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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
  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 th
  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 agr
  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 " defenda
  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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