ok you owe her £2900 by my reckoning what we need to know is the exact terms of the contract between you, what you said to her, what she said to you, what the words were relating to repaying, amounts etc, These are key to your case. For there to be a contract there must be an offer, which is accepted, consideration and intention to be legally bound. any of these are missing then there is no contract and no claim. Paying her credit card is absurd, you ought to pay her and then she uses the money to pay whom ever she wants. i do ponder however why you would sign the credit card statement, but of course that is not part of the contract, as that cannot be retrospective, did you blank sign the statement and then the words entered later?

oh lordy This is a prime example of people reading a snippet of a case, putting 2+2 together and coming up with 365 Jasper quite rightly sets out matters, but i would say to anyone reading the Court of Appeal judgment would surely note Mr Jonathan Crow (instructed by the Treasury Solicitor) for the Secretary of State as Intervenor Miss Monica Carss-Fisk QC (instructed by the Treasury Solicitor) as Amicus Curiae The Secretary of state is the intervenor here as Parliament had sought to challenge the earlier declaration that the provisions of s12(3) were incompatible with Human Rights laws. People need to read and understand the cases and not start spouting off unnecessarily, as opponents would quite happily agree if you went to court and said the Wilson judgment had been overturned, lol for the Record, Wilson is still even today good law, it has not been overturned, it is still live

was there a default notice served? if there wasnt then i can see why the barrister would have argued it i think that the thing we must remember is that Counsel are highly trained and very skilled, and some are better than others, have you looked into the background of your counsel? seen what he or she does? May be counsel has a trick up his or her sleeve May be this isnt the place to be asking these questions given your opponents have accounts on here

LOL Magda, its not a simple as that there is weight to the evidence, and the more toooing and froing there is the weaker the evidence is. Think of the boy who cried wolf. the more they change the worst it is also is there any part 18 in play with a statement of truth on it? if there is, then thats even more tricky it is never as simple as people set things out on these forums sadly. that is why you can never make informed decisions on the facts presented here

it depends on what happened first thats the crucial point Also if the party has made an binding statement and now goes back on it, then his evidence becomes weakened

the question of course, is, has the agreement been terminated? why would you agree it has if it doesnt help you? that does seem strange to me

The duty is extinguished when the agreement ends HHJ Brown QC Rankine vs Amex In the High Court of Justice

no worries its what i do for a living lol, i love BC, they are the easiest opponents to play with. I expect you will recieve a notice of discontinuance soon enough , if not then you ought to get an allocation questionnaire soon from the court

no you send the Court three copies of your defence type a cover letter saying Please find enclosed herewith the Defendants Defence. Please seal the enclosures, serve upon the Claimant and return surplus copies to the Defendant That should be sufficient, let the Court seal it before Carter gets it, that will make him piddle his pants heavily

you need to insert the name of the County Court at the top of the defence If it is still in Northampton then remove the reference underneath to "on transfer from Northampton county court" as this is only applicable where the case has been transferred

that should be sufficient

Nope, calm down here,you dont put costs on the Defence. What i have pleaded is enough for that no need to particularise the costs at this stage Firstly, your defence is not badged correctly, nor does it have a statement of truth in accordance with CPR 22. You ought to prepare it correctly as failing to do so leaves you open to having the Defence struck out. Give me 20 mins and i will put it in order

The Defence that Jasper raised is sufficient for the purpose of your case, i would be tempted to plead a few more points, such as

ok there is mis information about what can be claimed the position is set out clear as day light in this case http://www.bailii.org/ew/cases/EWCA/Civ/2002/250.html

you only need to read HHJ Platts judgment in HFO v Patel to see that actually it is necessary to identify the unenforceability points and to plead them properly in the Defendants Defence, you can no longer place a creditor to strict proof As for the comment about dodgy legal firms you should read the SRA code of conduct, and if the court ever openly criticises the conduct of the sols then you can bring a complaint to the SRA who will act and discipline them

Wrong, Wrong and erm Wrong again sorry Car i totally disagree with that comment

Hi Angel, Setting aside the judgment ought to be straightforward to a legal professional. Link will know when presented with the right points, that they will not be able to oppose setting aside and id suggest they may even sign a consent order and agree to set aside judgment on a drop hands basis. The alternative, is for them to lose an application and then have to pay your costs, which could be a fair amount. For example as a grade C fee earner, my hourly rate if £160 plus vat, now think of how many hours link would be liable for and you will see that they wont be happy about paying the costs, hence why they may look at drop hands IE no order as to costs. Personally, i dont think its all doom and gloom, but that depends on preparing correctly. You actually have an agreement to extend the time for filing your defence so that will be a huge obstacle for Link, and one that can be used against them for sure

Fantastic, then the Claimants pleaded case is frankly absurd and i see why people are suggesting denying the goods. What is important though is that you do not deny the goods from the catalogue, wording is key here, a blanket denial of receipt of any goods from a catalogue is going to drop you in hot water. when do you need to have filed and served a Defence?

ok fab so who is the claimant?

i didnt say do not defend, lets be clear on this What i was alluding to however, was that you are in real danger of committing perjury / contempt of court if you sign a statement of truth on your defence that is a lie. you are being told to deny the goods? but you did indeed have the goods yes? if you had the goods and have knowledge of them, then who ever suggests that you say the contrary, is frankly darn reckless. in plain terms what i said about was, there is no signed agreement, therefore, if that is the case and if the goods were purchased on credit terms then the agreement will be unenforceable subject to the question i raised, as to when the agreement was made and how much the goods were valued at. You see, after the 6th April 2007, the law was radically altered. So the courts powers changed dramatically, so if the agreement was before 6th April 2007 then there are different remedies that are applicible. Also the Consumer Credit Act 1974 does have exculsions on whether agreements are regulated dependant upon the amount of credit. So can you please advise as to the date of the agreement and how much the credit was for. Also please can you point out which catalogue it was with please? I deal with litigation on a daily basis against the likes of Phoenix, Carter et al, and i am happy to try and assist you but i need this info to be able to do so. There are rules as to what you must plead in your defence, if you fail to follow these rules, you could face summary judgment against you, so its really important that the defence is drafted correctly and pleads the points which it needs to. I refer to the judgment of His Honour Judge Platts (on appeal) in the case of HFO Services Limited vs Kirit Patel. there are a few other judgments which support Judge Platts view, and therefore, as i have said, you MUST plead the breaches of the 1974 Act that you wish to rely on, if you simply say its improperly executed you may fail. and btw the judgment i refer to was involving a litigant in person, Mr Patel was not represented, so that judgment applies to you to.

ok the facts there were goods those goods were supplied on credit terms the credit was regulated by the Consumer credit act 1974 by virtue of s61(1) (a) of the 1974 Act, there must be an agreement in writing signed by the Debtor and containing the prescribed terms if the agreement is to be properly executed. In the absense of a signed agreement, then s65(1) says that the agreement is only enforceable by order of the court by s127(3) of the 1974 Act, the court may not make an enforcement order and the claim must be dismissed. I would say however,that we need to establish what the amount of credit was, and the date the credit was taken out. i must confess that i havent read the thread but i would point out that regard must be had to HHJ Platts judgment in HFO services vs Kirit Patel. you need to plead properly the allegations of improper execution, you cannot place the opponent to strict proof, it is no permitted where you wish to rely on allegations of improper executed, you must state why its improperly executed, if you dont then you will be in trouble

more posts removed, but no one has been kind enough to let me know why,sigh, ok, anyway, to add to the points above, you say not recognised as a credit agreement? again this is a dangerous approach, and one that people miss alot, it seems the advice on here also fails to consider this point often too. People often argue "its an application form" but you need to consider s127(3) Consumer Credit Act 1974 as that provision provides that the document needs to contain the prescibed terms and be signed by the debtor. that is all that is needed for the court to enforce it in my humble opinion. The agreement would be improperly executed but would not be irredeemably unenforceable to the point where no enforcement order could be made. so, if you can expand on the point as to why its not a credit agreement that that would help

ok, i refuse to give away the arguments we are running here, But the acount number is a non starter, The assisgnment is a problem for them, i have a case authority for that, cant attach it here and dont know if its reported on the free sites, but the authority is Cia Colombiana de Seguros v Pacific Steam Navigation Co [1965] which says the notice cannot be provided after proceedings are issued, the arguments are complicated and regard should be had to equity too, The illegible agreement will only assist if there has been a section 78 request under the Consumer Credit Act 1974 (per Rankine v Amex and Carey v HSBC) The illegible agreement must also be properly pleaded within the Defence. Per HHJ Platts in HFO vs Kirit PAtel on appeal so you have the potential but you must make sure you get it in order to move forward really. I hope this helps, its the best i can do with the restrictions in place

lol oh well

These are guidance notes on preparing a witness statement in opposition of summary judgment that i use, i hope they assist, but that is the best i am able to do