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About tofam

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  1. Please find attached notice of allocation and direction from the court as indicated in my recent posting. The third attachment from Keynes collections is a mail I just received today. This is as a result of the issues I raised in my response to their witness statement which also counts as my witness statement and my recent call to them to point out that they have sent me a potentially forged document. I have called them to inform them that I will only be willing to withdraw from the case if they dismiss the entire claim as they took me to court in the first instance and obviously want an out now that its apparent that they are unlikely to win the case. Please find attached as directed. thanks
  2. Thanks Andy. I got a notice of allocations and directions. I will attach it tomorrow. What do you think about the copy of signed agreement from MKDP. How can I use it to my advantage ?
  3. Hello, Just an update on the case. I received a letter from the court exactly a week before the hearing date that the case has now been postponed for the second time till 21st of this month. Up till now I have not received any reply to my response to MKDP witness statement which is the reason why the court allowed the adjournment in the first instance. Instead I received a mail from MKDP with an attachment of what they claimed to be a copy of a signed " Credit Card Application" from the original lender. On checking the signed application, there is like a barcode with my initial and surname (printed) stamped on part of the signature section but the application itself is not signed and alarmingly the application is not in my name and with a west midlands address that I've never heard of. The age of the applicant is also very different from mine. I looked up the name on the application on the internet and they are real and applicant still leaving at the address on the application. This is obviously a forged document and was so angry that I called them to withdraw the case on the basis of this document but lady I spoke with could not offer anything other than she believes the hearing is still going ahead. Any advice please. Regards
  4. I have not done standard disclosure and don't know what that is really. I really would like some help with how to go about getting the Judge to uphold s.127(3) and how to diffuse the Carey V HSBC case. I wait to see what they will come up with in their response and will post updates as things unfolds
  5. I received a mail saying that the mediation team has been unable to secure a mediation and that the case will be transferred to the county court for hearing. I later received the court hearing mail as I said earlier. The same letter I received is the same the claimant has annexed to their witness statement. Not sure if it a letter with directions was sent out by the court but the Judge mentioned that the rate of undelivered mail has been alarming in the past year or so
  6. The hearing letter from the court has no direction whatsoever on it. It simply says that the court date has been fixed for 7th of July and a time of 90mins will be allowed. Its the same latter sent to the Claimant. I was out of the country briefly and only returned on Friday to meet their witness statement and that prompted me to respond.
  7. I have just returned from the court. The Judge has adjourned the case till early August saying that he wants to allow the Claimant to respond to my statement as it was only submitted yesterday and their representative said she has no knowledge of my statement. From the little proceeding we had, what surprised me was that the Judge was going to accept the reconstituted version of agreement based on the Carey V HSBC case even though I pointed out that my agreement is pre 2006. The judge has also allowed them to file in a new witness statement which means that they can correct all mistakes made in the previous statement. The judge did not also consider other issue raised in my Defence to the claim Regards
  8. I have been able to put together the attached statement overnight and will be like your view on it asap as I have to submit to the court this morning. My intention is to take MKDP copy to them late in the afternoon so that there will be no time for them to correct their mistakes. Thanks
  9. Thanks Andy. I actually entered the agreement in July 2002 which we'll before April 2007. Still bit confused with the interpretation of s127(3). Can I use this as my main defence despite the Carey V HSBC case?
  10. Hello. I returned from a brief visit out of the country to meet a witness statement from the external account manager of MKDP LLP. I am in the process of writing mine and personally taking a copy to their office tomorrow as the hearing is on the 7th. They have indicated in their cover letter that the witness will not be attending the court (sounds like a plus). In the background of the witness statement, they indicated that the agreement was taken out in July 2002 and attached a copy of reconstituted agreement. They referred to the case of Carey v HSBC to support the provision of the reconstituted agreement as acceptable to satisfy s78 instead of the actual signed agreement . In response to my defence to the claim, they said they will respond to it by saying that the reconstituted agreement has been sent to me and the agreement is therefore enforceable referring again to the paragraph in with the Carey v Hsbc case was cited. The case of Carey v HSBC from my view appear to be what the witness statement is anchored on as they forsee I will draw the attention of the judge to the fact that my signature is missing on the credit agreement that they provided. Please, how do I go about countering their witness statement and is their a case law in my favour and where in law can I refer to that unequivocally states that a copy of the originally signed agreement has to be produced. I have read quite e few thread but can seem to find the information needed.
  11. Thanks DX for your usual prompt response. It's clear to me that the next move is theirs. What if they've intentionally withheld it and present it in court on demand and give an excuse for not sending it earlier. If however they were unable to present it, where precisely in law do I quote to the judge that they need to present this to make the agreement enforceable. Sorry for my lack of court proceedings.
  12. Hello. Latest regarding my case with MKDLLP is that the mediation team was unable to secure an appointment and the case has now been scheduled for 7th of July. I got a mail from MKDP today enclosing default notice supplied by the original lender ( Mercers Debt Collections on behalf of Barclaycard) which I'm sure was never sent to me as I did not know who Mercers was until a debit appeared in my bank statement without authorisation. They still have not sent my the original agreement signed by me neither have they said anything about it. Please how do I use this to my advantage in court as I cannot afford a barrister. Should I also call them days before the hearing to request for the signed copy as this might make them pull out of the hearing?
  13. Thanks DX for your prompt response> It definately was taken out around 2001/2002. Should I write them requesting the signed copy? I also wonder if there is a time limit within which these documents should have been sent to me.
  14. Hello, In response to the CCA request, I received a mail dated 10th April 215 from MKDP LLP asking me to withdraw my Defence and contact them with my repayment proposal based on the documents enclosed in the mail. Enclosed in the mail is a reconstituted copy of the credit card agreement together with a copy of the terms and condition of the agreement. I notice that none of the documents sent has my signature. I wonder if this should be the case. Also while the terms and conditions of the agreement appear to have been issued while at my current address, the agreement appear to have been reached while at my old address. The first page of the agreement has my old address and a text in a box which reads "YOUR RIGHT TO CANCEL: Once you have signed this agreement, you will have for a short time to cancel it. Exact details of how and when you can do this will be sent to you by post". Yet my signature is not on the agreement sent. There are also about 3 months statement of account included in the mail. I'm lost on what to do now and can I capitalise on absence of my signature on the agreement as I believe they do not have the original agreement. Regards
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