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About Phantom943

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  1. Heres my draft defence: In the xxxxxxx County Court Claim number xxxxxxx Between Arrow Global Limited- Claimant and xxxxxx- Defendant Defence 1. I xxxxxxxxxxxxx am the defendant in this action and make the following statement as my amended defence to the claim made by Arrow Global Limited. 2. At the point where my defence was required I was not in possession of documents from the claimant, which were vital to my ability to defend this action and placed me at a distinct disadvantage. The claimant failed to includ
  2. I see where you are coming from with this, however the court's direction was to file a Substansive defence by Friday. I ve made my point about the so called agreement and highighted a few other omissions and had a dig at their second witness statement. Will post the draft up in a while once ive completed it.
  3. Their POC is very Vague and consists of the foillowing: The Claimant claims payment of the overdue balance from the defendant/s under a contract between the defendant/s and Marks and Spencer Financial services PLC dated on or about Oct 14 1989 and assigned to the Claimant on Feb 21st 2013.
  4. The application was for Marks and Spencer Account Shopping. The form then goes on to say its a Marks and Spencer Account Card. I have just noted a few more points, The 1989 document only mentions Budget Card and Charge Card no mention of M+S Account card as per the application form. Thinking more widely, if these supposed T&C's were on the back of an application form, then the account holder did not receive them as they formed aprt of the application which was sent away to be signed off. There is absolutely no evidence at all that they were sent out an any point
  5. Apologies for any confusion. We have a photocopy of the application form which is signed by both parties from 1989, they have provided two copies of T&C's one of which they say is from 1989 The other they say is from 2004, though interestingly they are saying that these T&C's were in place when the account was terminated in 2011
  6. Looking at the application form with regards to T&C's. Post No9 page ten. In the top right hand box it makes reference to "see over" relating to lost or stolen cards. The purported T+C's supplied (there were two) are obviously not a photocopy of the original as the print is far too clear but does corresppond to the section mentioned on the application form. My question is then, does this confirm that the T&C's were not within the four conrers of the form, or could it be successfuly argued that they were supplied at the the point of inception. In any ca
  7. Interesting, however this may not be of much use to me as i cannot be sure that the card was changed and even if it were i have no evidence it was changed or indeed when that would of been. My gut feeling is that it was changed hence the rather vague details provided regarding transactions etc, which only show debits and credits to the account and are watermarked M&S bank, not M&S Fincial services. Another issue ive noted is that the application form appears to have been over stamped with a serial number, however thsi number does not reflect any part of the acc
  8. I will be drafting the defence throughout the day. Two quick questions. 1. A 1989 M&S Storecard/ Charge Card: what type of credit agreement would of been inferred would it be a rolling credit account or credit card at the point of inception. 2. PPI: would this forma part of the same application or be treated as a wholly sperate matter. Im assured nothing re PPI was ever sent only verbal information by the individual filling o
  9. Good morning and Happy New year. Pages 11&12 of their WS are the two seperate documents in question.
  10. Many thanks. They have provided two sets of what they say are T&C's my point will remain they are not contained within the four corners of the application form. No notice of assignment, from memory i think thier WS points to theres suficient information contained within other documents, im going to be making a big point that their agent went to court and stated that the docs were available, just not on the day then back tracked a little and was in the process of saying it takes time to produce, at which point the Judge stopped her. I'm looking for a nice choice o
  11. Seasons greetings all. I have some work to do this week in assembling a defence for this matter. Starting with the original Application for credit, im looking for people's views on this. The document can be found in post 9 and is page ten of the attached PDF. Im particularly looking for views on whether or not this is enforceable as my thrust of arguement will be that it does not include the prescribed terms and conditions within the four corners of the document. Is there anything else which could constitute a defect? and how do i go about setting this out in document form.
  12. Apologies for the typo it should of course read substansive defence Sorry you've lost me with this, please explain.
  13. Update: Over booked court list which resulted in a very very short hearing over what should of been lunch break. Judge made it clear he didnt want to spend very long on this and gave each parrty five mins max to have their say. Restons (im assuming agent) took the usual line theres a credit agreement, failed to pay and wanted defence struck out and summary judgement etc. Judge was desperate to get rid of this informs me i havent produced a substansive defence and he has to ask if i have one and therefore would it be worth allocating to small claims court.
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