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[pompeyfaith]

Thank You Welshmam something else Ive learnt to do this morning

[WelshMam2009]

Thanks PF...will take a look for you asap

[pompeyfaith]

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

[WelshMam2009]

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!!

[WelshMam2009]

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...

[pompeyfaith]

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

 

Regards

 

Pompryfaith

[pompeyfaith]

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

 

Take Care

 

Pompeyfaith

[guzzleguts]

Good luck on the 3rd PF, will be going through this myself soon.

 

GG

[pompeyfaith]

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

[WelshMam2009]

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!!

[pompeyfaith]

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 February 19, 2009 by pompeyfaith

[pompeyfaith]

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

 

Ok there is the default notice

 

Regards

 

Pompeyfaith

[guzzleguts]

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

[pompeyfaith]

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

[WelshMam2009]

Just to let you know that I'm back now Pompey and working my way through the relevant contractual terms.

[WelshMam2009]

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 February 19, 2009 by WelshMam2009
Altered 1.2

[pompeyfaith]

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

[WelshMam2009]

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...

[pompeyfaith]

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

[pt2537]

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

[pompeyfaith]

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

[pompeyfaith]

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

 

Regards

 

Pompeyfaith

[pompeyfaith]

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

[WelshMam2009]

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??

[pompeyfaith]

Thank You WM ill do that