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Thank You PT that looks fantastic in light of the time i now have should i send this to the court special delivery and do i have to copy that to optima legal ?

 

Regards

 

Pompeyfaith

hang on, not finished yet

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right, each exhibit, attach a cover sheet as follows

 

 

On behalf of: Defendant

Witness: [initials and surname]

Number: [1st]

Exhibits: PF1

Date:

IN THE XXXXXXXXX COUNTY COURT Claim No:

 

 

BETWEEN

[________]

Claimant

and

[________]

Defendant

 

 

 

 

EXHIBIT "PF1"

 

 

This is the exhibit marked "PF1" referred to in the [1st] witness statement of P Faith dated the day of

 

 

 

 

 

 

 

you will need to amend the bits which are marked with PF1,2,3 etc as i did not know your initials so i used your user name instead

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Thanks PT ill get that sent first thing on the 2nd January 09 via Special Delivery

 

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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Good stuff, i have amended a few bits, and i would make sure that you have every thing that is referred to in the statement attached

 

 

you will find the regulations i refered to within in this link

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html

 

you need to make sure the judge has EVERYTHING so that he can see from the authorities themselves and not your witness statement

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Thank you very much PT for putting my Court Case on a straighter line I was totally lost when that came though my door this morning.

 

Happy New Year to you

 

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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Thank You BRW and yes indeed great work by PT with him on board it makes me more stress free.

 

BRW this an open forum so you are more than welcome to use whatever on my thread.

 

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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PT I've printed of the first two links you gave me but I'm struggling to find any updated info to the consumer credit act if there is any on the link below:

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/27535-consumer-credit-act-1974-a.html

 

I would be grateful if you could point me in the right direction.

 

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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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 you are a star:)

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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HEHE glad i brought some more printer paper today :D

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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Hiya PT and All,

 

Just to let you know I sent that Witness Statement to court this morning via SD and they will get it Monday by 9AM.

 

Thanks for your help and knowledge I don't know what I would of done without your help.

 

Being a full time unpaid carer to my mum in law im finding it hard to keep pace with all this so you help in keeping this on track is much appreciated.

 

Ill post back soon as i hear anything.

 

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

 

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

 

Good Evening All,

 

Could someone have a look at the agreement that i was sent from optima legal and tell me if it would stand up in court personally i don't think it will but i could do with someone telling me where it falls flat.

 

Also if this is all that MBNA can produce am i right in thinking a default should not have been issued against such a poor agreement.

 

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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erm, didnt i deal with the default notice in the witness statement and out line the defects in it? i really trust you have read and understood the document i posted as it is your witness statement ;)

 

and when people ask questions that have already been dealt with, it worries me as it looks as if you havent read what has been posted

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Yes pt you did and fully understood,but what im trying to work out is exactly where the agreement falls flat apart from clause 8 as the agreement merely looks like an application to me.

 

Regards

 

Leon

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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PT tank you for the help and advice you have been giving me but now im not sure what to do next.

 

I recieved a witness statement from optima legal which was sent to me via the court but now today i recieved another bundle direct from optima legal at first i thought it was just a copy of the same which the court sent me.

 

But on closer inspection it is as optima legal say A SUBSTITUTION OF THE STATEMENT LODGED AT COURT PREVIOUSLY IN RELATION TO THE CLAIMANTS APPLICATION FOR SUMMARY JUDGMENT.

 

What do i do in response to this ?

 

Shall i scan and post it up for you to see.

 

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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Anyone tell me what this means, if MBNA are taking me to court now come the balance on this statement is NIL.:confused:

 

Where has the balance gone ?

 

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

 

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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OK all,

 

Having studied all this paperwork for some time and i apologize to PT it looks like optima applied for a summary judgment on the following witness statement:

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT1PAGE4.jpg

 

But the judge turned it down in my absence according to this order:

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/COURTORDER1.jpg

 

Now Optima Legal have submitted another witness statement seeking to get the court to strike it out in there favour:

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE1.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE2.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE3.jpg

 

http://i321.photobucket.com/albums/nn363/pompeyfaith/WITNESSSTATEMENT2PAGE4.jpg

 

Where do i go from here.

 

Regards

 

Pompeyfaith

Edited by pompeyfaith
spelling

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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Hello Pompeyfaith!

 

I've only had a quick look, but I think PT2537's Witness Statement above is still sound.

 

Their new Witness Statement is just a slightly beefed up version of the last one, but quoting chunks of Rankine to try and big up their pretty lame Claim.

 

They are trying to imply that you are aiming to get off on a loophole, which is a little rude of them!

 

Until PT2537 or Andyorch comes back, I'd advise that you just re-read PT2537's Witness Statement, and read the Case History he's mentioned.

 

Optima are effectively trying to say that anything in the Consumer Credit Act 1974 that doesn't suit them is a loophole. Well, they can go and swivel.

 

I think you are already well ahead of them, so don't worry too much about them trying to swap Witness Statements. It just reveals that they realised their first one was complete pants, and knew they had to make it sound a little more serious. It's not a lot better, it only seems that way at first glance.

 

For reference, below are Paragraphs 8-9 from the Rankine Judgement they are quoting...you may recognise the chunk in purple, as it appears almost word for word in their Witness Statement:

 

(8). The Court heard evidence from representatives of each of the financial institutions involved. Needless to say, most of the evidence involved formally producing or referring to documentation much of which had been electronically generated or produced. Mr Rankine cross examined all these witnesses but I am satisfied that all the information they produced was an accurate contemporaneous record of events and that all the financial institutions followed the standard procedures of the highly technical CCA and ancillary regulations. They are all highly sophisticated financial institutions whose systems and programmes have long since been well geared to the mechanics Consumer Credit Act that has been on the statute book for over 30 years and Regulations of some longstanding and development. Nevertheless, Mr and Mrs Rankine have sought to challenge these procedures and contend that there are loopholes in the Act and the Regulations that nobody else has detected before until they have done so and that this enables consumers to run up debts and not pay for them.

 

(9). It is worth remembering that the context and purpose of the CCA: the Consumer Credit Act was introduced to protect the individual unsophisticated in financial affairs in contracts with unscrupulous and sophisticated financial institutions. It was not designed to help individuals in the financial services business make money out of financial institutions through exploiting its undoubted technicalities.

 

Keep your chin up, things are never as bad as they look at first.

 

Cheers,

BRW

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Thank you BRW i will do as u say i think they r indeed paniking as i now believe they brought this case before they got hold of agreement which is very poor to say the least Regards

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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as i thought PT so the judge will still use my statement against their latest offering ?

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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