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    • while politicians trough at subsidised bars and canteens, claim thousaands in expenses while letting out their properties and tories vote to leave UK children hungry That ALL needs to stop
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    • Primary and secondary teachers are supporting pupils with their own money, buying food and warm clothing. Eight in 10 primary teachers in England spending own money to help pupils | Education | The Guardian WWW.THEGUARDIAN.COM Increasing numbers of children hungry and lack adequate clothing, with two-thirds of secondary teachers also supporting pupils  
    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
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Thank You Welshmam something else Ive learnt to do this morning

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thank You Welshmam im very grateful i cant allow mbna to get away with this without a fight.

 

The trial is not until 3rd march so as long as i can deliver this to court by end of week i should be ok.

 

Thank You

 

Regards

 

Pompeyfaith

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Thank You Welshmam im very grateful i cant allow mbna to get away with this without a fight.

 

The trial is not until 3rd march so as long as i can deliver this to court by end of week i should be ok.

 

Thank You

 

Regards

 

Pompeyfaith

 

Brill...will do some more research on it today and promise to get back to you no later than this evening (have dental appt later!!)

 

If anyone else has anything to add then please help PF also!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Just a quick question Pompey....you are a 'litigant in person' aren't you?

 

By that, I mean that you are representing yourself and don't have legal representation...

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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Yes Welshmam i am litigant in person and thank you for your help

 

Regards

 

Pompryfaith

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I gota pop out also so ill be back in a wee while

 

Take Care

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

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Thank You GG all i can do now is give it my best shot and hope the judge sides with me on this

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

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PF....I can't find a copy of the default notice that MBNA issued in April 2008....have you uploaded this? Does it look legit?

 

Also, you still have personal info identifying you on your photobucket account!! In addition to the newspaper article am sure I came across a letter from the co-op with your home address on. Perhaps you'd like to check this out!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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thanks ill check that out the default is posted on my thread somewhere ill go track it down and port the link again as far as in aware its legit apart from it refering to breaking clause/paragraph 8 which is not on the agreement but the agreement they now refer to cannot be one as it is not signed by me or them Hell this is getting confusing lol

Edited by pompeyfaith

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http://i321.photobucket.com/albums/nn363/pompeyfaith/MBNADEFAULTNOTICE.jpg

 

Ok there is the default notice

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

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You would like to think the judge will, but a couple of weeks ago i thought i was just turning up for the case to be struck out.

the claimant had an unenforceable cca and a joke for a DN. But the judge decided that was ok, i was speechless and had to educate him on parts of the cca and the fact the DN wasnt one, only then did he order the claimant to prove the documents which their deadline is up at 4 today!

 

I have to say the educating part was all down to this site and particular to 42man who supplied me with quite a bit of case law on this subject.

 

So i think as long as you go in there prepared, i think you will be fine.

 

And on a lighter note i hope pompy get a new manager soon, dont want you going down its an easy 6 points every year. ( just kidding) good luck mate.

 

If there is anything you need on MBNA with my thread or doc's just shout, like i said il be there in a few weeks myself.

 

GG

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Thank You GG ill have a read of yours soon as i can get to my PC lol the missis say no more pompey will be ok the great escape will be repeated

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

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On behalf of: Defendant

Witness:

Number: 1

Exhibits: LC1, LC2, LC3

Date: 16th February 2009

 

Claim No:8XH83001

 

IN THE PORTSMOUTH COUNTY COURT

BETWEEN

 

MBNA EUROPE BANK LTD

Claimant

- and -

POMPEY FAITH

Defendant

 

WITNESS STATEMENT OF

POMPEY FAITH

 

 

 

 

I, Pompey Faith of 10, Downing Street, London SW1A 2 AA, will say as follows:

 

1. INTRODUCTION

 

1.1 I, the Defendant, am a litigant in person in this case.

 

1.2 I make this statement in response to the Claimant’s demand for payment in respect of a credit card agreement regulated by the Consumer Credit Act 1974.

 

1.3 I am presently employed as XXX on a low income and am also an unpaid carer for XXX. As a victim of a stroke in 1990, I am left with varying symptons of permanent damage including but not limited to confusion, forgetfulness, high blood pressure and anxiety.

 

1.4 I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

 

 

This is what I have drafted for the first page PF, you will need to amend the bits in red. I am getting a little confused as we seem to be combining a statement and a skeleton argument all in one. Is this what you intended? Are you planning to submit a skeleton argument as well??

Edited by WelshMam2009
Altered 1.2

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Hiya Wm,

 

Firstly do you have a sixth sense as you logged into this page same time as me lol

 

That is looking fantastic WM, well the point is because of there abuse of process they have denied me my right to submit a full defence so i was trying to put a few points across aswell because of this.

 

Not sure if that was the right way to go about it so im open to ideas.

 

Regards

 

Pompeyfaith

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Ah to hell with it...we'll throw it all in there and if we duplicate then we duplicate...you are a lay person after all!!

 

Think you may have up until 2 days before your trial to submit a skelton argument so it's worth checking with the court when you submit this...

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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one point WM im not employed in the sense i have a job i was made redundant last yr but have since due to the lack of work refered back to doctor due to my stoke and needing more physiotherapy who has signed me of on a med 50 so am getting incapacity benefit i care for my mum in law during the day but i dont get paid for it

 

Does that make sense ?

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Guidance Notes on Witness Statements

 

The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved at trial by their oral evidence given in public and, at any other hearing, by their evidence in writing.

CPR r.32 and CPR PD 32 set out the formal requirements for written evidence, including witness statements. These are summarised below.

Format of the witness statement

The top right hand corner of the first page should contain:

· The party on whose behalf the statement is made;

· The initials and surname of the witness;

· The number of the statement in relation to that witness, e.g. 1st, 2nd, etc.

· The identifying initials and number of each exhibit referred to in the statement. For example, if it is the witness’s first statement and it refers to three exhibits, these should be referred to as “ABC1” to “ABC3”. In a subsequent witness statement in the same proceedings, further exhibits would start at “ABC4”;

· The date the statement was made.

The witness statement should be headed with the title of the proceedings.

The witness statement should:

· Be produced on good quality A4 paper with a 3.5cm margin;

· Be fully legible and should normally be typed on one side of the paper only;

· Be bound securely in a manner which would not hamper filing;

· Have consecutively numbered pages;

· Be divided into numbered paragraphs;

· Have all numbers, including dates, expressed in figures; and

· Give the reference to any document or documents mentioned either in the margin or in bold text in the body of the statement, for example [at page14 “ABC1”]

It is usually convenient for a witness statement to follow the chronological sequence of the events or matters dealt with. Each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject.

Content of the witness statement

· The witness statement must, if practicable, be in the witness’s own words and should be expressed in the first person;

· The first paragraph generally sets out the “who, what and why” of the statement maker:

o Who the witness is – name, residential address (or business address if he is making the statement in a business or professional capacity, together with the position held and the name of his firm or employer)

o What the witness’s connection with the proceedings is

o Why the witness is making the statement;

· Witness statements should deal with facts known to the witness. To demonstrate that this is the case, words such as: “Save where I indicate to the contrary, the matters set out in this witness statement are known to me personally.” Where a fact is not within the direct knowledge of the witness, it can be included but should be preceded by, for example “I am informed by [ ] and believe that ...”. It is important to state the source of any matters or information or belief;

· Witness statements in support of or in opposition to an interim application should contain only facts relevant to that application;

· Witness statements of lay witnesses should not contain legal argument. If it is necessary to refer to the legal position, a phrase such as “I am informed by my solicitor and believe that ...” maybe used;

· Witness statements must contain a statement that the witness believes the facts in it are true;

· Witness statements should be signed and dated.

Please see outline precedent witness statement below.

Exhibits

Documents referred to in a witness statement should be produced to and verified by the witness and remain separate from the witness statement.

Copies of individual letters should be collected together and exhibited in a bundle or bundles. They should be arranged in chronological order with the earliest at the top.

Each exhibit should have a front page attached identifying its exhibit number and details of the statement to which it is exhibited.

The top right hand corner of the exhibit sheet should contain:

· The party on whose behalf the statement is made;

· The initials and surname of the witness;

· The number of the statement in relation to that witness, e.g. 1st, 2nd, etc.

· The identifying initials and number of each exhibit referred to in the statement. For example, if it is the witness’s first statement and it refers to three exhibits, these should be referred to as “ABC1” to “ABC3”. In a subsequent witness statement in the same proceedings, further exhibits would start at “ABC4”;

· The date the statement was made.

The exhibit sheet should be headed with the title of the proceedings. A centre-heading should state the exhibit number.

 

this is the guidance notes from the precedents i use in my day job

 

Hope it helps

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WOW you in or have been in medical profession WM because you got my symptoms bang on

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thank You PT your imput in what ever form is always welcome

 

Regards

 

Pompeyfaith

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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WM ill be back in 30 mins son just called for a lift lol

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Pompey - All the better....amend that line to advise of the change in your circumstances.

 

PT - Many thanks for this. This states that the witness statement should not contain any legal argument even though MBNA's statement does as it refers to the Rankine case.

 

Do you suggest that Pompey sticks to the absolute facts and leave the argument for his skeleton? If so, does he have a longer period of time to draft the skelton and submit the authorities??

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Thank You WM ill do that

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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