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  1. No, he lost in court anyway. The judge said that he had no real chance of defending.
  2. Darn, just seen your reply now.. about to head out the door to court. Yes, the signature is typed in
  3. Tidot, in the papers the court sent.. we had included all of the papers that the claimant said they sent.. it also included an index. Did you not get sent anything like that?
  4. Oh, it is listed in their evidence as "a copy of the reconstituted agreement" in their documents listed under their witness statement.
  5. Sorry for the slow reply, this is the recon agreement and default notice PDF Newinfo.pdf
  6. Hmm, so.. i have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
  7. kk, thank you From what I have read, a reconstituted agreement only needs to have the correct name and address.. : / Is this any use at all, or is it outdated please? I keep finding mixed answers: Section 61(1)(a) and 127(3) Consumer Credit Act 1974 that dictates that a creditor must be able to produce a signed document, not necessarily the credit agreement that contains the prescribed terms. This document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment options. That failure to produce such a document is capable of rendering the agreement irredeemably unenforceable.
  8. (Skeleton Def notes for court date this week to deny SJ/SO) So, I have written out some shorter points for the hubby to refer to.. sorry to be so needy, but please could you tell me if this looks okay, or if I am missing something huge or have made a big error.. I have kept it basic as he is extremely nervous. 1. Unsure of this claim and as this company bulk buys debts, I needed true copies to be sure it was correct. They just sent reconstituted copies of what they say it would have been, which didn't offer much reassurance as to the validity, especially as they were not compliant reconstituted copies. 2. The default notice isn't a valid and compliant one pursuant to section 87(1) which says it is necessary before a creditor can be entitled and hasn't provided the requested proof/evidence to verify this. The claimant has not provided evidence that the Notice of Assignment is a true copy or disclosed the Deed of Assignment as to verify its authenticity. 3. Claiming a sum of X when exhibit AB shows a balance purchase of Y. There has been no information presented as to why there are variable balances. 4. The Claimant has mislead the court as to their reasons for the stay, they could not proceed as they did not disclose any agreement or further documents. Lifting the stay should be denied as the above is not a true or accurate reason or occurrence of events. The case was stayed over 2 years ago and the claimants reason for application to lift the stay is based soley on an income and expenditure form not being completed. (Re-reading it and will probably move this point to number 1.) 5. I believe I have every opportunity in defending this claim successfully and it should be allowed to proceed to trial. The claimant is put to strict proof to respond as to why it presumes my defence has no reasonable grounds for defending given that all its exhibits are questionable or invalid with the current legislation. … and if things are starting to look like they are going bad, maybe adding in this: 6. The account activity sent by the claimant, shows only a difference of approx. £119 between what was purchased and what was paid, the rest is all fines, fees, charges and interest.. would like to be able to query this with the original creditor, which I cannot if a CCJ is already granted.
  9. Aww Tidot, I see that you are in a similar stage as my husband.. Hopefully they don't apply to lift yours, but I will try to keep you updated on what happens with my husbands' case which is on Thursday. Dx and Andy posted some helpful stuff in my thread which you can use for yours if they lift yours. Don't contact them to make a payment arrangement yet, as they may not even apply to have it lifted..
  10. Yeah, I was thinking that.. but it did work on him sadly. Thank you for everything!
  11. He is really badly freaking out about it, not sleeping properly. A letter arrived from Mortimer today enclosing a "schedule of costs" and saying that an advocate would be attending instead of the person named on their statement. (Billed for the advocate too). I am going to try to go with him as a "McKenzie Friend" for a bit of moral support and to hopefully point at appropriate points in his skeleton argument that I have to write over the weekend. My question is, if it is starting to look like it is going bad/in their favour.. will he be able to avoid a CCJ by asking for a payment plan? Also, is it a valid argument to say that the time between the application and the court date wasn't enough time for him to obtain legal help and advice? (Not a reflection on you guys, you are sincerely fantastic with advice and help) I just mean as an addition to supporting the request to deny a summary judgment?
  12. Ah thank you! my husband just needs to make clear that it isn't straight forward or clear cut, that he has grounds for a successful defence.
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