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Everything posted by SaveTheSheck£es

  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
  14. Absolutely fantastic news:whoo: I won my case based on one Key Fact alone ...the Defective Default Notice which had not allowed any days of service, the Judge also stated no right of appeal for the claimant to decision The Judge citied a High Court Appeal Case where a Judge had made a decision on a very similar case to mine which was based on a defective Default Notice with no days of service allowed for. The claimant asked to adjourn the case based on the fact he did not have my original copy of the Default Notice in his possession, but Judge adamantly refused The Barrister representing them arrived without my Witness Statement, and had no Copy of the defect Default Notice in their own Witness Statement, just a screen shot with some details they had sent one, I proofed they had received my witness Statement as had used Royal Mail Next Day Delivery Signed for £8.55 Service I cannot express my gratitude to all you guys for all your more than kind help which provided me the confidence to go to Court!!! I have one more hearing to go in couple weeks for another case, hopefully I may get more good news come that day as seem to have an equally as strong case with that. I should be in a better position soon to make a contribution to CAG to show my appreciation and this i will make a definate priority soon:-D Many many thanks especially to dx and Andy Lots of good work went into helping me prepare a decent Witness Statement and guide me from beginning to end, i will be forever grateful. Without the CAG community i would never ever of got this far .. let alone win my case, many many thanks to all those that had points to make, they were all taken on-board and very much appreciated for sure. Thank you all .. the CAG community is awesome
  15. Happy New Year! UPDATE: Hearing takes place tomorrow for this case, i will update again tomorrow with result Its been a long road getting to this point but glad nigh there, i would never of got this far without the very kind help of the CAG community.. that's for sure! The very kind help received from all especially all the help from Dx and Andy has got me to this point in time! Hopefully tomorrow i will do myself Justice and present a decent case. I will update you with the result tomorrow Many thanks and wishing you all a Healthy Prosperous New Year !!!
  16. Happy New Year! UPDATE: Here is my Witness Statement, this hearing is just over 2 weeks away now Hopefully Witness Statement looks ok to submit .. I need post tomorrow to claimant and Court so with them both by Wednesday, as yet i have not had claimants Witness Statement for this case, but should have within next 2 days, unless they back out of course I am at Court tomorrow for my other case i have ongoing, will be the 1st time i have attended a County Court hearing. Hopefully i can do myself justice and present a decent case, with all the very kind knowledge i have learned thus far from all you guys i am as confident as confident can be. I'll update the other case when get home on how the Court Hearing turns out CAG_TO_UPLOAD_WITNESS STATEMENT.pdf
  17. Thanks Andy, Not too bad i didn't think .. the scanning of all the statements took me some time late last night .. was surprised was so many that contained relevant points to reference lol Quite a bundle went off in both C4 Envelopes to Claimant and Court I see Claimant can still withdraw claim up to 7 days before the actual hearing and get full refund of Fees back .. i wonder how many do that once read a Defendants Witness statement they consider strong defence ?
  18. Update: Court kindly agreed to revert hearing back to them which makes it easier for me to attend so that good news. I had 2 telephone calls from claimant, offering me to make monthly repayments, i declined. Cheeky lad said Court will be informed offer of mediation you have declined .. I said lets make something clear, You ticked no mediation on the Court form i ticked YES . . so it was you who refused dont make me laugh i said. Then they asked why i was prepared to risk a Court hearing, I said surely that's obvious with the blatant bog-roll docs you provided thus far "you will incur costs if Judgement awarded against you he said" . . i said you'll also have a loss if you lose . . I'm prepared to take my chances i said. . anything else to say or add please only contact me in writing from now on i stated, Goodbye.
  19. Thank you Andy, That's gr8 news to hear.. I'm just scanning and printing off 2 x 60 statement pages now as have referenced the payments lol I will re-Up when all finished .. looks gr8 now cleaned up the reference to docs at end of statement Here is the final version of Witness Statement posted today to Court and Claimant. I was pleased the witness statement in the end seemed to cover all the key points, vastly improved on the 1st few drafts that's for sure I attached all the docs and statements i had referred to .. all were easy to reference and read from the Indexing i gave them, was easy to see the points i had referenced in the witness statement. I am hopeful it presents a decent list of proven facts, and just await the hearing itself now. All the original docs i have now bundled up in the order as were listed in the witness statement, and are ready for me to take to Court for the hearing, so all set for early Jan 2017 Thanks to all .. for all the very kind Input that has helped me prepare this, especially Andy and dx who have been more than a helping hand for me to get to this point Only thing now, i got to do it all again .... another case to prepare for now for mid Jan 2017.. i will be updating the post on that case soon lol At least now i got an insight on how should be done Many many thanks WITNESS STATEMENT_EDIT_CAG.pdf
  20. Hi Andy, Definitely the case Might be all a last minute rush to sort out my Witness Statement, but deffo have the advantage with the aid of their Witness statement now If i can get finalised and ready to post tomorrow morning i be very happy I have drafted up a new Witness Statement, hopefully on right path now. Any help/advice welcomed Many Thanks I will update again once nigh finalised Witness Statement .. hopefully it's looking more acceptable now! Witness Statement .. Hopefully it's ok .. here it is finalised. WITNESS STATEMENT - EDIT CAG.pdf WITNESS STATEMENT - EDIT_CAG.pdf
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