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Starboy

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About Starboy

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  1. Thanks can an I just ask. Do restons or Cabot staff browse these boards at all do you know?
  2. Update on court hearing today: It did not all go our way but the judge was fair and impartial and very quickly pointed out that Restons had not produced sufficient evidence showing that Cabot had ever been assigned the debt. The solicitor tried prevaricating and quoting evidence in witness statement it was quite clear that they did not have the evidence that the debt was ever assigned. Because of the amount the judge decided not to strike it out completely but allow Restons four weeks to provide clear evidence that the debt was assigned to Cabot from Lloyds - Apex were attempting to collect debt on behalf of Lloyds it was never assigned to them. The solicitor requested that secondary evidence of assigning debt be allowed - because obviously they do not have proof of the assignment or they would have used it. the judge agreed that they would be allowed to provide satisfactory secondary evidence of assigning the debt to Cabot. But it would need to be substantial evidence that we could dispute if not in agreement. So far so good for us. However he blew every argument we put together earlier out of the water by asking two simple questions - was this credit card yours and did you use it to make the list of transactions in the evidence. When I said I could not be sure due to the length of time, he refused to accept that as an answer and pushed for confirmation. He said it was not necessary to have an original of the CCA and the sections quoted were not relevant. obviously I was honest and had to say yes to the use of the card even tho i cannot remember signing the agreement and only have the copy front page so do not know all of the terms and conditions. This put me on the back foot as I was unsure how to proceed. thankfully he then pointed out about the proof of the assigning being missing. Which was a relief for me. He also awarded them no costs today as the fault was theirs in not providing correct evidence. His advice to us was to wait until Restons come back with sufficient proof of the debt actually being assigned to Cabot from Lloyds and then if we are satisfied with the proof, see a solicitor and build up our witness statement - they have until the 29th June and we have four weeks from that to provide the witness statement and he wants it back in court by early August. So not much more we can do until we receive their evidence which we imagine will not be strong - or they would have used it already. Thank you all for the advice and support shown here at such short notice as it helped clarify my thoughts and enter the courtroom a little more confidently. Having never been through this before I found it extremely taxing but was fortunate that the judge was patient and fair and considerate. I hope this can help others in similar situation - thru no fault of their own - as we had not realised about the assignation being missing but it was key to his decision today. I think it does pay to take on these ruthless companies and hopefully they can be beaten. We will come back and update this when we have heard from Restons and any more advice would be welcome as the battle is not yet won. once again many thanks
  3. I really appreciate your advice and speedy replies. Is it relevant that I was combatting prostate cancer when this debt was incurred and card was only used for business purposes to try and stay afloat - business later folded. it was my personal card but only used for business debt - not for living the high life.
  4. this is what I have written taking your advice - I have printed copies of all relevant links - I dont know what WS means!? "Your Honour I have herewith my defence in the case brought by Cabot today. Can I firstly say I am representing myself and have never appeared in court before so this is very new to me so please allow patience and understanding if I fumble at all. I am finding this process particularly stressful after the recent loss of my mother and our beloved family dog - I have been suffering anxiety attacks - please see attached doctor’s letter I dispute the claim from Cabot for the following reasons They have never sent me an original legible CCA as per my legal and human right the account referred to is from 2002 - pre 2006 legislation amendments The copy agreement is illegible and lacks the prescribed terms set out by the CCA1974 (consumer credit Act) I Refer to section 61 (1) a,b,c of the CCA1974 and section 127 (1) of the CCA1974 I Challenge the lack of Default Notice and the Witness avoidance of referring to it within the WS. I Refer to Section 87 (1) of the CCA1974 The need for a Default Notice I also refute their expenses claim - Northampton Court stayed the case because Restons had not provided me with any relevant paperwork - it was only after the case was stayed in Northampton they sent me the copies I have here - I have still never received originals. so all expenses incurred at Northampton court should now be waived I would also like to point out that I have never had a contract with cabot and they have confirmed this in a letter to me." Am very happy to take your advice on additions and changes you think would apply Many thanks
  5. thank you so much Andyorch - very helpful I will use this - I will post the defence shortly
  6. as per post 4 - can this form part of my defence? If they have not sent you a legible CCA agreement with your signatureicon in their court bundle they are stuffed. Especially as this is a 2002 account so pre 2007. The CCA 2006 will now apply with section 127(3) which is an absolute defence 3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).
  7. here are the pdf of the wir witness statement Scan 3.pdf Scan.pdf Scan 2.pdf Scan 1.pdf
  8. yes we have checked and the hearing is going ahead at 3.30 will scan witness statement over now
  9. their witness statement is 4 pages long shall i scan over?
  10. thanks for the response - yes realise this is very last minute I wont use post 16 - butnot sure i understand why not? Hearing is at 3.30 will be leaving here by 2 Anything else I need to post here?
  11. yes just part of very long document- like I said never had to do this before and find it confusing!
  12. Sorry I am a little confused and overwhelmed by all of this. I have scanned as pdf the original defence to the claim and the copy of the agreement they sent me which i will try and attach Scan 1.pdf Scan.pdf
  13. Should I have submitted a defence to the court? I was not aware I was supposed to do this? I have read online that I can use the following as part of my defence 1 " defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of plaintiffs claim and based on that denies generally and specifically plaintiffs claim" ? Also. 2 "Defendant demands proof of plaintiffs ownership of alleged debt" Because I never entered into a contract with Cabot and have never signed a contract with them - which they have admitted to. 3 " defendant cites failure of consideration whereas no exchange of money or goods occurred between plaintiff and defendant. Therefor defendant cots failure of consideration" 4 " scienti et volenti non fit injuria
  14. Sorry thought I posted earlier. The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and lloyds bank dated on or about Jun 24 2002. Assigned to the claimant on Mar 31 2014.
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