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SaveTheSheck£es

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  1. Hi Sidley, I had no signed agreement in one of my cases too .. but the Judge allowed reconstituted docs to stand .. these reconstituted docs did not even hold my signature. It was the DN notices that won day for me in both my cases. I had stated the reconstituted agreements were just generic and also proved certain facts stated did not even relate to same era, but Judge stood firm the reconstitutes were allowed, whether that may be .. as Judges had already decided I was going to win the case on the NO DN ISSUED point, i will never know.
  2. I went to Court thinking i had good points to contest where the agreement T&C's were concerned, I contested a few points of the said agreement in both my cases, i said I did not agree the said agreement met the prescribed terms of a legal binding agreement, i argued this point in both my 2 cases. BOTH Judges ruled .. the reconstituted versions were allowed to stand and were accepted, due to the history and records of the years of payments i had made the Judges both said .. in all possibility an agreement existed in both cases. As you know in the end for me the DN's fell short and won the day for me twice. If i never had the DN's to contest strongly and was going to Court again knowing what I have now learned, I would be researching in depth the prescribed requirements of a credit agreement. Also any relevant uptodate law and any similar cases i would be using to direct the Judge
  3. Thank you Brunowales If any info from my experiences is useful to anyone, then it makes it all worthwhile to post on CAG i say. I would never ever of had a clue without CAG's help, there are so many threads you can always read to get a feel of how things seem to generally go, I must admit by reading many similar threads to my own cases i got a good feel or gist .. well def a thousand fold better than the knowledge i had before finding CAG With both my cases the Judges both jumped very quickly on the DN issues, tbh .. i was more than impressed how quickly the Judges had grasped good understanding of history behind all the facts of both my cases. 2 things i really believe is this .. 1. the impression i created by contention regardless whether certain facts were contestable, this showed i wanted to make it clear if something did not seem right i wanted it to be questioned. 2. Witness Statement and all Documents set out well. Without CAG i would never of had a clue what was in front of me, neither a clue or correct type of responses in many scenarios. I believe depending on certain facts in certain situations yes different Judges may think and decide differently. BUT .. when there is an exact point of LAW hence with the DN's there seems no margin for adjustment and literally the letter of the law is applied. Andy, The Dn's being contested as you know won both my cases, I would NEVER OF KNOWN DAYS OF SERVICE were a requirement of a DN ..how costly them 2 days not being given to me ended up being for claimant Thiis is why CAG is brilliant, the help/advice .. the knowledge and know how. NO WAY would i ever of gone to Court without CAG's very kind input.
  4. the agreements were 2001 and 2000, I went to Court to contest the agreements and the DN, But early on into both my hearings with both cases . . both Judges ruled . . in all possibility an agreement existed as i had been paying for many years, i asked how can the documents that do not contain the prescribed terms be valid? The judge stated regardless there was no signature of mine in 1 of my cases, the reconstituted versions stood, when i queried but there are 2 different versions supplied so how can both be genuine? Because the 2007 revised terms are version 2 are also allowed, I said i could not possibly understand how that at all is fair as i had never ever signed any of them documents, hence why my signature was not present in 1 of my cases, the other case i had signed but there were many points of contention in relation as far as i had thought to the prescribed terms, but in both my cases in all honesty i knew i held the ace card with the Default notices .. and so proved thankfully for me. I must admit especially where the T&C's contained no signature i was shocked at Judges answer, as far as i saw it .. they could provide anything with my name and address typed on it and it was acceptable, i did contest as i say, but Judge was adamant the T&C's were allowed and Judged in all possibility an agreement would have existed in both cases. where the DNs were concerned .. the Judge allowed no margin for error, and as i said .. I won 1 case on NO DAYS OF SERVICE ON THE DEFAULT NOTICE .. which may i also add the claimant arrived at Court without my witness statement, could that be because my defective DN was in that witness statement i wonder??? and the other case .. NO DEFAULT NOTICE WAS EVER ISSUED, and because of how in order my witness statement was with proof of delivery on everything i sent to claimant Judge said it was poor on claimants behalf they did not have the document i had provided to them, and stated it was def received at your offices and then read the law on Default Notices out, and stated there was no margin for error, there was error so dismissed case.
  5. Hi Sidley, I have just won my case against PRA Group who were a DCA an assignee from Halifax. http://www.consumeractiongroup.co.uk/forum/showthread.php?458846-PRA-claimform-old-Halifax-Card-debt-***Claim-Dismissed***
  6. Hi dx, Very kind ty .. I did write the WS true .. but with much excellent guidance though
  7. Thanks Andy No words can do you guys enough justice, hard to put into words my gratitude
  8. UPDATE: More fantastic news Case dismissed. Based on 1 Key factor .. NO DEFAULT NOTICE ISSUED The judge commented and how good my witness Statement was and failed to accept the claimants argument .. A DEFAULT NOTICE MUST HAVE BEEN ISSUED, and big companys normally shred documents after 6 Years The judge stated .. considering how articulate my records were and how well presented they were, the judge decided in my favour. HOW NO COPY OF ANY DEFAULT NOTICE HAD BEEN PRESENTED to me after i had made a CCA and CPR 31.14 Request and also NO DEFAULT NOTICE IN CLAIMANTS WITNESS STATEMENT .. all went in my favour The claimant approached me before entering Court asking if i would be prepared to negotiate a monthly payment offer .. NO I STATED! Then claimant then provided me with a document they said they would refer to during the hearing with what requirements are needed to constitute a legal credit agreement ... i mentioned this to the Judge myself and even contested a couple points on that document Thank you does not do justice to all you guys .. special thanks go to Dx and Andy for all their more than help, thank you both from the bottom of my heart for all the hours spent giving priceless, sound, and good advice .. especially all the help given to me in preparing me for my 2 cases of recent. BOTH CASES WON I am totally over the moon with winning both cases and so glad its all over .. been a long road! Thank you all CAG IS AN AWESOME COMMUNITY that i cant rate highly or thank enough, and it is by far the best site i ever been part of to help me with being confident to take the big boys on. I will definitely be contributing to CAG, albeit this will happen over the next few months, I just want to show my appreciation for all the hours of priceless help and advice i have kindly received, without all your very kind help, i would never ever of been confident to take on the big boys and definately never got this far. Before i entered Court with both cases, and due to all the kind input i had received from CAG, my Witness Statements WITH MUCH HELP did look very good, i would never have prepared such decent witness statements off my own back without CAGS HELP. What a fantastic start to 2017 this is for me, soooooo happy, feels like a weight has been lifted for sure Thank you all Many many thanks!
  9. Claimants Witness Statement I Received today, NO DEFAULT NOTICE provided. Generic Agreement with my name and address at top .. BUT NO SIGNATURE .. signature box is blank. Where no Default Notice has ever been issued from original creditor, is that even stronger defence than being presented with a defective 1??? Many Thanks
  10. Hi Andy, Many many thanks can't thank you guys enough, All the very kind help from the CAG community was what got me over the line, especially yours and Dx prompt responses and all the time you kindly both spent looking over my many docs and correcting, pointing, guiding in the right direction. You guys spent so much time explaining all so much to me along the way I remember when i read my 1st threads on the CAG forum and thought no way will i see this through to the end .. so much to absorb as a noob. You guys installed confidence from the off and this was the main factor I believed I could stand strong and defend against claim at Court. I hope anyone that reads this thread, it may install some confidence to stand strong and belief it may be all worthwhile. Many many many thanks .. CAG is 1 awesome community
  11. Witness statement sent .. RoyalMail guaranteed Next Day Delivery with proof of signature Be interesting to see if i receive theirs tomorrow as that the last day in the time span should have received by.
  12. Hi dx, I can confirm it was the faulty DN that deffo won the day Your advice and Andys were perfection Absolutely over the moon, 1 case to go in 2 weeks and in that 1 NO DN was ever issued
  13. Absolutely over the moon here Bazooka It just goes to show when i started this thread i was sure because my signature was on an application form it constituted a credit agreement, but being asked to upload all docs and then being told they were bog-roll astounded me when told. Dx and andy i will never be able to repay their help, all was bang on to the letter so to speak!! Everyone's Input and myself reading many many threads as dx advised .. helped me to understand why there was good reason to contest and how to Without CAG i would never of had the confidence to defend claim and felt on many occasions maybe easier for me to make monthly token payments to claimant .. so glad i held out One point i would like to make, the Royal mail service i paid for Next Day Delivery with signature on delivery proofed priceless, the Judge looked at my receipt and looked at the proof of Signature and date and time received by claimant and aswell as slated the claimant for not bringing to Court my Witness Statement stated you can not contest defendent served as i have seen proof of delivery .. i paid £8.55 for that Witness Statement as was quite a bundle, but proved worth every penny
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