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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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MBNA county court Summons " Help Please


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Hi Dizzy and so very sorry for your illness.

 

I can offer no concrete advice and only hope that Andy, GH or someone with the knowledge and experience will be along shortly to help.

 

What I do know is that when you receive a WS or defence like this that refutes everything you have said or know and also seems to prove it too, is utter nonsense and is meant to scare you to death - it initially succeeded in my own case until I later realised most of what they said was just hearsay and twaddle!

 

This is completely my own personal opinion you understand? But I am sure your 'agreement' issue is the key argument and I'm not sure whether you might get so bogged down in the default notice issue that you forget your strongest point. I take it that you have read and well clued up on the Clary case and know what they will bring to the table in their defence.

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The only way you are going to get those barcodes deciphered is to contact the legal department of Royal Mail/UK Mail, I would think.

 

You should be able to obtain the differing UK Mail delivery options from their website. But any gaurantees of delivery are to Royal Mail themselves, for the "final mile" delivery as UK Mail do not deliver to households.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Dizzy, I have been given permission to post up the following for you. Please also see attachments which have been provided for your assistance.

 

Looks like MBNA telling Fairy Stories again!

 

 

They are inventing things to try and make themselves sound convincing.

 

 

I have read, heard and seen this myself, and such tactics were completely rubbished in the High Court.

 

 

I'm sending you pages from my High Court Bundle, and have rotated the DN Envelope to make it easier to read.

 

 

A lot of this MBNA guff is meant to sound like the Witness knows what they are talking about, so there's a lot of padding at the start to suggest an organised Witness, who knows the bank and has discussed this with other employees who are just as organised and sensible. The reality is likely to be somewhat different!

 

 

;)

 

 

This Witness is using standard MBNA smoke and mirrors tactics.

 

 

Paragraph (i):

 

 

This can only be taken at their word, we cannot prove nor disprove what that Department sent, or didn't send, or which Envelopes it may have used. We have no idea, and I suspect neither does MBNA.

 

 

Paragraph (ii):

 

 

They have provided a late Envelope, so what. The "S" I think is more or less meaningless, and if a UKMail Envelope, will relate to their Service or some pricing issue. Get onto UKMail's Web Site, and start looking, and download their Terms. This UKMail's Terms will confirm that Royal Mail still do the deliveries, and most of the mail piece handling. It's all part of the UK's Universal Service, Google that to see what I mean.

 

 

UKMail when sending Post, are a front end carrier, who collect Mail Pieces from their Clients, and then deliver them to Royal Mail...after which Royal Mail delivers the item to the Addressee. So, don't let MBNA try to imply a UKMail Service is guaranteed delivery in 2 days including Weekends, or any such nonsense, because that ONLY relates to the time between Customer and UKMail to Royal Mail. It does not include the Royal Mail leg.

 

 

Google Richard Hooper CBE and download his 2008 Report into Royal Mail. This confirms why 1st Class can take +2 Working Days, and 2nd Class +4 Working days. Not much has changed, hence why in 2010 Richard Hooper was put in charge of the likely Royal Mail break up and sell off. His Report also confirms why The Interpretation Act 1978 and the related Queens Bench Practice Direction 1985 are as applicable now, as they were then. The timescales for 1st and 2nd Class Royal Mail delivery have not changed.

 

 

MBNA's Witness in the High Court tried to claim similar UKMial issues, claiming they "would have used UKMail 1st Class" and was utterly defeated on the issue. I proved beyond any reasonable doubt that they sent my s87(1) Default Notice via Royal Mail, and via 2nd Class Post, using a Royal Mail 2nd Class Postage Paid Impression (pre-printed). See the PDF.

 

 

MBNA's Witness stated via a Witness Statement and Statement of Truth, that MBNA had used UKMail 1st Class, with a guaranteed delivery in 2 days including Weekends. This was pure invention or a complete failure to check.

 

 

She was wrong. Completely wrong, and she was a Solicitor.

 

 

She had to concede that point when in Court and under oath, i.e. the MBNA Witness had to concede that point and climb down from her absurd claims that they had used UKMail 1st Class and UKMail could deliver faster than Royal Mail when Royal Mail handle the main delivery (LINK never did concede this point, despite their later claims to try and say they did, i.e. to avoid costs after they lost).

 

 

Paragraph (iii):

 

 

My 2008 s87(1) Default Notice envelope does not have any "Read me, Recycle me" Logo. The Witness is making this up, or has no idea and should say he/she has no idea. Invention is not for a Witness Statement.

 

 

My Envelope had no such Logo, so the Witness is utterly mistaken, and their evidence should be questioned via cross-examination and suitably trashed. They must be made to concede that they are wrong.

 

 

Paragraph (iv):

 

 

This is also nonsense, because they did not switch over to UKMail from January 2008, as my accepted High Court evidence confirms. Indeed, as my many other 2008 MBNA Envelopes also adduced to the High Court also confirmed.

 

 

My s87(1) DN Envelope did not show that Stock Code, so the Witness is making this up to try and mislead the Court, no doubt to avoid a s87(1) DN from being declared bad, and thus no enforcement can be relied upon it.

 

 

I am fairly sure that HHJ Chambers QC is also Senior to HHJ Denyer QC. Chambers is the Senior Mercantile Judge for Wales, and is a full High Court Judge. HHJ Denyer QC was, by comparison, a Crown Court Judge who had only recently switched to Civil. Denyer was only "sitting as" a Judge of the High Court. HHJ Chambers QC was shown the Denyer Judgment and elected to ignore it, as he was able to do.

 

 

Keith Harrison v Link Financial Limited is almost certainly a higher binding Precedent on the 2nd Class Post issue and its potential adverse enforcement effects for the Claimant who does not allow time for Postage, than American Express Services Europe Ltd v I K R Brandon (Denyer Judgment - subject to Appeal in the CoA in any event).

 

 

I can think of no satisfactory reason why the MBNA Witness is claiming the Defendant's Envelope is anything other than what the Defendant claims it to be.

 

 

I am happy to provide a Witness Statement if needed, or I suggest you let the Court have sight of the Harrison v Link Judgment.

 

 

HTH

 

 

Cheers,

 

Keith Harrison

MBNA Fairy Story 001.pdf

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The link for MBNA Fairy story is the section of the MBNA Witness statement sent to YOU.. which has been cropped so you can see what Mr Harrison is referring to in the comments posted for your attention.

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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"with this latest application to the court. I'm still paying them £20 per month."

 

 

What application have they made DD ?

 

 

Andy

We could do with some help from you.

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Since January 2011 i have been making payments of £20 to them at the end of each month.

 

1d0cccc1.jpg?t=1305239914

 

Andy witness statement i have posted above is what they have asked the courts permission to be permitted to rely upon the witness statement of Sophie Anderson and that Sophie Anderson have permission to attend court as a witness. I have until tomorrow to have this application abridged, set aside, varied or stayed. I can ask the court for an extention until i seek advice from the advice centre which is on a monday.

I will be back online in the morning.

:dizzy: "Dizzie Diva" ;)

 

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Dizzie

 

As its getting late now I will let you have my deliberations tomorrow.

 

Regards

 

Andy

We could do with some help from you.

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Dizzie

 

As its getting late now I will let you have my deliberations tomorrow.

 

Regards

 

Andy

 

Whilst i was in hospital Restons sent me an email saying that if i did not agree to allowing them add this further witness statement from Sophie Anderson they would apply to the court and this would be added to the costs that i would have to pay. I did not have time to read this witness statement and they went ahead and applied and got the order without my consent. I have not had time to read it and i have written to the court for an extension until i seek legal advice.

:dizzy: "Dizzie Diva" ;)

 

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Hi Dizzie

 

 

Ok re their application to submit a new WS.Firstly you must ask why would they wish to do this?

Are Nestons not up to the job? Out of their depth? Who knows but the content is probally worse than the original

and I wouldn't want to hing a case on whether my stationary had a logo on it or not:wink:

 

With regards to the DN she goes into great detail re delivery and dates this would indicate that you have touched a nerve.

As with any WS anything referred to or included must be backed up by fact and proved. I doubt anyone involved in the process

of DN instigation could actually prove what she states and is merely hindsight and smokescreens.

 

Be it an Hardship programme or agreement it is what it is and cant be differentiated in the detail she eludes.

Litigation was instigated even though there was " an Agreement in place"

 

I assume you have time now to digest what CB as posted for you and the implications of the Harrison case,

the application of a last minute WS really does smack of desperation and I am at a loss why any Global Company

would pursue this matter with the costs so far for the value involved, but as i have suspected all along this is personal

and your current situation as had no consideration in this matter from day one ,but merely reflects the nature of this company

and its treatment of its customers.

 

I personally would not attempt to stop this application, you may consider application to submit further testimonial yourself to highlight

the empty and amateurish content of said WS.

 

Let me know your thoughts

 

Regards

 

Andy:wink:

We could do with some help from you.

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Hi Dizzie

 

 

Ok re their application to submit a new WS.Firstly you must ask why would they wish to do this?

Are Nestons not up to the job? Out of their depth? Who knows but the content is probally worse than the original

and I wouldn't want to hing a case on whether my stationary had a logo on it or not:wink:

 

With regards to the DN she goes into great detail re delivery and dates this would indicate that you have touched a nerve.

As with any WS anything referred to or included must be backed up by fact and proved. I doubt anyone involved in the process

of DN instigation could actually prove what she states and is merely hindsight and smokescreens.

 

Be it an Hardship programme or agreement it is what it is and cant be differentiated in the detail she eludes.

Litigation was instigated even though there was " an Agreement in place"

 

I assume you have time now to digest what CB as posted for you and the implications of the Harrison case,

the application of a last minute WS really does smack of desperation and I am at a loss why any Global Company

would pursue this matter with the costs so far for the value involved, but as i have suspected all along this is personal

and your current situation as had no consideration in this matter from day one ,but merely reflects the nature of this company

and its treatment of its customers.

 

I personally would not attempt to stop this application, you may consider application to submit further testimonial yourself to highlight

the empty and amateurish content of said WS.

 

Let me know your thoughts

 

Regards

 

Andy:wink:

 

As you put it like that yes I agree. I havnt even read there witness statement properly i have skimmed it and i was not going to ask it to be set aside because at the end of the day i am telling the truth and i shall ask them to provide proof of delivery service like i aways do ie a postal reciept. I have asked the court to give me time to seek advice and allow me to add a further witness statement. How do i go about this what application to the court is required to allow me to do this?

:dizzy: "Dizzie Diva" ;)

 

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Dizzy, I have been given permission to post up the following for you. Please also see attachments which have been provided for your assistance.

 

Looks like MBNA telling Fairy Stories again!

 

 

They are inventing things to try and make themselves sound convincing.

 

 

I have read, heard and seen this myself, and such tactics were completely rubbished in the High Court.

 

 

I'm sending you pages from my High Court Bundle, and have rotated the DN Envelope to make it easier to read.

 

 

A lot of this MBNA guff is meant to sound like the Witness knows what they are talking about, so there's a lot of padding at the start to suggest an organised Witness, who knows the bank and has discussed this with other employees who are just as organised and sensible. The reality is likely to be somewhat different!

 

 

;)

 

 

This Witness is using standard MBNA smoke and mirrors tactics.

 

 

Paragraph (i):

 

 

This can only be taken at their word, we cannot prove nor disprove what that Department sent, or didn't send, or which Envelopes it may have used. We have no idea, and I suspect neither does MBNA.

 

 

Paragraph (ii):

 

 

They have provided a late Envelope, so what. The "S" I think is more or less meaningless, and if a UKMail Envelope, will relate to their Service or some pricing issue. Get onto UKMail's Web Site, and start looking, and download their Terms. This UKMail's Terms will confirm that Royal Mail still do the deliveries, and most of the mail piece handling. It's all part of the UK's Universal Service, Google that to see what I mean.

 

 

UKMail when sending Post, are a front end carrier, who collect Mail Pieces from their Clients, and then deliver them to Royal Mail...after which Royal Mail delivers the item to the Addressee. So, don't let MBNA try to imply a UKMail Service is guaranteed delivery in 2 days including Weekends, or any such nonsense, because that ONLY relates to the time between Customer and UKMail to Royal Mail. It does not include the Royal Mail leg.

 

 

Google Richard Hooper CBE and download his 2008 Report into Royal Mail. This confirms why 1st Class can take +2 Working Days, and 2nd Class +4 Working days. Not much has changed, hence why in 2010 Richard Hooper was put in charge of the likely Royal Mail break up and sell off. His Report also confirms why The Interpretation Act 1978 and the related Queens Bench Practice Direction 1985 are as applicable now, as they were then. The timescales for 1st and 2nd Class Royal Mail delivery have not changed.

 

 

MBNA's Witness in the High Court tried to claim similar UKMial issues, claiming they "would have used UKMail 1st Class" and was utterly defeated on the issue. I proved beyond any reasonable doubt that they sent my s87(1) Default Notice via Royal Mail, and via 2nd Class Post, using a Royal Mail 2nd Class Postage Paid Impression (pre-printed). See the PDF.

 

 

MBNA's Witness stated via a Witness Statement and Statement of Truth, that MBNA had used UKMail 1st Class, with a guaranteed delivery in 2 days including Weekends. This was pure invention or a complete failure to check.

 

 

She was wrong. Completely wrong, and she was a Solicitor.

 

 

She had to concede that point when in Court and under oath, i.e. the MBNA Witness had to concede that point and climb down from her absurd claims that they had used UKMail 1st Class and UKMail could deliver faster than Royal Mail when Royal Mail handle the main delivery (LINK never did concede this point, despite their later claims to try and say they did, i.e. to avoid costs after they lost).

 

 

Paragraph (iii):

 

 

My 2008 s87(1) Default Notice envelope does not have any "Read me, Recycle me" Logo. The Witness is making this up, or has no idea and should say he/she has no idea. Invention is not for a Witness Statement.

 

 

My Envelope had no such Logo, so the Witness is utterly mistaken, and their evidence should be questioned via cross-examination and suitably trashed. They must be made to concede that they are wrong.

 

 

 

Paragraph (iv):

 

 

This is also nonsense, because they did not switch over to UKMail from January 2008, as my accepted High Court evidence confirms. Indeed, as my many other 2008 MBNA Envelopes also adduced to the High Court also confirmed.

 

 

My s87(1) DN Envelope did not show that Stock Code, so the Witness is making this up to try and mislead the Court, no doubt to avoid a s87(1) DN from being declared bad, and thus no enforcement can be relied upon it.

 

 

I am fairly sure that HHJ Chambers QC is also Senior to HHJ Denyer QC. Chambers is the Senior Mercantile Judge for Wales, and is a full High Court Judge. HHJ Denyer QC was, by comparison, a Crown Court Judge who had only recently switched to Civil. Denyer was only "sitting as" a Judge of the High Court. HHJ Chambers QC was shown the Denyer Judgment and elected to ignore it, as he was able to do.

 

 

Keith Harrison v Link Financial Limited is almost certainly a higher binding Precedent on the 2nd Class Post issue and its potential adverse enforcement effects for the Claimant who does not allow time for Postage, than American Express Services Europe Ltd v I K R Brandon (Denyer Judgment - subject to Appeal in the CoA in any event).

 

 

I can think of no satisfactory reason why the MBNA Witness is claiming the Defendant's Envelope is anything other than what the Defendant claims it to be.

 

 

I am happy to provide a Witness Statement if needed, or I suggest you let the Court have sight of the Harrison v Link Judgment.

 

 

HTH

 

 

Cheers,

 

 

Keith Harrison

 

Exellent, do i need to refer to this case in a further Witness Statement?

Edited by DizzieDiva2010

:dizzy: "Dizzie Diva" ;)

 

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Hi

 

 

The hearing as been adjourned i understand so subject to the continuation you simply make application on a N244 to submit your further WS, the same as the Claimant.Think carefully Dizzie as anything you add further may appear tit for tat and its a further cost to yourself.

In all honestly that Witness will have to attend and you will have opportunity to raise rubbish and question anything she has stated as fact.

I dont think you need further extensions to consider because in effect what they have introduced is as I have stated tantamount to smoke screens and here say

not fact and very difficult to prove if required.

 

By all means study CBs links and the Harrison case and include in your argument.

 

 

Andy

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Hi

 

 

The hearing as been adjourned i understand so subject to the continuation you simply make application on a N244 to submit your further WS, the same as the Claimant.Think carefully Dizzie as anything you add further may appear tit for tat and its a further cost to yourself.

In all honestly that Witness will have to attend and you will have opportunity to raise rubbish and question anything she has stated as fact.

I dont think you need further extensions to consider because in effect what they have introduced is as I have stated tantamount to smoke screens and here say

not fact and very difficult to prove if required.

 

By all means study CBs links and the Harrison case and include in your argument.

 

 

Andy

 

Ok so i do not request to add a further witness statement, all i do is bring it up in court in my argument and refer to the Harrison case and ask them to prove they sent the default notice second class UK Mail?

:dizzy: "Dizzie Diva" ;)

 

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Ok so i do not request to add a further witness statement, all i do is bring it up in court in my argument and refer to the Harrison case and ask them to prove they sent the default notice second class UK Mail?

 

As MBNA have made it clear that they wish to rely on their oh-so-accurate witness statement and Sophie Anderson's testimony at the hearing I would have thought it is now up to you to get the orange bar code on the DN envelope deciphered so that you can blow their WS (and their witness) out the water in the court room. JMHO.When has the hearing been adjourned too?

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Also remember that Keith Harrison has offered to provide a Witness testimony for you as well if you require one. Just let me know :)

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As MBNA have made it clear that they wish to rely on their oh-so-accurate witness statement and Sophie Anderson's testimony at the hearing I would have thought it is now up to you to get the orange bar code on the DN envelope deciphered so that you can blow their WS (and their witness) out the water in the court room. JMHO.When has the hearing been adjourned too?

 

Once the court has sent the paperwork I have to state how long I want the case adjourned for, at the

moment my mind is not fully on this case but I have to try my best now I have come this far bc I don't want to loose.

Edited by DizzieDiva2010

:dizzy: "Dizzie Diva" ;)

 

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Also remember that Keith Harrison has offered to provide a Witness testimony for you as well if you require one. Just let me know :)

 

Has he wonderful of course I require one that will be the icing on the cake. Thank you so much for your input much appreciated.

:dizzy: "Dizzie Diva" ;)

 

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You should also in the meantime, go through each point she has stated that looks like hearsay, then interject with a question in court, 'do you know this from personal experience etc' if she flusters then go for the jugular, its hearsay then is it not??

You need to be prepared to rubbish this witness in court, back it up with paprwork from Harrison etc. but be prepared also for the judge not to look at all you bring

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