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Musicam

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  1. Thanks Andy, I've had a day to get my head round it all and now I'm really frustrated and annoyed with myself but hey ho - life goes on.
  2. Hi all, Well that was an experience! Its a bit hazy but i'll try and remember everything. Sorry for such a long post but I want this to help anyone going into a similar court situation as you really need to be fully prepared and ready for any question. I'm sad to say I lost and judgement was awarded to the claimant. The district judge wouldn't accept the argument that recon agreements can't be used pre 2007 stating that if it wasn't retrospective there would be a footnote in the case of Carey vs HSBC and it would be known to him. He then gave me the opportunity to show that this was the case and my warning to others is - be very prepared! I wasn't prepared enough for that question and because I had no case in law to show him that was that. It was so overwhelming that I didn't push the point that s127 1&2 were repealed from CPR April 2007 onwards and just wasn't able to get my argument across. I think this is where I lost it. For whatever reason he didn't have a copy of my defence or witness statement (the solicitor for Hoist did have a copy), he hadn't looked at the case prior to us going in. He then spent 5 minutes reading my copy and then asked the claimants solicitor to counter my ws. She showed the copied application form which he said was completely illegible but accepted her argument that you could make out my signature and the date. We spent a short time discussing the Mercers default notice and he checked some very large books and concluded that it was an acceptable default notice as they were acting for Barclays and he didn't know of any where in CPR or Consumer Credit Act that the notice had to be from the original creditor. I continued to argue the point that the recon dated 2010 couldn't be acceptable as they couldn't show that the terms were the same as an original in 1994 creating an unfair relationship. The judge stated that on the balance of probabilities the agreements are similar over the years and was having none of it! The judge also made an issue of how the debt was assigned and to whom, that this is irrelevant and they have the right to the debt to which I replied that they also have rights and responsibilities to the debtor which they haven't fulfilled under the CPR request but again to no avail. He did ask the claimants sol why there was no default date on the mercers notice to which she replied 'well it was around that time' which he seemed to accept. He also had a chunk of the claimants witness statement missing namely the Exhibit that contained all the notices of assignment etc and took her word for it when she said they were all in the file. I'm a bit shell shocked to be honest as I don't think he would have accepted any argument I made and had made his mind up from the start. I asked if I could appeal to give me chance to gather the evidence for the points I'd made but he refused and then said in his written statement he'll put in that I have the right to have a circuit judge re look at his decision if I should decide to go down that path. I mentioned that as a layperson it was difficult to argue the points to which he replied, along the lines of 'if you use law in your argument you must be able to show the relevant points of law'. The only plus side was that he wouldn't allow them to add any interest because of their slow response to the CPR request. The claimants solicitor also asked for her additional costs 'as the defendant had no realistic chance of defending the claim' however the judge didn't allow this and told her that I had made some strong points and said only standard costs would be allowed. It would seem they can abuse the court system, not respond to deadlines or provide the correct paperwork even in the room yet still win. She even brought a trainee into the room with her to sit at the back behind me which I found quite unsettling, its a surreal situation that throws you off balance once in there. If there's anything I've forgotten I'll add it when the statement comes from the court. My question now is - should I appeal to the circuit judge? (after a stiff drink and a sleep!) Thanks guys, cam
  3. Hi Andy, it was struck out because they hadn't paid the fee in time then I received a letter from the court saying they'd paid it and it was reinstated giving me a new court date. I haven't heard anything since and it's for Wednesday.
  4. Hello guys, my day in court has come around fast and just wondered if there's anything I should or shouldn't do? I have my witness statement and do I just work through it and just answer the judge as per the statement? I'm worrying the other side will throw legal jargon in and I won't know what to say! Or am I worrying unnecessarily? Any thoughts would be appreciated. Thanks, cam
  5. Thank you dx, I'll get that sent off and see what happens.
  6. I was reading various forums and the general theme seemed to be to report it to the CRA. I don't suppose I'd get any joy complaining to Hoist would I?
  7. Thanks dx. I've notified Noddle that they are incorrect entries and asked that they remove them. They have replied by stating they will contact the creditor so I'll see what happens.
  8. Hoist have put both claims on my credit file with noddle, with the totals including the interest they are claiming and the default dates as recent as last month. Can they do this without actually getting a judgement?
  9. Hi Andy, yes I sent it on the 9th before i got the letter saying it had been struck out on the 10th! Sent to both the court and claimants solicitor.
  10. Hi all, I've had a letter stating 'it is ordered that the claim be reinstated due to the claimant having paid the hearing fee' and its now listed for a hearing in August. Looks like we're back on then!!
  11. Morning guys, I've received a letter today from court saying the claim has been struck out as the claimant has failed to pay the hearing fee. I can't believe they bothered to send a witness statement last week when they had no intention of going to the hearing. Does the clock start again for statute barred or can they pick up this claim again in the future? Thanks, cam
  12. Thats all done, can they do anything for it being a day late or will that be ok? Thanks again
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