help PLEASE for Mint CCJ claim

[Notty]

Hope all goes well for you anxious. I am just starting my defence against Mint loans but I dont have much of a case but hope yours goes well. Will keep watching.

[anxious123]

Thanks very much Notty. Need all encouragement I can get. Good luck to you too

[anxious123]

bump please, just want to make sure I'm doing the right thing before handing defence in?

[anxious123]

Does anyone know: can the PPI (which we never applied for anyway to be honest) be included in the amount the claimant can claim?

[citizenB]

anxious do you still require assistance ??, if so hit the red triangle again.

Edited August 2, 2009 by citizenB

[anxious123]

Hi Citizen B,

 

Well we handed the defence in, so I guess we have to see what happens next? I decided to take out the part about section 127 before we submitted it.

[Notty]

Hi Anxious

 

How are things. Have you heard anymore? Thanks for the defence you posted. Someone on the board said they would help me put a defence together but they no longer feel able to help. I sent off the cpr but didnt get a reply so my defence would be on the postage. I am worried if I send in the defence and it is wrong and I need to withdraw I will have to pay their costs? Do you know if that is the case anxious?

[anxious123]

Hi Notty,

 

No, not heard anymore on my case yet ...I'm not sure about the costs thing I'm afraid. I'll have a look on your thread now to see where you're at:)

[anxious123]

Good afternoon, I wonder if someone might be able to help with a bit of advice on standard disclosure. We have until Oct 16 to file these...I've had a look at N625 (I found it online the court didn't send us this form. The court just says to send 'a list of documents') and not sure exactly how to fill it in or what to do. The only documents we have are: copies of letters my partner sent to Mint, and copies of the documents they sent to us during this case ie: their so-called "agreement", default, termination notices etc. Should we include all these, as these will be things discussed in our case?

[anxious123]

bump

[anxious123]

Hi, we received an offer for full and final settlement from their solicitors for about two-thirds of what they're claiming... I am thinking of writing to refuse, as we don't know anyone who has anywhere near that amount of money. Does anyone have a template letter to help me reply to them? Just want to make sure I get it right and don't damage our case:confused:

[anxious123]

Can anyone help with standard disclosure please, am really stuck?

The court papers states: "Each party shall give to the other party standard disclosure of documents by serving a list of documents."

Is this list anything like the proper form please:

 

* Letters from Mint to the defendant - nine letters dated *** to *** which include:

Letter dated ***response to CCA section 77/78 request including copies of: loan agreement form, application details, statement of account, terms and conditions, loan protection insurance policy.

Letter dated *** including loan statement

 

* Letters from solicitors to the defendant - ten letters dated *** to ***2009 which include:

Letter dated ****which includes copies of loan agreement, computerised activity report, Default Notice dated ****, Termination Notice dated ***, Statement of Arrears.

Letter dated *** containing proposed fast track directions

Letter dated *** containing amended particulars of claim

Letter dated ****containing reply to defence

 

Copies defendant's documents to the court

embarassment defence

Draft order for directions

AQ

Amended defence

 

Copies defendant's letters to Mint

***- reduced monthly income letter 1

*** reduced monthly income letter 2

** CCA section 77/78 request

 

Court's letters to defendant

Claim form

Notice of transfer

Notice defence filed

Standard order stay for settlement

2 X general form judgement order

Notice allocation to fast track

 

??? Any advice greatly received.

[citizenB]

Hi anxious, you need to download this form

 

FORM N265

 

The post below is one andyorch had put on someone elses thread. HTH

 

Ok get the N265 on your screen and type in under the Section headed I have control of the documents etc etc I do not object to you inspecting them.The rest leave blank apart from the Disclosure statement complete that section also

 

1 Correspondence to Claimant dated xxxxxx

2 Response recieved from Claimant dated xxxxxx

3 CCA sec78 request dated XXXXX

4 Response to sec78 Request dated xxxx

 

Etc etc put them in story order of how you arrived at the Summons.Dont include Court documentation or anything the Claimant has already got.

[anxious123]

Thanks Citizen , that's great. Have been searching and couldn't find the info I needed..will have a look first thing tomorrow now:) early start in morn

[anxious123]

EEK can someone help please!!

 

I think I've misunderstood standard disclosure. Are we supposed to be serving the N625 and list of documents just on the claimant, or to the court? Sorry am a bit confused.

 

It's supposed to be sent by 4pm today, but we haven't received anything from the claimant yet

[anxious123]

Good evening,

 

I have a question ... if the 'signature' is on a separate page to the prescribed terms does that mean its not a proper agreement?

 

And if a claimant doesn't have the original agreement, can it be enforced?

[anxious123]

Can someone from the site team help me with this quick query please? My witness statement needs to be in today - and have just noticed we're supposed to say what should be treated as 'hearsay evidence'. Is this something I NEED to raise?... The issues in my WS - their 'credit agreement' was not signed by us, a DN was not served and a termination notice was sent without a DN - does not match their version of events. So if we're at odds is there any hearsay evidence at all?

[citizenB]

anxious, hearsay evidence is something that someone else says or does.

 

Ummm, example.

 

If you were to say in court.. citizenb said blablabla, that would be hearsay evidence as it is something that is not within your own knowledge.

 

 

HEARSAY EVIDENCE.

 

1. The evidence of those who relate, not what they know themselves, but what they have heard from others.

2. As a general rule, hearsay evidence of a fact is not admissible. If any fact is to be substantiated against a person, it ought to be proved in his presence by the testimony of a witness sworn or affirmed to speak the truth.

 

Does that help ?

[anxious123]

Aha okay thank you. So something such as documents isn't hearsay - but if they were talk about what a person at the bank did or said who wasn't there, that might be? That definitely helps thank you:)

[citizenB]

There is an example of hearsay evidence in the following post.

 

the poster had asked in their witness statement to have the Bank's Witness in court to confirm the statement they had made. Apparently this isnt possible, so the actual witness statement would be classified as "hearsay"

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2639670.html

 

HTH

[anxious123]

wonderful thank you! Getting near to handing in time now, which is bit nerve-wracking

[citizenB]

wonderful thank you! Getting near to handing in time now, which is bit nerve-wracking

 

Yep, it surely is. All you can do is prepare as best you can and get in a few relaxation classed in between times