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    • Now some at this stage might think I'm leading to doggerland as the site of Atlantis   https://www.winterwatch.net/2019/01/did-the-inspiration-for-atlantis-flood-and-ark-legends-stem-from-paleo-doggerland/           but for a number of reasons, I'm not ... although I think it is a part of the larger story,   Its a little late. I believe the final inundation of doggerland is part of the later Biblical flood and related myths. (Black Sea, Arabian Gulf, West coast of India etc) ... but worthy of mention is that it could effectively make up one of three 'larger' islands as detailed in the legends far better than the Azores does. ... and mammoths/elephants crossed that bridge - although carefully check the dates of those mammoth/elephant migration evidence. They seem to end 11000bp.           http://www.bbc.co.uk/earth/story/20150722-lost-beasts-of-the-ice-age   http://www.canada.com/technology/Massive+Canadian+melt+have+triggered+flood+biblical+proportions/3954124/story.html   https://en.wikipedia.org/wiki/Outburst_flood   http://www.talkorigins.org/faqs/flood-myths.html#Sproul    
    • Hi.   Someone reported that your pg1 still had the reg number showing, so I've removed it and left pg2.   HB
    • Yes because you have not entered into an agreement with the claimant...nor do they state you ever did.   2.The loan was funded by Ferratum Uk Ltd.
    • Hi DX   Thank you for that.   No house move    Doh ... I know what a PAP LOC is now (apologies for being slow !)   I have had a tinker and found another defence example which I have taken account of.    How does the following now look ?  (bit lengthy apologies in advance !) **********************************                                                                           Particulars Of Claim 1.The claimant claims this amount in respect of an unpaid loan, regulated by the Consumer Credit Act 1974. The loan was funded by Ferratum UK Ltd.   2.The Defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant upon which a Notice of Assignment was sent to the Defendant.    3.The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments.   4.The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance to no avail.    5.The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/02/2019 to 23/07/2019 on  £417.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09."    " Defence    1.            The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5(3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2.           Paragraph 2 is denied. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.  And it is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925    3    Paragraph 3 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £431.81. It is denied the defendant failed to abide by the terms of contract.   4.       Paragraph 4 is noted although I have no record of ever receiving a Default Notice or Notice of intention to serve a Default Notice in this matter.    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.   (a) show how the Defendant has entered into an agreement ; and (b) show and evidence the nature and service of a default notice pursuant to sec87.1CCA1974 © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7 .As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any   ******************** end of defence ************
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bobneedhelp

Backdoor Lowell CCJ/CO - old Barclaycard debt - prob SB'd - Set Aside - Now Stayed

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enamae

Thanks - I am preparing albeit very slowly

- hope it will be alright

- only a week away now but i am keeping strong.

 

x20 and everyone,

thanks for reminding me of the importance of family times together and the thoughts that came to my mind was the many weekends spent with my childrens when they were growing up...

.. picking them up every weekend and we kind of do many different things together.

 

It was wonderful times then.

On reflections, it was the greatest moments of my life until I fell ill and complications started with the debt, work and all.

 

Time flies by very fast and wait for no-one if I can say that. My children are now 17 and 19 years old respectively.

They have a few more critical years ahead and I like to be strong and give them the additional support during this period.

 

I am indeed very glad that I found CAG and managed to built up confidence to deal with the allege debts and dca's

- a lot has happened in the last 2 months and I am grateful just for that.

 

Many a times I am still unsure of directions and what to do but I am staying strong.

 

In going to the hearing I will continue to remind myself to stay strong and be focus whichever way it will lead to.

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Bob, this is something I think most posters should read when getting depressed or down in dealing with banks, dca's, cra's or finance companies or courts. It was posted way back in 2006/7 by a person who's name escapes me but I've posted numerous times and it just shows you that there is a way to deal with life outside of all this. Its a bit long, but worth it enjoy:

 

“Ruminations:

 

This was a liberating day - surprisingly so, in some respects.

 

Got up early, having decided to set the ball rolling. Drove my long-suffering wife (it's our 23rd anniversary on Sunday - your felicitations will be most welcome) to work and went to have a cup of coffee while waiting for the banks to open. A multi-shot black coffee with cream. Woke me up a bit.

 

Banks opened: I went to the Portman Building society first and asked if they had a basic bank account. No, is the short answer. They can't do standing orders and DDs, so no use to me, then. Looked for Co-Op: none in (market city in SW England). So I went to Lloyds TSB. I've banked with them before - 30 years ago, when I was a student. The moment I stopped being a student, they demanded the entire overdraft back. Immediately. So I switched - to NatWest, as it happens, but that was a long time ago and I've been with Midland, Barclays and NatWest again, since then.

 

Didn't have the right ID so I had to go home and get it. Went back. Explained that my credit rating was likely to be bl**dy awful - CCjs, debts registered - from bad times in the late 1990s, what with negative equity and everything. Lost £ooos on my house. Bad times, bad times. I've been grateful to NatWest for the account, the overdraft, the loan (which was for the charges racked up on my account, in essence) - everything. She said it would probably be OK: discharged bankrupts are able to have the Cash account. I wouldn't get a cheque book for at least three months but they would do SOs and DDs.

 

So we went through the opening procedure. As it turned out, the ID-ing was fine: they got me from the Electoral Roll and whatever else they use. Then: she said 'Now we do the credit scoring'.

 

Gulp!

 

(she took a deep breath, too!)

 

She pressed the button and....all fine. Nothing registered. I looked at the screen, so did she. I couldn't believe it, and neither could she, quite, because of the harrowing tale I'd told (briefly) about the problems, the CCJs (last one - 2 years ago - was Inland Revenue not agreeing the arrangement I'd put forward. The Court accepted my arrangement but gave judgement, in any case). I couldn't believe it - but then: all the financial issues, the CCJs and so on (except for Inland Revenue) were more than 6 years ago. Apparently, I was the first person for ages she didn't have to call head office about.

 

This is interesting. It was liberating - you can hardly believe the weight I felt fall from my shoulders. I've tried, over the past year or so, to negotiate loans from NatWest, either at my own instigation or by them suggesting and - no go. Don't rack up on the credit scoring.

 

I had thought - no, I'd firmly believed - for so long that I wasn't worth anything, that I was lucky to have a bank that would allow me a cheque/debit card, that i was, indeed, deeply fortunate to be allowed an overdraft and, a few years ago, a loan.

 

The experience of opening the parachute account helped me to realise something. It's a commercial relationship, nothing more (or less). But it was much more than that. Much, much more than that. It's about the relationship I've had with NatWest.

 

Psychiatrists, or maybe psychologists - counsellors and therapists, anyway - have a term for what's been going on between me and NatWest. It's called a co-dependent abusive relationship. The submissive partner - me, in this case - has feelings of worthlessness, and comes to depend on the abusive partner - the bank. The feeling of worthlessness is such that you become grateful for anything, no matter how humiliating it is. They have all the power, you have none, but they are prepared to notice you and pay some attention. They treat you with contempt - which, from their point of view, is no more than you deserve: you're a useless, submissive worm. But you are grateful: after all, no-one else will give you anything, you know that. You know it and believe it, deep in your heart.

 

Wrong.

 

Other people, outsiders, wonder why you stay in such an abusive situation. They wouldn't, they tell themselves. But you might. You might be gradually ground down, as I was. You might feel, or even believe, that you deserve the abuse. So you accept it, and you effectively beg for any attention you can get, no matter if it reinforces the appalling, negative image you've built up of yourself. You accept the refusals, the dismissals, as just, and no more than you deserve. You embrace each positive reaction as a huge favour. But it's all an abuse. As the introduction to the site says, the banks play on our innate feelings of morality, of equity and of justice and fair play. We have been brought up to believe that the banks are pillars of society, that they are above mere trade and commerce, that they are something Other. But they aren't: they're in business, like your mechanic, the market trader, the sandwich shop, Tesco's, anything. They are no more than traders and they actually produce: nothing. Not a damn thing. They add nothing of value, they merely facilitate transactions, nothing more.

 

So, opening the parachute account was a big step. Actually deciding to do it was, in fact, the Big Step. I have decided to be abused no more. Not only have I decided that, I've taken a real, positive and concrete step to do something about it, to do more than just talk about it or fantasise. I have decided to move away from the situation where I've been abused.

 

Yes, I've been lucky in the credit scoring and not everyone will get the same. But the Big Step was the decision to do it. My next tranche of income is going in to the new account. The standing orders and DDs will be transferred shortly before the next lump of income. The NatWest account will be in dispute and probably over the overdraft limit but I no longer worry about it. I'm not worried about the charges they'll levy because I now know they're illegal. I'm looking forward to finding out what my life will be like when I'm no longer putting up with someone looting my account to the tune of £300 or £400 a month.

 

NatWest isn't my children, it isn't my car (which needs to be repaired); it isn't the updated computer I would like to have in order to do my work, it isn't my wife's birthday present and it isn't my mother, who lives over 200 miles away and I haven't been able to get to see for over a year because I couldn't afford it. It isn't the heating oil company, who'd threatened to close my credit account - leaving me without heat this winter - because the DDs had been bounced - and while there was money available. It isn't the local authority, whose DD was bounced yet again this month, because of the charges. NatWest doesn't deserve any respect from me: it hasn't shown me any. It deserves neither consideration or fear from me.

 

I have my parachute account. I don't care that I won't have a cheque book for a few months. It will be a while before the case comes to court but, in my mind and in my heart, I'm now free.

 

Fear of flying? No, I love it.

 

If/when the euphoria fades, I'll let you know!

:)


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Thanks for that :)

 

x20

nothing from dca or court, no replies from CCA/Statute barred letter..please help as i am trying to prepare - your private message is full and cannot send any to you

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reported to team and being looked into.Sorry Bob if it looks as though you are being ignored.So drafts are needed for 27th October ?

Lets get conversant with whats happened so far and try to help.

Edited by MARTIN3030
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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Bob, if you need help and your posts are not getting answered, try bumping. If it doesnt help be a little bit naughty and click the little alert triangle below your name. This then gets sent to the Mods reporting your post and they will come look;) I reported your last post to get someone here to help you. Dont do it all the time only if urgent like right now :)

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no hearing is on 27 Oct -

 

Ok understood.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Bump...


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Just reposting this as a refresher.

 

 

Many thanks for the explanations - so if the charge is allowed then I will have to pay all claims once i sell or if i am force to sell then i pay back all claims ..bumps! Will deal with this when it comes then!.

 

As for planning for hearing, I have been thinking about it since x20 have helped me in August. x20 is still helping me through this despite his highly busy schedule ..and now Jon is here too to advice ..many thanks smile.gif Jon

 

To remind myself what I have done so far:

1. Applied N244 and hearing now end of this month (Oct)

 

2. Written to dca/solicitors with CCA/Status Barred Letter in August (they have not replied or supplied me with any information's (statements, agreement etc). Have they have defaulted? or not? if they have defaulted - WHAT AND HOW CAN I PRESENT THIS AT COURT?

 

2. Allege debt as far as I can remember was in late 80's and defaulted in 92/93 after my divorce. I had work then and with divorce lawyer writing, agreed to prorata payments - made all payments until 2000/01 - but around 98-2001/02 ...had lots of work pressure and stress, dca always asking for more and more money then even though I had not change job etc ...went into depression and resigned from work late 2001 - no money so stopped payments. During this period (family, friends all chipped and helped out to keep me going so I was literally here and everywhere staying with them for support, hence focusing on myself and lost touch with debt (well, under the circumstances my mind was just to live and forget then!).

 

House was bought with deposit by family and repayments contributed by other family members (mother, sisters and brother's - have 2 brothers and 5 sisters) - so that is why I have a house to live in and also my 2 children can come and be with me whenever - children are now 17 and 19 and I must say they are my greatest children - their undersatnding and support, help given and still supporting me is immeasurable - I have been putting up brave face for them all these years ..and over the last 2-3 years ...they have helped so much in looking after the house when they come weekends (they live with my ex since my ex wanted custody when they were small and I just agreed because i know that fighting custody is not good for children growth and develpment - so as hard as can be, I was at a distance and keeping close and regular contact with them - now they are bigger and responsible, they helped me through a lot more than they can ever imagine.

 

It took me all these years to begin to find myself and relearn to be ME again. In this relearning process, it is worrying but I know I have to see this through to the end. I am making every attempt to fight this and start my life again. I have lost all confidence and having this additional support and help from CAG has allowed me to move on with MY LIFE once more - and I know it will be worth the effort either way.

 

It has been so long that I am unsure when i really stop paying. All I can remember is I have not pay them after I resigned from my work.

CAN THIS BE CONSIDERED STATUS BARRED? If it is, HOW CAN I PRESENT THIS AT COURT? If not then what's next?

 

If I have missed anything or you (anyone) need to ask me questions which might help me plan for this hearing ...PLEASE ASK and I will answer all I can.

 

Thanks.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Bob I see X20 has given substantial pointers with your thread.

Can you confirm theres nothing further been advised since this post he made;

 

Bob, Re your post no84, 'Now what?'

 

You wait for the day of the hearing to arrive and then go to court to present your application. The oposition may submit evidence of its own in order to argue against your application. We will just have to wait and see.

 

If any evidence is provided by the opposition before the hearing let me know what it is they say. Don't speak to them on the phone if they ring. Tell them to put it all in writing.

 

A little nearer the hearing drop me a reminder and I'll put a little crib sheet together for you to assist you getting the necessary points across to the judge.

 

x20

 

 

I cant seem to see anything regarding a skeleton being ordered or have I missed something ?

 

 

In view of advice and help that you have already had from X20 I have asked if he can pop in and just look.He did ask you to give him a shout nearer the date.

 

Hopefully he will reiterate on anything you need to do/in conjunction to that he has already advised.

 

Martin

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Bob, First sorry for the delay in getting back to you.

 

Second, the statement (for that is what it is) is very good in demonstrating the sequence of events which conspired to allow the Claimant to secure a default judgment. It therefore concerns that aspect of any application to set aside a default judgment which requires the applicant for set aside to make his application promptly. It is not a skeleton argument as such in that it is not a succinct set of facts and law which go to support one or more legal submissions. But that doesn't matter. It appeals to the human side of a Judge and will hopefully tip the scales of justice in your favour when the Judge considers the question of the promptness of your application to set aside judgment.

 

As I recall, I drafted your supporting statement along the lines that the application was made promptly as soon as you knew of the existence of the judgment, although I suspect the opponent may contend that whereas you may not have known about the judgment you had the means of knowing (ie by opening letters sent to you).

 

As for the contents of the statement, I have the following observations:

 

[1] Re-title the document a 'Supplemental Statement'

 

[2] I would delete the reference to you're being a market trader. Anything touching upon you're having a businesslike backbone detracts from you're being viewed as a private consumer in need of protection.

 

[3] The period of incapacity owing to depression appears to end in 2003 upon you're acquiring casual work. This would be 4-5 years prior to the commencement of proceedings in this case. I would be inclined to extend the period of incapacity down to the time when legal proceedings were commenced against you if possible. Even if the incapacity could not be decribed as 'full blown', demonstrating some form of disability which impaired your ability to handle debt recovery efficiently and in a businesslike manner, but turned you in to the proverbial ostritch.

 

[4] I would also, if at all possible, support that part of the statement dealing with depression with a note from your GP confirming the nature and duration of your incapacity. Your GP may be hard at work with a string of patients to see, so I'd get on to his/her surgery now to seek a short handwritten note and do everything humanly practical to make things as convenient for the GP as you can to include getting yourself over to pick it up from the surgery etc..

 

[5] If it is not possible to extend the period of incapacity to the time when proceedings were issued, suggesting for example that there is no sound reason for your failure to open correspondence, get back to me without forwarding the supplemental statement.

 

Hope this assists and also please post here the moment anything comes in from the other side.

 

x20

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Hope that settles your mind Bob-Try and remain confident and composed-your in good hands here-tho I guess I dont need to tell you that.:)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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x20,

Thanks - Do i take supp statement to court tomorrow?

had no replies or correspondence of whatsoever from dca or solicitor or court - have also made changes to title. I have contacted GP but he will not be able to see me until early next week which is too late - I know there has been entries since my stress/depression around 98/99 onwards ....because I have been going to see my GP almost weekly when I was stress/depress and erratically for the last few years to see my GP because I was staying away with family and friends.

Quote

[5] If it is not possible to extend the period of incapacity to the time when proceedings were issued, suggesting for example that there is no sound reason for your failure to open correspondence, get back to me without forwarding the supplemental statement.

 

Not sure what this means?

 

x20,Martin, 42man and all - thank you very much

 

Bumps!

 

Does statement need to be sign ?

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Yes with the wording common to the statement of truth.

(as done with all Court submissions)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Bob,

My point was this. In any application to set aside a default judgment such as yours, it is necessary to show [1] there are grounds to suppose the applicant has reasonable prospects of successfully defending the claim and [2] that the application was made promptly. I am concerned that in your case that some time had elapsed by when you made your application to set aside. In the intervening period the Claimant had applied to the court for a charging order.

 

In the application notice I have tried to show that your application to set aside was made promptly by reason of the fact that you made your application promptly after finding out about it. However you hadn’t found out about it earlier because you hadn’t opened up the envelope containing the notice of the judgment. In an ordinary case I would not imagine a court would treat a person who received but did not open the envelope containing information about a court case as a person acting reasonably. Rather the court would treat the person as served with the notice whereupon it would be for the person served to explain why the envelope was not opened. One such reason might be depression and it was in this regard I was surprised to read your statement saying you were over depression to the point of at least being able to return to part time work in 2003, some 5 years before this case started. So I wondered whether any evidence to back up this part of your medical history might be obtained. Evidently it will not.

 

In the circumstances, your statement to the effect that you were well enough to return to part time work in 2003 does not sit comfortably with a claim that your medical condition was such that you could be reasonably excused for not opening envelopes containing court notices. For that reason I wondered if the period of depression could be extended 5 years to 2008. Obviously, I couldn’t possibly say. I merely wish to flag up that fact and advise that the delivery of the supplemental statement drawn in the way I have described may give rise to the problem I have highlighted.

 

x20

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my casual work is done only with the support because it is a friend ...they are helping me and there are there working with me so my responsibilities are little to none really. So they take me along so I can be look after and they can keep me company. my depression still exists, worry, not able to sleep, sad, tearful and absent minded still exists. help from casual work are through friends.

as for my regular visit to my GP, I believe I can get evidence and will need to go see my GP for this (only a few days left and i will not get this letter done in time if i am taking this statement there this afternoon ....I have also been diagnose with high cholestrol and is also on medication of this, I did not mention as I was unsure of whether this is important.

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Bob,

What you say in post number 173 is highly relevant. You are accompanied to work by a friend who can look after you and you make regular visits to your GP. Will your friend be accompanying you to court?

 

There is no need for you to take the statement to court today. It is only supplemental and the most relevant piece of information will be a report from your GP corroborating your evidence about being unwell. If you could explain to your GP's surgery that the briefest of reports is required for a court hearing on 27 October concentrating on the fact that you have been depressed through 2008 and how you'd be eternally grateful if the Doctor could assist as soon as possible, that would be a real bonus.

 

x20

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x20,

My friend will not be able to accompany me to court on the day of the hearing but I will ask him again to see if he still is working - if he can come what does he do, say etc? I have just phone GP but receptionist says they are full and appointment is for next week. I said it is urgent and she says to call back after 3 pm to see whether an appointment can be schedule then :(

 

I will wait till 3 pm and then post back here. Will not go court re: statement for now too

 

x20,

oh no, my GP cannot see me until Tuesday/Wednesday, says receptionist - they are doing this strange booking system of advance booking - even when I say it is urgent, receptionist still says cannot see my GP as he is fully booked but might be able to fit me to see another GP if it is urgent. I am afraid the other doctors in the surgery do not know my case or will be that understanding as my GP is.

The thing is I have been seeing this GP who knows my case very well and he has been treating me for many years - I have left it too late and I do not know what to do now.

I have left message with my friend to call back when he finishes work or earlier - bump! this is not going good for me.

 

x20,

so what else can I do in preparation if supplemental statement is not good

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Bob just a couple of suggestions

1) Try ringing the surgery tomorrow morning and ask if you can speak to your doctor. You may have to wait until he's finished his morning appointments but if you can speak to him he might write the letter for you so you can pick it up before Monday or he might tell the receptionist to fit you in.

 

2)Also our surgery have what they call same day appointments which they reserve for urgent cases where you phone up as soon as they open and ask if they have any free appointments for your doctor. I'm not sure whether your surgery does this but it's worth a try.


Please note: I have no qualifications in this area and any advice offered is given in good faith.

 

 

http://www.financial-ombudsman.org.uk/publications/Ombudsman-news/40/40_setoff.htm

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x20,

I will call the surgery to speak to my GP this afternoon after 3 pm to ask whether he can do this letter. Also, the supplemental statement prepared is of no use or would it alright if i submit this to the court together with the letter I have written to my GP requesting for a letter verifying my mental health problems.

 

I am so helpless and what has been asked of me I do not have anything ready - so i go to court ready to be hammered by the sound of it.

 

if i manage to get letter from GP , is it alright to bring it on the day and show it to the Judge?

 

I feel tire and i have not been sleeping much. I guess I will not be until at least after the hearing - BUT I will be here still hoping someone will help and advice however hopeless it may be ...and is all my posting creating more confusion and additional worries ...

 

I want to feel to be doing something ..like taking my statement to the court (my feeling is this is better than doing nothing at all - at least the court will know my plight from then until now. It might not help with defense but shows my time line here in the UK ...soz ... my mind is running wild and I cannot control it ...just yet ..

 

enamae.

I will do that first thing tomorrow morning ..thanks a lot

 

Yes with the wording

Quote
common to the statement of truth.

(as done with all Court submissions) post 171

 

this is what I have to put in when i write to the Court? at the end of the letter

 

x20, enamae and all,

tried calling but receptionist were very busy and said call back to make appointment - anyway, last resort - have written a letter to GP explaining and asking for this letter at short notice and hope he can help.

 

Quote
Will your friend be accompanying you to court?

 

what will my friend be saying if he can come - he is trying to get someone to help him so he can accompany me

 

friend call saying he cannot change his shift -he is a qualified nurse and he has to take a resident with a learning disability to hospital on that day :( bump!

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Bob,

Hammered? Not at all! Listen, your primary contentions (and they are by no means flimsy, but true proper whoppers) are as follows:

 

[1] you have never entered into an agreement with Lowells

 

[2] the claim is merely a claim for interest at 8% per annum seemingly calculated upon an undisclosed principal debt and covering the period 27 10 06 until 17 04 08 without disclosing any ground upon which a right to interest at this rate or over this period may be due in law.

 

[3] underlying the claim is that it arises out of a Consumer Credit agreement made betwen you and someone other than Lowells which has been assigned to Lowells.

 

[4] That at the time the proceedings were commenced the claim under the agreement was statute barred and that in consequence,

 

[5] You have a good defence to the claim whether as drawn and issued or whether or not it was subsequently amended to actually plead some contractual nexus betwen you and the claimant.

 

Remember too that your opponent has a right to file evidence in opposition to your application. One would imagine that if your opponent possessed good evidence to show the claim was based upon an agreement between you and Lowells and that a right to just interest existed for their benefit as claimed and was not statute barred, they would reveal it in a witness statement in reply. So far they haven't done this. I treat that as a good indicator that your opponent does not in truth regard itself as having a good claim against you.

 

If the court finds that the Claim Form does not disclose a recognisable right to sue (which is inevitable in my opinion) or if re-drawn was statute barred or even on a balance of probability that it was statute barred, I would expect the court to conclude you had prospects of success and be keen, in the interests of justice, to allow your application.

 

The question whether the claim sets out a cause of action or the debt was statute barred has all to do with law and absolutely nothing to do with your medical condition.

 

Where your illness comes into play concerns the question whether your application was made promptly. In other words, whether the interests of justice are met by allowing your application because the claim fails to disclose a cause of action or the debt on which it is founded is statute barred, or whether, because your application was not made promptly, the interests of justice are met by disallowing that application even though the claim fails to disclose a cause of action and the debt was statute barred.

 

In my opinion the question whether the application was made promptly is of secondary importance to the primary question 'Does the applicant show a real prospect of successfully defending the claim? even though promptness is something which the court must have regard to. What will be paramount in the Judge's mind will be 'Is it just that the court should compel bobneedhelp to pay this money to Lowells?' In my view the answer to that question will be a resounding 'No, it would not be just.'

 

Your supplemental statement dealt with your medical condition as an explanation for why the envelope containing the Claim Form was not opened when it first arrived. I flagged up a concern that the way it read suggested (to me at least) that there was an improvement in your condition by 2003 which enabled you to return to work. Hence I suggested that version of it be not submitted and that in order to shut out any possibility the court might treat that statement as evidence that your incapacity ended in 2003, I suggested you amplify your statement to demonstrate your illness continued through 2008 when the proceedings were served right down to the present day. I also suggested that to back up that claim you obtain a note from your GP to that effect.

 

I imagine your second draft says your incapacity continues down to today in some form or another. Whether or not you will be able to back the statement up with something from your GP remains to be seen.

 

So the overriding point for you to maintain before the court is that the Claim does not set out a cause of action, that is, a right recognised in law and asserted by Lowells by which they claim they are lawfully entitled to be paid money by you. If the Claim does not deal with so fundamental a matter as the disclosure of a right to be paid the money, an error of procedure on the part of the defendant is simply that and no more and the court ought not to act in such a way that the error has the effect of importing into the claim an allegation of a lawful right to be paid money which the claimant has never asserted.

 

Hope this boosts your confidence because it damn well ought to!

 

x20

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x20,

You have written it so fluently and I am trying to understand fully what you have written.

 

I have a broad general idea of what you have just said and no more so I will really need to read many more times to fully digest what you have stated.

I do feel better and in fact feel alright.

My dejection comes from having the feeling of learn helplessness and the uncertainty of not knowing what to do.

 

Since the time you started helping me in August, my belief in myself has grown and I am trying hard to remind myself to fight on rather than allow it to happen. For this I am already grateful.

 

I have made the changes to my statement as suggested and I hope my GP will be able to write the letter to back up my illness (If I do get letter, can I hand in in court the day of the hearing or use it when at the hearing).

 

If not I will remember what you have written above.

I know for a fact that I have been seeing my GP regularly for my high blood cholesterol and on and off for my stress and depression even now.

 

Personally I am not an outgoing person and I feel a burden to my GP and people who are helping me hence I do not want to make it a point to seek help simply because it is there.

 

I guess my culture is somewhat different whereby I am more incline to cope as best as possible until it is absolutely needed. This might not however looks good on record.

 

I am sounding low but my spirit is still high - I am still here :)

 

So, thanks x20 for being here too for me - I smile at your last post and there is a great feeling of relief in me when reading what you have written. It reads good although as said I do not fully comprehend the details.

 

I am going to the Court now to hand in the supplementary statement with the changes made and have also attached letter which I wrote today to my GP to verify my illness.

 

Be back soon.

 

This is the letter i have written to my GP:

 

Quote
Dear Dr.xxxxx

 

 

Re: Request for a Brief Letter to the Court to verify my Mental Health Problems

 

I tried calling the surgery for an appointment to see you but your receptionist indicated that you are busy until next week. This is the reason I am writing to you as a last resort. I am in need of your help and sincerely hope you can help me. I know I have left this to the very last minute and I do not really know what to do.

 

I am asking whether you can write a brief letter stating that I suffer from mental health (anxiety, stress and depression), high blood cholesterol and currently receiving treatment. Please verify this on my medical notes if needed as I think my mental health started from 1998. Over the years, I have been to see you (or your colleague then) for treatment and still do albeit less frequent than before.

 

The reason for this request is I need this for the Court. This is to do with an old allege debt from my previous marriage from a Debt Collecting Agency claiming I owe them money. I now have to attend xxxx Court on xxxxxxx

 

I have also enclosed a copy of my Supplemental Statement to the Court for your reference. I thank you for reading my letter despite your already very busy schedule and I am truly grateful if you can help me write this letter.

 

If you cannot write this letter due to short notice I can understand but I will still call by the Surgery first thing Monday morning to ask just in case you can write this letter to help me with my defense.

 

Thank you.

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OK Bob, the essence of it all was stated in my final paragraph. I hope you get your head around it.

 

Put another way, in the case against you, the claimant has not set out a recognised right to recover money from you. As such it is devoid of any legal merit. Bringing proceedings which are devoid of legal merit are at risk of being struck out as an abuse of process under CPR 3.4. It seems to me that an arguable case can be framed for saying that if the claim is devoid of merit so that it would be proper to have it struck out as an abuse of process, any further step taken by the party commencing those proceedings in furtherance of a meritless claim is also an abuse of process. Employing the court's process which results in an award of money in a claim which is devoid of legal merit is surely an example of abuse of that process.

 

Also, if you are unable to obtain a note from your GP and the availability of a note from your GP becomes crucial to the point where the Judge can't make his mind up, invite him to set the judgment aide but add a condition that the set aside will lapse if you fail to produce a medical note from your GP by a certain time. Failing that, ask him to adjourn the application so you can obtain a medical note.

 

Frankly, for the reasons I have mentioned, I don't think a decision will come down to whether or not a GP's note is in court.

 

x20

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x20, how can the cpr 3.4 be use in my case, when can I use it at the hearing. Oh what is cpr 3.4?

 

x20

I think I am getting the general idea ...but not too sure how I can present it at the hearing ..i guess it all depends on what questions are being asked of me ...or do I go to the route of the claim being statute barred and argue on that ...asking claimant for evidence ownership of the allege claim, statement of accounts, cca letter requests ....am I at the right path?

 

have found and read CPR 3.4 for my own knowledge

Quote

 

x20

arrive home from court having handed in the Supplemental Statement - yes i am beginning to understand a bit more of what your are saying - so because lowell has not replied my cca/statute barred letter they can be consider to have not comply with the law and is being obstructive in the process. Lowell need to produce documentation that they are indeed the rightful owner of the debt - so far they have not produce any documentation - can they produce this at court? when they have chosen not to reply to my letters?

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