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Drydens - defending a court claim


conar686
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Received the court date however I'm not available and have asked for an adjournment.

 

Can anyone help with my a skeleton argument, court strategy and with compiling a court bundle for an (signed) agreement that is illegible, True copy and T&Cs not related to original documents and default notice non compliant.

 

See attached for docs

Creations agreement 160510.jpg

recon agreement 1.jpg

recon agreement 2.jpg

recon agreement 3.jpg

recon agreement 4.jpg

Edited by conar686

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All of the above and the attached default notice came with the claim.

 

I sent the following on 26 Jun for which I await a response

 

I wrote to you on 7 Jun 10 for which I await a response. You should be aware by now that I have stated that I wish to defend your claim, I have submitted my allocation questionnaire, I again invite you to withdraw your claim.

As stated previously, the reconstituted document you are relying upon is clearly different than the illegible one which has been signed. It is, therefore, not a true copy as required by the act and defined the recent Judgement handed down by Judge Wakeman (Carey v HSBC).

I am able to raise arguments as to the proper execution of the agreements and most importantly I am able to raise a strong argument as to the enforceability of said agreements.

The issue of enforceability has been before the Courts, Court of Appeal and House of Lords on numerous occasions and I intend to cite primarily the recent case where Judge Wakeman (Carey v HSBC) went a long way to define what is and is not permissible as evidence of an enforceable agreement.

There are many more authorities that confirm non compliance with the strict requirements of the 1974 Act, these leave the agreement unenforceable and the court has no discretion to intervene if this is the case.

I request again that you consider discontinuing your action, that you will advise your clients of the risks in continuing this action without the enforceable documents to support their claim.

If your client is determined to continue this action I require that you state where they consider the referenced case law I have provided as flawed and that they state clearly how they consider there is a case to answer.

In closing, I shall upon successful application for strike out request the court award compensation in the region of £6000 for the time spent in defending this action, I reserve the right to produce this letter where compensation is being considered.

 

Any help or ideas with witness statements & court bundles welcome

default 2009 no details.jpg

drydens response no details.jpg

drydens response 2 no info.jpg

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Agreement

 

Creationsagreement160510.jpg

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

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There is no freemasonry like the freemasonry of Golf

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Default as received with the above agreement

 

DrydensDefaultnotice160510.jpg

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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The next 4 are the agreement that purports to represent the agreement that was signed above

 

reconagreement1.jpg

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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reconagreement3.jpg

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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reconagreement2.jpg

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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reconagreement4.jpg

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Court date set for 10 Aug help/advice as requested above would be much appreciated

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Bump advice on skeleton argument & court bundle

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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bump

 

re dn, imo - according to 'service' rules, if first class then it seems ok. if second class, then it w/b short of the required '14 days'.

 

How can it be kosher there is no amount (data variable) to specify how I can remedy the situation?

 

BUMP

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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How can it be kosher there is no amount (data variable) to specify how I can remedy the situation?

 

BUMP

 

sorry, i had thought that was your editing!

it looks like a 'template' then! is this the one they sent you originally, or is it one that was recently sent to you as a copy/following a request for copy docs?

IMO

:-):rant:

 

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All of the docs above were delivered with their claim

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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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