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Tayen2

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  1. (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.
  2. 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..
  3. Yeah, I was thinking that.. but it did work on him sadly. Thank you for everything!
  4. 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?
  5. Ah thank you! So basically, my husband just needs to make clear that it isn't straight forward or clear cut, that he has grounds for a successful defence.
  6. Thank you, that's really helpful.. Oops, I have given him the wrong information then. For some reason I had it in my head that they wouldn't grant a SJ since he had responded disputing it. Okay, thanks again! Appreciated
  7. Hello again, My husband's court date for the above is next week and he is extremely anxious and worried about it. I explained that it is just a hearing to see if the court will enter a summary judgement and that they probably will not due to his statement that was sent, but he is worried that he will be put on the spot and asked questions and that he will get a CCJ.. I have said that he can just refer to his statement if asked anything and that it may be in a room type of thing, rather than an official looking courtroom.. Am I right in the above please? Also, what happens if someone from Cabot doesn't attend? Does that make any difference? Should my husband be ready to say something about it to help in his favour, if so what? Apologies for all of the questions, I know that you two are very much in demand all over the website.
  8. Hello, sorry to bother you again.. I used the example you provided and wondered if this was acceptable to send please? xxxxxxxxx being the defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application for Strike Out/Summary Judgement in view of my defence submitted to the claim dated 30/06/2017 pursuant to CPR 24.5 (1) a&b 1. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 2.It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. Then issues claims to circumvent and claim the full amount of debt to maximise profit. The claimant is also claiming a sum of £1,823.03 when exhibit JK1 Pg 6 shows a balance purchase of £1773.03. There has been no information presented as to why there are variable balances. 3. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 4. Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Capital One. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity by way of a section 78 request. At the time of submitting my defence the claimant was in default of this request and unable to comply with this request and was therefore unable to proceed and enforce the claim or request any relief. The claimant is put to strict proof to verify and confirm that the exhibit marked JK1 are the true terms and conditions as issued at the time of inception and execution of the agreement. 5. Contained within the claimants particulars and witness statement the claimant pleads that the defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. Exhibit JK1 pages 29-30 has been labelled as a ‘default notice’ by the Claimant, however this is not a valid default notice pursuant to section 87(1). Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. The claimant is put to strict proof to further evidence and verify the service of the above. The claimant is put to strict proof to evidence further the Notice of Assignment is a true copy or possibly disclose the Deed of Assignment as to verify its authenticity. Stay of Proceedings 6. Paragraphs 15 and 16 are noted but unfounded and misleading to the court. The claimant misleads the court in its reasons. The reasons for the stay are explained above and has to why. They were not in a position to proceed because they could not disclose any agreement or further documents.Therfore the request to lift 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. Application to strike out/Summary Judgement 7. Paragraph 19 should be denied. 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. 8. Having regard to the above it is respectfully requested that the claimant’s application is denied and the application for strike out/summary judgment is dismissed. In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial.
  9. Thank you so much, both of you! This is really helpful and the kind of thing I have been looking around for. Truly appreciated.
  10. My husband has been sent a court date for the hearing of the application. It is a little over two weeks, so from what I have read, I need to submit a statement of response to the court and the claimant at least a week before.. I have been reading around this site and the answers in this thread, this is what I have come up with so far: In response to the request from the claimant to be granted summary judgement, I submit a statement of dispute on the following grounds; Claimant has stated in part 1. That "The defendant has no real prospect of defending the claim". This is disputed as the claimant has still not complied with my sections 77, 78 and 79 request as the documentation provided is not compliant. Claimant has stated in part 2. That "There is no compelling reason why the case should be disposed of at trial." This is disputed as under sections 77, 78 and 79 of the Consumer Credit Act, a creditor cannot get a court judgement against someone without providing this. Statement of facts *The claimant has failed to provide me with proof of the debt. *The claimant states that the debt is £1773,03, but is claiming for £1,823.03 without any explanation. *The claimant states that the application is due to me not filing out an expenditure form, but I have still not been sent the information requested to prove the debt. Please could you tell me if I am on the right track at all?
  11. Oh wow, thank you for your reply.. You have given me a few pointers for a response for when they lift the stay. -Non-compliant recon agreement, so they haven't fulfilled my (my husband's) request for the credit agreement. - No compliant (?) Default Notice - They state they issued a claim for not filling in an I&E form, yet they still hadn't provided the requested information I know that is not the correct terminology, I will look around the website for the correct way to say it.
  12. Oh, that is all of the things that they sent me.. I thought because it said default on it, that it counted.. the same as it mentions default on page 10 and page 12 on PDF1.. So that means that they haven't actually sent what they said then..
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