beady
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Posts
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Thank you Andy
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Would standard disclosure apply as it is small claims track? I don't know what I'm taking about to be honest, have spent most of the day trying to find out about standard disclosure since you mentioned it.
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if deadline was yesterday? so do I just send copy of the docs that the claimant sent to the court and ask for it to be added to the witness statement or send whole witness statement through again? I'm really sorry, I think I might be getting confused,
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absolutely, thank you
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I sent my witness statement to the court & to the claimant but I did not provide any documents. The claimant sent copies of all the documents with their witness statement and my statement just has a defence argument for every paragraph point they raised in their statement. My documents would have been the copies that they provided anyway. So is there no point in turning up at court now then?
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No, I don't even know what standard disclosure is. So I guess I should have included copies of all the documents? I thought that because they had provided them that I just had to point out what was wrong. Didn't know I had to provide the same docs. I didn't know what I was doing with the witness statement. I don't mind uploading it but not sure it will help anyone as it is probably all wrong, it has no exhibits, no references to any acts or legislation like the other side so I've probably cut my own throat but to be honest, it was the best I could do with the time I had. I didn't even know what a WS was or that I was required to do one until Saturday/Sunday
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Well the witness statement was served with minutes to spare!! Thank you so much for all the time that everyone has put into helping me. I will keep you updated although the hearing is not til december. If the court doesn't think my witness statement holds any valid argument will they cancel the hearing or is it a given that it will go ahead?
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thank you
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Should there be an agreement number on the agreement that I signed?
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I can't see an agreement number on the actual agreement ??
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Hi Andy, Yes, it does state 4pm on notice of allocation. I will get started now. Can I mention Obiter's points about wrong type of agreement used? ie. whether it is actually a credit agreement of a hire purchase agreement
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I think it was done online, I have a GG number & MCOL number written on paper copy of claim form and I have my handwritten notes which are shown below but are not great as I didn't know, without sight of the agreement whether they were claiming for the car finance or the personal loan that I had with them at a later date. Any debt with Welcome Finance is now statute barred. No credit agreement in force. Originally had hire purchase agreement on a vehicle which was returned within 14days as it was not road worthy, contract cancelled. Another vehicle was provided but no new hire purchase agreement was produced for me to sign. Personal loan taken out with Welcome finance in April 2006, again, now statute barred although on my credit report this is shown as settled and Welcome Finance have then made a new entry for a new loan dated 30.03.2007. This is not correct, I only ever had one hire purchase and one personal loan, neither of them starting in 2007. Can Welcome Finance provide me with the credit agreement and proof of last payment? I am claiming that as no payment or contact has been made to Welcome Finance in the last 6 yrs, any outstanding debt is now statute barred. As I do not know whether the amount of £4683 relates to the hire purchase or the personal loan, I an claiming that if it is for a) Hire Purchase - There was no new agreement signed on the new vehicle and the original contact was cancelled when the original vehicle was returned. b) Personal loan - This was taken out in April 2006 & not August 2007. No payment or contact made in the last 6yrs so now statute barred.
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Hello Andy, my defence was statute barred (which I don't think will get anywhere as they have a payment list showing this isn't correct), I also said that the goods detailed on the agreement were returned within 1 week and although another vehicle was sourced, I did not sign another agreement. So the agreement that they are trying to enforce shows a vehicle that they took back. Another interesting spin which is probably irrelevant and another thread altogether, the payments were coming from an ex partners bank account. The copy of the direct debit form they have provided has the account number and sort code on but has my name as the account holder which is incorrect, & my signature for authorisation.
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Obiter, I have uploaded IND Witness Statement, see my post at 10.33am today
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So can I say anything about this in my witness statement , I have to get it in by 4pm today
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