OH v Cap 1 & Rob Way *** WIN ***

[cymruambyth]

I would say just make certain all your arguments are watertight. You have all the paperwork you require. Plus a spare bundle just in case the DJ loses his copy ??

 

I am still trying to find out if the assignment that you and Robin received will affect anything.

 

Hi does anyone have an update on the assignment please?

 

Reading through some threads it says a witness statement must be received by the court 7 days before the hearing. Is this the case only if you are defending, not if you have made the application? (Panic mode again )

When the 7 days arrive, is it ok to phone court, due to postal strike;)

[cymruambyth]

Bump please

[RobinWayRobinme]

Hi does anyone have an update on the assignment please?

 

Reading through some threads it says a witness statement must be received by the court 7 days before the hearing. Is this the case only if you are defending, not if you have made the application? (Panic mode again )

When the 7 days arrive, is it ok to phone court, due to postal strike;)

 

Hi cymruambyth,

I've heard nothing else re NOA. However, it is defective in as much as it contains 2 different dates. I continue to get letters where the claimant remains RW & Co Ltd. If the same is with you and you need to do a WS then I would do so on assumprion claimant is unchanged. Other side may present something at hearing re assignment, or you may decide to present it at hearing as "it just arrived in post"

Robin

[citizenB]

Just recently seen posted elsewhere that the court received notification of Robinson Way Co Ltd have been replaced with Robinson Way Ltd.

 

So they might do the same to you.

[cymruambyth]

Just phoned court nothing logged on the system other than a change of name.

She was very helpful, suggested that we should have been copied everything, also that DJ will be aware that we are LIP and listen carefully to everything they say and make notes! Also make sure that if they do spring documents on the day, make sure DJ knows this.

Hope they are nice

[cymruambyth]

Back to stupid question time

I'm preparing everything for my SJ hearing, I have copies of the following, is this too much?

2 defective dn and letter terminating a/c from Cap1

letters from RW saying have providd CCA and don't ned to have more contact.

short applicn form

t&c from a different document

a letter stating they are wholly responsible for administering a/c (2 yrs after payments started to them) NO noa

copies od cpr 16.2, 16.4, 24.2, CCA 87, 60, 65 and 127,

copy of 31.14

other letters pointing out that it is a cc, not b/ac and needs cca

So back to my original question, is this too much information and would it help them in their attack if I fail?

Thank you, C

[cymruambyth]

Does anyone have any guidance or comments please?

[IdaInFife]

Hiya

 

never too much

 

you need everything that you want to rely on

 

so all those requests you sent - remeber to take proof of delviery as well

[cymruambyth]

Thank you; I was just worried that if we fail they will have too much information!

[babybear39]

Good luck and best wishes from me

[cymruambyth]

Hi just checking if there are any final words of advice as we are in court in the next couple of days.

[citizenB]

Right,

 

Have a read of BRW's interesting post

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2171582.html

 

You have applied for SJ, you need to show they dont have a case, they need to prove they do.

 

To date you have 2 x dodgy default notices - 42man has given you all you need in respect of those in post 48.

 

The agreement is carp, full of advertising and no prescribed terms.

 

T&Cs from a different document. Terms and conditions are NOT prescribed terms and if there are more than one page of T&Cs, they couldnt possibly have been on the back of anything.

 

No notice of assignment

 

At one point they were treating this as a bank account werent they ?

 

Their POC is carp and also includes s69 interest which it shouldnt.

 

Print yourself off a skeleton argument and make sure you have all the points you want to raise and tick them off as you go along.

 

I am not sure if what you have is too much information or not..I will ask for you.

[angry cat]

Wishing you all the best of luck;

my OH is in a similar position re: HF/Capone;

HF have not yet issued;

OH sticking needles in HF look-alike voodoo doll;

Mexican stand off, at present: (disclosure docs. have been requested 22 times)

 

AC

X

[angry cat]

by CB:

"The POC is Carp"

 

Would that mean pooh or Fish CB?

[cymruambyth]

Thank you very much, I approve of voodoo:D

Just preparing skellie, doing time line with docs etc

[citizenB]

by CB:

"The POC is Carp"

 

Would that mean pooh or Fish CB?

 

The former, AC and not the bear either :D

[angry cat]

 

The former, AC and not the bear either :D

 

I live right near to Pooh Bridge;

maybe, we could all play pooh sticks with the Carp Capone so-called agreements and send them down the river!

 

Good Luck and will be watching your progress;

Go Get 'Em...

 

AC

[cymruambyth]

POC

'THe claimant claims outstanding monies due and payable by the defendant under a credit agreementwhereby the defendant agreed to repay with interest the value of the credit obtained.

 

And the claimant claims

1. The sum of XXXX

2. Interest pursuant to s69 of the County Court Act 1984 at the rate of 8% from xxxx03 to date hereof xxxx days is the sum of xxx.xx

3. Future interest accruing at the daily rate of .41

4. Costs'

 

I've said that POC is insufficient, could someone please give me some law or cases to back this up please?

[cymruambyth]

I've said that POC is insufficient, could someone please give me some law or cases to back this up please?

 

Ooops, red face, just realised that this is covered by rule 16.2 and 16.4

[citizenB]

Ooops, red face, just realised that this is covered by rule 16.2 and 16.4

 

 

:D

[cymruambyth]

:D

 

Don't be horrid:) I'm writing War and Peace for oh to read/refer to!

[car2403]

Ooops, red face, just realised that this is covered by rule 16.2 and 16.4

 

There's also the Practice Direction that goes with that Part, which says what should be attached to the POC as well

[cymruambyth]

Thank you, now googlimg this as well.

Will I be able to speak on oh's behalf as he has been ignoring this and is being a little:rolleyes: difficult. If I took a solicitor they could speak on my behalf, so why can't you?

[cymruambyth]

What is the worse that can happen? I'm thinking it gets rejected and carry on with defence, AQ etc.

Can they ask for costs? Can we ask for costs? If so when do we do so?

Thank you

[citizenB]

Thank you, now googlimg this as well.

 

Will I be able to speak on oh's behalf as he has been ignoring this and is being a little:rolleyes: difficult. If I took a solicitor they could speak on my behalf, so why can't you?

 

Tell hubby to get stuck in and start reading:D The idea of being a Litigant in Person is to ... litigate in person:cool:

 

I am not sure if you will be able to speak for OH, you could ask the Court Manager. You will be able to write notes and point to bits on a check list that he should be following. Hopefully you will get a good DJ and he will say yes.

 

Comment below from site team member.

 

 

I think if there's too much information/points of argument, the Judge won't consider them all fully, as these hearings tend to be scheduled for such a small period of time

 

For me, it's time to pick the most serious issues and focus on those to convince the Judge that the claim can't succeed, rather than including everything but the kitchen sink. If it isn't going well on one issue, those others may come in to play, but the outcome of a SJ hearing usually pivots on the confidence of the OP.