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Lowell/HFO claimform - old barclaycard debt **WON***


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Hi Docman,

 

Yes I did change the name so no worries there. Don't say it is definately in court ( grin)! With this expert help on hand I am waiting for them to roll over and give up. Ha ha......

 

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Will do, cheers. Good Luck with the essay!

 

Was Margaret Thatcher a Conservative - thrilling...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

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

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Was Margaret Thatcher a Conservative - thrilling...

 

Not according to Woodrow Wyatt. Wasn't a Tory either.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Not according to Woodrow Wyatt. Wasn't a Tory either.

 

 

Well that is my essay...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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IGNM you ae doing a great job for Pank. Pank you are in excellent hands and I agree with Silly Girl don't settle out of court with these crooks. This should hopefully give them a bloody nose. A well deserved bloody nose.

 

As to Mrs T. I am still trying to work out what she actually is/was to this day. The Grantham Greengrocer's conservatism I think. The only branch of Conservatism she seemed to embrace was fiscal conservatism - the rest - liberal, libertarian, green, religious etc just were not on her agenda. IMHO.

Edited by Rhia
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HELP............ WHAT IS GOING ON?

 

I have today received an Application Notice, from the court (attatched) Calling me to a hearing on the 18th June. What is Thurnbull doing I do not understand?

The thing is they have obviosly read my amended deffence and they have reduced the amount now owing stating incorrect interest rate.

 

What should I do? I sent my AQ yesterday.

 

Cheers

Application notice TR.pdf

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HELP............ WHAT IS GOING ON?

 

I have today received an Application Notice, from the court (attatched) Calling me to a hearing on the 18th June. What is Thurnbull doing I do not understand?

The thing is they have obviosly read my amended deffence and they have reduced the amount now owing stating incorrect interest rate.

 

What should I do? I sent my AQ yesterday.

 

Cheers

they have applied for summary judgment,

 

you need to submit a witness statement in opposition of the SJ application which raises the key points which should be heard at trial and t hat SJ is not appropriate

 

so if you have a defence to the whole claim you should submit a wit statement

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Right, how do I do that.... I have no idea what to do. I had submited an amended deffence to Thurnbull to get permission to amend, which they have read and amended their statement accordingly. They have not given me permission.

Where do I start what is my tome frame?

What is a summary judjement? What does that mean?

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Right, how do I do that.... I have no idea what to do. I had submited an amended deffence to Thurnbull to get permission to amend, which they have read and amended their statement accordingly. They have not given me permission.

Where do I start what is my tome frame?

What is a summary judjement? What does that mean?

you sent them the amended defence?

WHY?

 

youve shown your hand to them and given them everything they need to shaft you.

 

never give them what they dont have, the correct route in my view was to submit an N244 to the court for permission to file an amended defence, once permission is granted then you would be able to fire off the amendment and it would stand as your pleaded case

 

im not sure i have time to go through the whys and wherefors now, but SJ is a mechanisim that allows the court to dispose of your case without a hearing if the court considers it has no merit for a full trial

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I was told to ask their permission to amend the defence by the tread, I was told I had to ask their permission first before I let the court know

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ah, consent is ok in the majority of cases

 

but i never show my hand to a DCA or DCAs solicitors, we all know how devious they can be and its point proven now as they have done exactly that, been devious, took your defence and then bunged in an app for SJ

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you must remember that in cases where you are dealing with a DCA, they are like a rattlesnake, caution is needed and should be exercised as they are ok when under control but can cause a right load of misery if handled wrongly

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right ok, this is now making me more and more upset. How do I know whos advice to follow? The question still remains what should I do now. Their amended defence does still not cover all the areas I covered in mine. And what about my AQ that will be arriving soon and surely the court will take some notice to the documents and the proposed directions I have forwarded?

Or is everything in the AQ now obsolite?

Edited by Pank
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right ok, this is now making me more and more upset. I do I know whos advice to follow? The question still remains what should I do now. Their amended defence does still not cover all the areas I covered in mine. And what about my AQ that will be arriving soon and surely the court will take some notice to the documents and the proposed directions I have forwarded?

Or is everything in the AQ now obsolite?

PAnk,

 

Dont worry, its not a problem that cant be overcome.

 

as for whose advice to follow, this is a self help website, you need to understand whats going on yourself and how the court works and the legal arguments what you are being given. if you dont understand these issues then it may be difficult

 

now then, you need to submit a witness statement in opposition for the SJ app

 

 

below is the template i use for a wit statement to oppose SJ

 

its a case of filling in the bits that are relevent and removing the bits that arent

I, [NAME] of [business address of person making statement on behalf of firm or company] will state as follows:

 

1.[I am a [state occupation or, if none, description, e.g. housewife, retired …] [and the [claimant][defendant] in these proceedings][I am a director of the [claimant] [defendant] company and am authorised to make this statement on its behalf]. I make this witness statement in opposition to the [claimant’s] [defendant’s] application for summary judgment.

 

2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.

 

3. There is now produced and shown to me a bundle of documents marked “ABC1”. The exhibit ABC1 contains copies [of the documents to which I refer in this witness statement]. [If there is more than one exhibit, introduce each one prior to referring to it and describe the contents].

 

4. [In chronological order, list the facts on which the witness relies in [support of] [opposition to] the application. In opposing applications for summary judgment, the following facts need to be addressed:

 

a)Refer to the grounds for summary judgment set out in the applicant’s evidence;

 

b)Explain why, by reference to the facts of the case, the respondent believes the claim/defence or issue therein does have a real prospect of success. If the respondent is the defendant his evidence should seek to establish from the facts that he has a real prospect of successfully defending the claim or issue. If the respondent is the claimant his evidence should seek to establish that he has a real prospect of succeeding on the claim or issue; and/or

 

c)Explain why, by reference to the facts of the case, the respondent believes there is a compelling reason for a trial. A respondent that has failed to establish that he has a real prospect of success may still prevent an order for summary judgment if he shows that there is a compelling reason for a trial (e.g. the case is complex, there has been insufficient opportunity to prepare a defence).

 

d)If the respondent believes the proceedings are excluded from the provisions of CPR Pt 24, explain why. For information on when summary judgment is not available, see section 2.2 of the Procedural Guide “Application for Summary Judgment”.

 

e)If the claimant is the applicant, and the application is being made prior to filing the acknowledgment of service or defence, the defendant may contest the application on the grounds of it being made too early (unless the court has given permission pursuant to r.24.4(1).

 

f)Has the respondent been given 14 days’ notice of the hearing?

 

g)If the defendant is the respondent to the application, consider whether a defence of set-off exists (see section 6.1 of the Procedural Guide “Application for Summary Judgment”).

 

5. I therefore request that the court do dismiss the applicant’s application for summary judgment.

 

I believe that the facts stated in this witness statement are true.

Signed ________________________

Dated ________________________

 

 

 

 

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They have not attached their witness statement or an accompanies skeleton arguments in favour of Sumary judgement. All I have received is what I scanned so I have nothing to "fight" against.

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They have not attached their witness statement or an accompanies skeleton arguments in favour of Sumary judgement. All I have received is what I scanned so I have nothing to "fight" against.

Typical tactic of TR. As PT says, 'rattlesnake'.

 

Can you get hold of a copy of theri witness statement and skelton argument from the court? Other than that you will have to write to TR for a copy and tell the court of their behaviour.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Can the fact that Pank is a litigant in person help? In the fact that HFO obviously know this, and have blantanly used that to their own advantage, can this not be brought to the courts attention? HFO are total SNAKES.

Edited by fedup21
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Pank

 

Did you actually file your defence with the Court?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I meant the amended defence that you sent to TR's last Friday. Did you send it as well to the local county court?

 

Also, I note you must have filed a defence since TR's acknowledged it as well. Can you post up a copy taking out your personal identifiers?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I think that we're panicking - in terms of their application to amed their claim they would have to make that - and they've corrected the sums BUT that doesn't go to the substance of the claim.

 

I don't agree with PT about not showing them the amended defence - even if you'd applied to the court for permission to amend - they'd still have been served with it AND would have still applied to strike you out at that point - if not before.

 

Don't forget that strike outs are their latest tactic

 

What you have to do is to establish that you have a triable defence - I think that PT's suggestion is reasonable - go through the defence and the claim and produce a witness statement saying what's wrong with the claim.

 

Interestingly I'm facing an application to strike out because I didn't amend my claim fast enough - so in some respects whatever you do creditors are now trying to use SJ as a means of short cutting the trial process and it really has nothing to do with at what point you file an amended defence

Edited by I've got no money

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi IGNM, see where you're coming from. In any case, I assume that both parties have the right to see any defence, and they also have the right to defend on the information supplied? So although you can hold back disclosure, the other side would've eventually had sight of it in any case, and then would still have appiled themselves for amendment. So they have probably taken the action sooner rather than later.

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There may be a bit of panicking especially if the amedned defence has not been filed at court.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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  • dx100uk changed the title to Lowell/HFO claimform - old barclaycard debt **WON***
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