In Court Today 10am Need Advice

[Rappy]

I have got a court hearing now of 10th August.

Should i ask Wescott to provide all evidence agreement etc.

Any links to that letter

[Rappy]

Ref Old thread

http://www.consumeractiongroup.co.uk/forum/legal-issues/258512-help-court-action-defence.html

 

 

I have hearing set for 10th August and would like to ask what should i demand from Wescott, should i be all evidence, agreement and all records and is there a good letter for this.

This is statue barred as far a i can see anyway.

[Ibsys]

I have got a court hearing now of 10th August.

Should i ask Wescott to provide all evidence agreement etc.

Any links to that letter

 

You have no contract with the DCA so in matters where the alleged debt is in dispute, their client may be in contravention of the Data Protection Act 1998. Wescot are a third party in this. You may also find the card to which this alleged debt relates to is written on an application form and not a true cerdit agreement under the Consumer Credit Act 1974 and it is not enforeable unless it complies with section 6o or 61. If it does not comply under section 127, a court cannot enforce the debt.

 

After 6 years with no contact it is statute barred.

[Rappy]

So do i ask to see the alleged eveidence they got, i think I have seen a letter with this one. I need evidence or lack of it for court

[reallymadwoman]

I believe the hearing is for your set aside application?

 

If that is correct, I don't think you need ask Wescott for anything at this stage.

All you need to do is make the judge decide that you deserve a chance to defend the claim and you have a reasonable defence. Write out a short witness statement with everything that happened prior to the default judgement. Refer to any letters received or sent as 'Exhibit A' etc. When you've finished, print three copies of the statement and the exhibits and send one each to the court and the claimant, to arrive at least 7 days before the hearing.

 

You absolutely must turn up at the hearing. I can tell you from experience that it might be a bit scary, so if you can get someone to go with you for moral support, do. If nothing else, it gives you someone to talk to whilst you're waiting.

 

Wescott may well not turn up, but the judge still has to consider if your application is reasonable (it is). When he makes the order to set aside, he should give you a date by which you need to submit your defence. At this point, it might be a good idea to have a list of documents which you will require to enter a defence and ask that Wescott be ordered to produce them.

 

If you're not sure about anything, ask some more questions. I'll be happy to give your witness statement a look over if you're not absolutely sure it's OK.

[Rappy]

In Court Today With Westcott

I Attach There Witnes Statement. I Originally Said That No Knowdlege Of It, Letter Sent Before Court Case., No Reply. And That Of Statute As 2002 With Hfc.

Westcott Have Doubled Debt To 3400 With 1600 Interest.

I Have Sent Cca Request And Subject Access Request, As They Say They Looked At Records, But Al They Listed Payments As Is A Word Print Out.

Questions I Have Is If Westcott Not Got Ca Tru Copy Is Case Gone.

And Is It Legal For Them To Take Over From Hfc As I In Agreement With In 2002. Does This Mean It Statue. Westcott Say I Make Payment 2006

 

Help Needed Urgent

Archive.zip

[MARTIN3030]

3 threads merged to provide the background.

[MARTIN3030]

Can you say why they said you made payments in 2006?

[MARTIN3030]

You have left this very late-will flag it for site team but no guarantees at this 11th hour.Anyone else looking in feel free to post.

[Rappy]

because i was paying them i think 10 per month, my bank account got closed down and i was in spain 3 years.

but they only provided those paymentson word print out nothing oficial

[Rappy]

i know thanks had a load of stuff rl going on, course, works comittments and mariage issues

[MARTIN3030]

Ok I see Postggi was helping-looks like he is missing for a couple of days.

The WS posted are too small ????

[Rappy]

i posted them as zip file to

[Rappy]

in archive they full size

[MARTIN3030]

You prev posted this on July 8th-sorry if I am missing something - can you confirm the date as today ?

 

"

I have hearing set for 10th August and would like to ask what should i demand from Wescott, should i be all evidence, agreement and all records and is there a good letter for this.

This is statue barred as far a i can see anyway."

[Rappy]

yes sorry wrong day today 4th august is day

[MARTIN3030]

Ok thanks for clearing that up.

[Rappy]

sorry hearing is 4th August (today)not 10th

[Rappy]

We I attended court and Westcott had agent there. Judge went in favour of Westcott and there printed records. Their agent stated before they had not had my cca request and payment this was before hearing, I produced the payment from postoffice and recorded details. She said oh have you not received it back as you need to fill in a form. That is rubbish my letter off here is enough. Judge said as they only got this on 30th wouldn't give them enough time to reply, but a cca should be able to he sent out very quickly if they got it. I mentioned the subject access request, and she said seems to recall a case when a assumed trail of paperwork was ok. I started to mention that as no cca then I can't and court can't see if enforceable. Mentioned the appeal court case on here with sections 61. One part of my defence was that never got court paperwork only judgement, she said the fact it sent to last known address good enough that served. I questioned with agent why IND sent out letter and they Wescott and Network soultions same company, not as she said a collection company for wescott. So at moment I reapply for application after I got cca info from wescott. Or can I appeal on this as prejudiced due to wescott not providing me info and cca.

[MARTIN3030]

Live to see another day then.

You need to be better prepared next time round.

"she said the fact it sent to last known address good enough that served."

Thats correct.

 

What happened with costs ?

Any mention of this ?

[Rappy]

Well Wescott asked for costs if the judgement was against .

And there agent asked for 105gbp for costs and Judge said payment of that by 25 August

[MARTIN3030]

Suppose £105 is not too bad-they must have been using a local.

[Rappy]

So do I Reapply for set aside or contest this as Wescott not supplied cca info to me and conviently sent it back today asking me to fill in form, which isn't necessary as we know... And this prejudice my defence

[Risky1]

I know it's unrelated but can someone tell me how to post for cda issue my ex has lodged an objection to a liability order for the £12500 he owes his 3 kids he used every delay imaginable! The nice sheriff has given him an open ended time for him to log his objections and he's filing for legal aid! I have 3 of his 6 kids and he pays for none and is it right where he has an income and assets he can get legal aid? Will the sheriff take his side and block the order or am I just panicing my ec has a criminal record and legal, criminal and fraud enforcement are involved and ice and he forgot to mention he lives with his wife and actually works and has rental income too! How can he pull the wool over a sheriffs eyes too!!!

[Risky1]

I know it's unrelated but can someone tell me how to post for csa issue my ex has lodged an objection to a liability order for the £12500 he owes his 3 kids he used every delay imaginable! The nice sheriff has given him an open ended time for him to log his objections and he's filing for legal aid! I have 3 of his 6 kids and he pays for none and is it right where he has an income and assets he can get legal aid? Will the sheriff take his side and block the order or am I just panicing my ec has a criminal record and legal, criminal and fraud enforcement are involved and ice and he forgot to mention he lives with his wife and actually works and has rental income too! How can he pull the wool over a sheriffs eyes too!! Help needed