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Josh2017

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About Josh2017

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  1. Thanks Guys for your help, What am I hoping will be the next stage by the claimant after mediation is cancelled?
  2. Bankfodder / dx Just to clarify my next steps: Send a cancellation request off to mediation / Claimant Monday stating the reason: "I am not prepared to enter into any mediation unless the claimant can provide me with a proper copy of the original signed CCA and I deny that I am indebted to the claimant as alleged and this will continue to be my position until the claimant can prove evidence of the debt by providing a signed CCA. Once I receive the CCA I will look at my options, In the meantime I consider that the debt is unenforceable and I am ceasing all payments" I will enclose a £1 payment within the claimants envelope and request a statutory request for a CCA for the alleged debt. Do I need to make reference to the year the agreement was allegedly made (2000) stating a reconstituted agreement is not sufficient as a CCA? With regard to the amended defence I will use the following defence added by bankfodder: Amended Defence The defendant denies that he is indebted as alleged by the claimant or at all The claimant has failed to provide a signed copy of the consumer credit act agreement statement of truth with signature and date. I will send this off to the claimant solicitors, do I need to send this off to the courts too? I have already submitted my defence deveral weeks ago. If the claimant is unable to provide a copy of the original agreement what is likely to happen? Thank you
  3. Thanks for your help DX you had a late night mainly down to me and it was appreciated, did you manage to remove the sensitive info that i left on the pdf`s by mistake or would you like me to re submit them with it blacked out? The defence was one i copied from Andy that gave me the outcome I wanted the last time I was involved in a claim.
  4. Hi Bankfodder, Thank you very much for your input and information I take on board what you say and yes with hindsight I should have played things out differently and came to you guys first. The reason why I ticked yes to mediation was down to the fact last time this happened to me I was told to agree to mediation from a member of this site so assumed this was standard delay tactics. The telephone calls I had with the claimant were not recorded although should I ever have to contact them again sure I will record for future reference. With regard to the defence, This defence I used was copied from a claim I had previously been involved with that never made it to court, the claim was put together for me by a team member so I simply amended it and cut out the parts that had no relevance to this claim assuming what was good for one would be good for another similar case. I have done lots of reading regarding mediation, claims and similar cases but none of what I read made me think I had to handle this claim differently to what I had been recommended to do previously, In future I will leave this to the experts who deal with it daily, thank you for your help
  5. Just noticed the address on the t`s and c`s was not the correct address at time of execution of the credit agreement
  6. thank you, yes its wifes name. But i am dealing with this for her, there is also some codes on the bottom of the t`s and c`s that i guess could be tied up with a printer as it has a date stamp on, only just noticed Im impressed you seen that name though thats tiny
  7. you have some good eyes, ill re do them now can you delete the claim form pdf and the ts and cs pdf please and ill re send
  8. please see attached pdf`s sorry couldnt get them as one attachment I dont have the correct software on my laptop and i tried 3 free downloads all unsuccessful. more pdf files last 3 pdf IMG_6471.pdf IMG_6472.pdf IMG_6473.pdf IMG_6474.pdf IMG_6475.pdf IMG_6476.pdf IMG_6477.pdf IMG_6478.pdf IMG_6479.pdf IMG_6480.pdf IMG_6481.pdf IMG_6482.pdf IMG_6483.pdf
  9. I mean the claim pack that was sent to me by the courts, apart from this and the envelope i received this week from the "solicitors" I have very little information, I will get onto it now and upload in a couple of mins Do I phone mediation before they contact me next week and inform them that under CCA 1974; sec 127 (3) the original credit agreement is needed and It has not been provided, will this eradicate the mediation or allow them more time to provide it if they can before we enter mediation?
  10. sure i can i was being thick, what do you want to see their cover letter, the recon agreement (tbh not sure how this would hold up as its a rubbish copy they have sent me) and the notice of assignment, apart from the claim pack this is all i have from them Not sure of the relevance of this, regarding the card statements they have supplied me from Barclaycard they have supplied them to me since mid 2011, this is where i initially came into difficulty, I quickly went over my allowed limit and have statements showing £500 worth of charges for late payments at £12 a time, on default sum balance and returned direct debit fees of £12 a time.
  11. card was taken out in 2001, payments stopped in June 2017. Only called the idiots to let them know i couldnt make a payment as i didnt want them harrassing me thats when they told me they would send out an income and expenditure, next call was to ask why they are lying when i received the claim pack
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