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Hi Rob

As I told you in my PM, I'm trying to get some expert advice. A further question I need answered is this: the real default notice which I hold is a copy, I sent the original to Payplan, who inform me that it was shredded and a copy held electronically. What a load of stupid barstewards, they obviously don't appreciate the importance of keeping original documents. It seems par for the course with Payplan though as I've read stories from people on here who have let them (Pp) deal with court claims on their behalf and Pp have just gone ahead and admitted the debt without offering any defence. They've sent me their copy which is of course the same as mine. As they're both copies, should I get my Payplan officer to sign some kind of witness statement saying it's a true copy of the one sent to them in February 2007. What do you think? I'm no expert but I guess that might be advisable. I guess if I claim their version is a fake, couldn't they say the same about mine? I would say that they have more reason than you to be the ones who are trying to cover their tracks, especially as you didn't notice the difference/relevance although how that could be demonstrated I'm not sure.

Cheers

Polly

 

I was hoping there would be some mileage in your invalid default notice, then some more with the second one being fraudulent. It would be nice to get some expert opinion on these ideas.

 

It may even be that if there is a strong case showing that the bank are attempting to commit fraud, then by pointing this out to them, they may be willing to cooperate with you in removing the CCJ. :rolleyes:

 

Rob

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Hi anyone

I'm sending my defence of tomorrow and if anyone could have a look at it and tell me if I'm on the right track, I would very much appreciate it. Not finished yet, but I'm knackered. Any suggestions would be very welcome.

 

Thanks

Polly

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Very good Polly. I can't think of anything to add off the top of my head but if I think of anything before tomorrow I'll let you know.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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HI Polly, just read your thread and good luck. You are in a similar situation to me and I will watch with interest as to what happens in court. I would like to see what your defence is as I am preparing mine at the moment, but I am unable to open you attachment.

Starting with NatWest - 3 personal, 5 business accounts

Next 11 credit cards

Next personal loans, morgages, sercured loans

Then anything else I can think of.

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Hi all,

 

if anyone's interested, I have added to my evidence as attached.

 

[ATTACH]2253[/ATTACH]

 

Hi Polly

 

Yes I'm interested for one! Sorry I didn't reply before now but I've had my head down (not the toilet!). Been very busy typing some responses to various ongoing battles, and typing is not my cup of tea!

 

Wishing you continued good luck with this :)

Rob

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Hey Rob

Thanks for your good wishes.

I have a question for anyone out there.

 

Someone on this site advised me I could charge 9.25 an hour for my time. Weightmans agent charges 95 an hour. Is there any reason I can't charge the same or more, even. Where do these sums come from, they seem a bit arbitrary?

 

Cheers Polly

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Hi Polly, from my time as a legal secretary, I know that Solicitors' hourly charging rates in the Courts have to follow set guidelines, which I think are set by either the Courts Service or the Law Society (can't remember which). The amount they can charge per hour is set according to the seniority and qualifications of the person in the law firm handling the case and the area of the Court they are appearing in. These vary between about £80 per hour for an unqualified legal clerk in the sticks, all the way up to about £400 per hour for a top jolly in London. I'd say if Weightmans are allowed £95 per hour in your case, that they have a legal exec on it (probably with only about 4 years post-qualification experience). Now let me tell you that from m time as a legal sec, some legal execs were damned good at their jobs and others were absolutely hopeless. Let's hope you get an absolutely hopeless one, eh? Good luck.

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...... I've finished my further evidence and its attached, if it's of any use to you.

 

Hi Polly

 

I've just had a read of your statement and to my non-expert eye it looks good.

 

 

Regarding your para 21, the following is what pt2537 (Paul) added to my witness statement which he tweaked for me, and I suspect he wouldn't mind if you were to adjust it to your own circumstances:

I have yet to view the original credit agreement or any other original documents that the claimant seeks to rely upon, I am aware that the civil procedure rules makes provision for the original documentation to be made available under practice direction 32. It is clear to me that since it is disputed that the documents which the Claimant seeks to rely upon as the alleged “Credit Agreement” the only way to establish truly if they are indeed part of the same document is to produce the original document before the court. In addition, I am aware that there are many regulations and statutory acts which place a duty upon the Claimant to retain original documentation inter alia- the Money Laundering Regulations, the Companies Act 1985 sections 221 and 222 etc. so it stands to reason that they should be able to bring before the court a copy of the original document.

Also, if you can prove the agreement is not enforceable, what about my suggestion earlier in this thread (post #34) that any interest added (ie contractual interest?) by the claimant during the history of the account was added unlawfully as there was never any agreement to allow that to take place? That was just an idea I had from someone elses suggestions elsewhere on these forums, I don't actually know if it's a legitimate argument but it might be worth seeking expert opinion on.

 

 

Cheers

Rob

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Thanks Rob, I've modified that chunk and pasted it into my evidence. You probably noticed that most of it was from your amended defence. Let's hope it serves the purpose.

I like your idea about the interest. I wonder what anyone else thinks?

 

Cheers

Polly

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Thanks Rob, I've modified that chunk and pasted it into my evidence. You probably noticed that most of it was from your amended defence. Let's hope it serves the purpose.

I like your idea about the interest. I wonder what anyone else thinks?

 

Cheers

Polly

 

Not forgetting that my amended defence was not my handiwork, but was courtesy of Paul of course ;)

 

Cheers

Rob

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Have to say this. I had quite a bit of input on this thread initially and now it seems to have been abandoned. I've had no expert input for some time now, thoughI wouldn't understimate the input of those who've been supporting me (robag, lightattheend) I just think its a shame, that through whatever process is taken precendence here, a case should be abandoned like this before the crucial last stages.

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Hi Polly

 

I can understand your frustration.

 

I know it's preferred that people stick to 1 thread per case, but how about starting a new thread with a catchy title so as to attract some attention, and referring to this thread?

 

Good luck ;)

Rob

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I wonder, Polly, if it might be because people see that you're doing so well that they don't feel they have anything useful to add at the moment. I expect there are still plenty of people watching this thread and waiting for developments though, even if they're silent at the moment. Keep your chin up. :)

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Thanks you two:)

I was just having a bad moment but I'm back on course now. That's a good idea Rob about a new thread. I really need to know what if anything I should admit to in court and what might happen there. I wonder what the possibilities are when you have a non-valid default notice and agreement.

Thinking on it. Thanks again.

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Hi Polly. I've been following your thread with interest, as I'm tryin to get a ccj overturned also - but I'm further behind than you, so I'm afraid I havent got any valid or useful advice to give.

 

I particularly like the evidence you put together - it sounds really solid.

 

Also, it sounds like you've got two good un's fighting your corner too -

 

Best wishes

NatWest

Data Protection Act Letter - 06/08/2006

Statements rec'd 14/9/2006

Preliminary Letter sent - 27/9/06

LBA - 18/10/06

Claim with Court - 31/10/2006

Got until 14/11/06 to acknowledge.

7/11/06 Received ltr offering full settlement minus

interest + court costs

12/11/06 - Rejection sent

17/11/6006 - Natwest Acknowledged

4/12/06 - Rec'd Natwest Def (Cobbetts)

5/1206 - Rec'd partial offer (Cobbetts)

THE WOOLWICH

Data Protection Act Letter - 06/08/2006

List of charges rec'd - 04/9/2006

Prelimary Letter sent - 06/09/2006

Response - 'fully investigating' - 11/09/2006

Claim with Court - 20/10/06

Acknowledged - 20/10/2006

Defence by 17/11/2006

AQ to be returned - 11/12/2006

Court Date - 14/02/2007

**SETTLED IN FULL**

CAPITAL ONE

**SETTLED IN FULL** 3/11/06

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  • 2 weeks later...

To everyone who's helping me here and wishing me well. I'm in court at 10.30 tomorrow. I'll keep you posted and hope my experience can help someone else.

 

Thanks

 

Polly

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Hi Polly, I'm keeping my fingers crossed, my toes crossed, my legs crossed, my arms crossed - just about everything. Go for it, give it your best shot, try to keep calm and collected. In final preparation tonight, try to imagine what questions you might be asked by the DJ, think very carefully what your answers should be. Tomorrow, be very respectful, don't get agitated or angry, be on your very best behaviour where the DJ is concerned. All the very best to you. And when all's said and done, you really can only do your best. You will always have the satisfaction of having done that. Good luck to you. :-) :-) :-)

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Hi Polly :)

 

I've probably typed this too late for you to see before you set off to the court, but all the very best of luck this morning.

 

Cheers

Rob

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