive assertion disputing the agreement the creditor will have to find the original.. However get the DN and Termination notice into your WS . you a
  8. Part of the default notice is missing unless that is it from Mercers.. in which case looks like a fail. Is there still no original signed agreement? WS is looking good put them to strict proof a Compliant Default Notice and Termination notice were sent.. find a thread for a quick read.
  9. How do you know whats to be gleaned from them ..where are they. why haven't you posted them? You said you had posted everything you have received.. now you say you haven't? this is the stuff we can build you a defence upon without it we are pretty stumped.
  10. Just confirming what Sham is saying where are the actual exhibits they seem to be just blank pages. Please check on the reverse etc. If they have just sent blank pages it just adds to your defence of no Original documents as per paragraph 6 of the orders. You do need to Write a brief witness statement with the points sham has raised but make sure you ask them for the original Documents as per the judges orders. You could just reword Shams points to sound like you are writing them. Do it today.. paste it up for it to be checked and added to. People are here to help but y
  11. Hi ford.. thanks for staying with me.. this is part of the CCa request... The usual inept try at compliance including, No FRC prescribed terms or the original agreement varied terms. So as a whole as it stands, plenty to fight with. I will probably advise leaving it for now... however they have a habit of playing bloody letter tennis with the DCA lowells.
  12. I may well reply with something like this 1. The Claimant has failed to produce a copy of an original agreement. It has produced a document headed “ Application Form” which in the course of its’ text refers to it being “an agreement” however there is no cogent evidence of any execution of the alleged agreement ,it refers to “this or any future application”. It cannot both be an application and an agreement. Under the terms of the 'contra proferentum' rule any ambiguity should be construed against the party that seeks to rely upon it. Here the document was not drafted by the defendant a
  13. I should have added the form only has , in big capital letters ' APPLICATION FORM'. Everything in the filling in process is the same as an Agreement form , including the right to cancel notice etc in the signature box. I think there is a fair case to argue
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