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link/kearns claimform - Old Morgan stanley Card - chasing again - now stay lifted - i'd moved!!


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Thanks Andyorch.

 

There is only the assignment letter from Barclays to Asset Link in the docs sent to me by Kearns in reply to my CPR31. 

I assume the MSDW one will need to be produced in order to prove it was assigned to Barclays and then in turn to Asset Link?

I will use this as part of my defence. 

 

a letter from Northampton bulk last week saying they are transfering the case to a court near me.

Then received a letter from my local county court saying I need to complete a N180.

Should I go through the motions with mediation again? 

 

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No not in a court claim...only the last assignment to the claimant will have to be proved

We could do with some help from you.

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The only possible defence I can see is that the agreement is unenforcable as it does not contain all of the prescribed terms.

The prescribed terms are not on the page with my signature.

 

It references clause 7.2 in the prescribed terms and clause 16 on the signature page neither of these terms are on the agreement at all.

 

The Morgan Stanley TCs should be disregarded as they are archived copies that contain no reference to either myself or the signed agreement.

 

Also the agreement is a mail shot as my name and address is typed

the rest of the form was completed by hand therefore when I signed it I was prejudiced as I could not have had sight of the contents of clause 7.2 or 16. 

 

I need to word all of that properly just wanted to ask is this is a valid defence and have I missed anything that could add weight to my defence? 

Thanks

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Lets see what their Witness Statement refers and relies on.....then you can counter their points in your statement.

We could do with some help from you.

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  • 1 month later...

I have now recived my court date 4th June.

Could someone please look at my agreement and let me know if you think it is enforceable. Many Thanks

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already been discussed, re read your thread from post 44.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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2 hours ago, ellis01 said:

I have now recived my court date 4th June.

Could someone please look at my agreement and let me know if you think it is enforceable. Many Thanks

 

And also the court directions on what you must do next and by what date.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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The court directions are

Kearns has to pay the trial fee by 4th May or the claim will be struck out

 

Witness statements have to be sent and received by each other copy to court at least 14 days before 4th June. 

 

I would like to have something ready just in case they send theirs at the last minute giving me no time to prepare mine based on their claim.

 

I am concerned that despite me having sent them details of my new address with the latest N180 I never received a copy of theirs. 

 

 

 

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I wouldn't worry about not receiving a copy of their DQ...very little to be gleaned apart from what you already know.

Plenty of Witness statements examples in our Financial Legal Success Forum...which will give you a general idea of how to draft and layout etc etc.

 

Andy

We could do with some help from you.

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  • 1 month later...

Here is my witness statement, could you please help refine it, I would like to add/quote and print examples from the correct sections of the consumer credit act?

Thank you

 

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I take it you have yet to receive theirs ellis ? 

We could do with some help from you.

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Yes Andyorch I havent received anything from Kearns.

I have however, received a mail from court today confirming the case will go ahead with no change of date but by remote hearing.

 

Took me all day to put that together as I only have my phone no lap top.

I am keen to get it ready

I know it needs work but that is the basis of my defence.

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What date do you have to file and serve ?

We could do with some help from you.

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On 10/03/2020 at 13:02, ellis01 said:

Kearns has to pay the trial fee by 4th May or the claim will be struck out

 

Witness statements have to be sent and received by each other copy to court at least 14 days before 4th June. 

have plink paid the fee?

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Hi Both, 

 

Yes they have paid, order says 14 days before 4th June, Email from court today says 10 Days. I intend to call the court Monday to talk through the remote hearing process and clarify. 

 

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So you need to finalise and get this filed and served by Thurs 21st May.

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Pretty good ..... considering most of it is what I have previously drafted for other users :becky:

 

Requires a few tweaks...I will firm it up in the next few days.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks Andyorch, 😊 where would we be without your help? Clueless and up the creek without a paddle 🙄

 

I have a question 

 

In my ws I am disregarding the MS TCs  but then relying on them to prove they were not sent with the application form.  Is there a better way round this?

 

Also according to comp house Dean Witter was dropped from the comp name in 2004 would that mean the tcs should be in the Name of Morgan Stanley Dean Witter as my application was signed 2003?

 

My ws and court bundle has to be sent by pdf which concerns me as the copy of the agreement I have is almost unreadable when re-copied or scanned to pdf. Should I mention this somewhere in the ws? 

 

 

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had to remove the docx

you do realise all you pers details are in file properties?

use PDF ..

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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34 minutes ago, ellis01 said:

Thanks Dx, I had no idea. Can you do the same with the one further up?

 

Thanks

 

done

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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