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    • 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  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Debt_mountain vs Cabot


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It has been brought to my attention that I have not updated for a while. oops sorry, been enjoying the lovely weather.

 

Mr Dean Spencer has stepped back from my claim, I managed to make him fall out with me, he has now been replaced by a lovely man called Piers Morgan (not sure if it is the same one) similar attitude to that of the man from the papers. I guess Cabot are just trying to up the anti a little.

 

Atleast Dean Spencer was a decent bloke any time I dealt with him and I would say he actually provided far more information that I think his client would have liked, sales agreements etc.

 

I don't need to make Mr Morgan fall out with me, he already hates me going by the tone of his letters, he refuses to use email, so I am guessing he hi a technophobe and has his lovely assistant print of my emails so they look like and good old fashioned letter, she probably folds it and puts it in an envelope so he get "the feel of it " when he slices it open with a stanley knife.

 

I ramble, sorry.

 

The court has told Hodcsons off for not copying me a repl y to my complaint about Dean Spencers tone and threatening comments in his letters, he wrote a 2 page reply to the court but the judge wasn't happy that he never sent me a copy.

 

I then sent a 5 page reply to that basically a witness statement telling the court just how dirty Cabot are.

 

the judge has now asked that I rewrite my claim and specify which company Cabot Europe or Kings Hill are being claimed against. I sent that in yesterday and guess Mr Morgan will be asked to file an ammended ammended defence (they have already filed 1 ammendment).

 

Mr Morgan last letter to me

 

" You are the Claimant in this matter and therefore it is a matter for you to produce such evidence as you see fit to prove your claim.

 

We have answered essentially the same questions time and time again and it is perfectly clear that the issues are ultimately for the Court to decide.

 

We await receipt of any amended Particulars you seek to rely upon and await receipt of your application to the Court to make such amendments.

 

We have nothing further to add to what we have already said and therefore the matter will proceed to Trial where the parties can produce appropriate Witness evidence for the Court to determine the issues. Further communication from you of the like you continue to submit will be referred to this letter."

 

so my no POC is in and we just have to wait and see.

 

Letters like that just make you look an idjit to the judge. A fine example of what NOT to write.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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He sounds exactly like his sacked newspaper editor namesake, you can almost hear the sound of toys being thrown out of the pram!

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Just keep all this documented. We are compiling a ' nice little file ' on our friends. - and that goes for anyone else. If anyone gets anything from Cabot, sales agreements Deeds of Assignments or anything else for our 'Library' we would be most grateful. Even insider gossip !

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Insider gossip WOULD be good. And we do promise to protect any "sources" that might like to come forward. It's already apparent that some of you Cabot employees are none too happy in your work, judging by some of the social networking sites. Although I have a feeling management has been busy telling people off, as most of the sites are now "friends only" or have been amended.

 

To those affected, I can only apologise. But really, you only have your bosses to blame for me highlighting the truth.

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as most of the sites are now "friends only" .

 

To those affected, I can only apologise. But really, you only have your bosses to blame for me highlighting the truth.

 

You mean we are not deemed 'friendly'? :p

 

As for the apology, I would like to second that on behalf of a few hundred others in the club... NOBODY wishes any bad will to ANY of Cabot employees. This campaign is about you being taught by the powers above who have reigned merry hell on thousands, the RIGHT way to do your job. You are no different to any of us out here other than that you happen to represent your employer whilst doing the job you are taught to do. What they haven't taught you is that what you do is breaking the law - YES YOU! - and that is what we are trying to do, make changes to the industry, an industry that your smiling little leader Kenny Maynard happens to have quite an influence over and who has been doing wrong and not been caught - until now and we in The Cabot Fan Club have just caught him, he's almost nicked we are just getting the white van ready to collect, but want him to enjoy his birthday first (on the 10th Sept if you fancy making a creepy crawly gesture up the promotional pecking order! ). So please do not be offended, we are just highlighting the kind of young people he employs and takes advantage of to practice these unlawful acts on his behalf - you never know, we might even be able to call you as witnesses now we know you.

 

Tick tock Mr Crawford, Randall and his highness Mr M. - have you seen me in Spain too?

 

 

Lots of love

 

Sarah xx

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I have just dropped a wee note to the court about Mr Morgans hinderance in my claim. I also had to send it to Mr Morgan to keep the court happy. Mornin' Morgy.

 

Good Morning Mr Morgan,

 

Just to keep everything correct with the court I have attached the letter I have just sent them. It is in complaint to your last letter of 14th August 2007 and the fact it is hindering the legal process. I am also going to be sending the same complain to the law society (once I have confirmed that they are your regulatory body).

 

I just need to check if it is the law society I now write to to add to this complaint.

 

Yours

 

DM.

 

 

CHANCERY BUSINESS

DM Hoose

The Court Manager

The Law Courts

The Quayside

Newcastle-upon-Tyne Tyne & Wear

England

NE1 3LA

Fx 0191 201 2001

Ph 0191 201 2000

22/08/2007

IN THE NEWCASTLE-UPON-TYNE COUNTY COURT claim DM666

BETWEEN

Claimants : (1) DM (2) Mrs DM

-and-

Defendants: (1) Kings Hill (No1) ltd

(2) Cabot Financial (Europe) Ltd

Dear Sirs

I am writing to complain about the conduct of the solicitor of the defendants in this case, Mr Piers Morgan. I am trying to obtain the required information to ensure that the court has all of the required evidence put in front of it to assist in the trying of this case but Mr Piers Morgan has refused to answer some of my questions. I have attached his latest reply 14th August 2007 below along with the previous communication from myself Email dated 14th August 2007 and Mr Morgan’s 3rd August 2007.

He is referring to my repeated requests for the same information. This is only required because he has either failed to supply a legal arguement / evidence to back up any statement made or he “skirts” around giving an answer at all.

I would like to ask that you let me know if this is acceptable for a professional solicitor to be this obstructive during the preparation of a case.

A copy of this letter has been sent to Mr Morgan.

Yours faithfully

DM. Cc Piers Morgan the defendant’s solicitor.

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Well, that letter gives me a warm feeling inside...

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Debt Mountain - don't worry - it isn't just you he is holding information from etc.. there will be other complaints afoot - we will have Piers pants down and his botty smacked before he can blink :D

Beaverings away going on as we speaks.

 

(perhaps not he might enjoy that ? )

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After Morgys reply to me saying he had dropped his toys I sent the letter to Cabot Customer Services department....contradiction of terms there.

 

here is what I got back.....they don't seam to get the message, we will not go away!!!

 

Dear Mr DM

Thank you for your correspondence received on 17th August 2007.

The matter is currently subject to ongoing legal proceedings in Newcastle upon Tyne County Court. Hodsons have been instructed and remain instructed to represent the Defendant in those proceedings.

Our solicitors have throughout sought our instructions upon issues you have raised and those instructions have been relayed to you. The fact that you take issue with those replies is not altogether surprising, having regard to the fact that this case continues to be litigated. big deal, just answer my simple questions then.

From our consideration of the correspondence passing between Hodsons and yourself, we are satisfied that replies have been given promptly and in accordance with instructions we have given to our solicitors. seam to have missed the point. I am wanting answers not for them to chase up their appointed Morgy.

We are unclear what you refer to as the "FSA Guidelines" not what I had stated in my letter. It may be that you are referring to the Financial Ombudsman Service and its Complaints Procedure. In our view the Financial Ombudsman Service has no jurisdiction in this matter so far as your complaint is concerned as the matter has been ongoing prior to the 6th April 2007.

If you require independent advice concerning the matter you should instruct appropriate advisers. I'm on CAG what more advice do I need?

Yours sincerely

Customer Assurance Department didn't even give the courtesy of a name.

If I have helped click my scales....

 

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...but you know these kids who leave school young and inexperienced - they can't wrote lehers like wot we did when we was young - thay jst don't no do thay?

 

can't expect miracles DM & Lizzy, they are just good a speaking on the telephone giving greif to everyone cos they is on a bonus to do so and they just leerve looking up all our dirty white data and land registry info don't they? Gives em a nice drunken holiday in Benidorm of course - don't want to spoil their fun now do we? :D

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...but you know these kids who leave school young and inexperienced - they can't wrote lehers like wot we did when we was young - thay jst don't no do thay?

 

can't expect miracles DM & Lizzy, they are just good a speaking on the telephone giving greif to everyone cos they is on a bonus to do so and they just leerve looking up all out dirty white data and land registry info don't they? Gives em a nice drunken holiday in Benidorm of course - don't want to spoil their fun now do we? :D

 

 

:D Hey but they can at least get drunk at weekends if they shout and be rude to people on phone all week and bully their customers :D

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Just keeping the pressure up and prodding Cabot.

 

I took a leaf out of oor Lizzies book and although I have just submitted my very detailed draft ammended POC I am also wanting to keep the basic arguement simple so I sent the following darft directions to the judge. Just to let him know that this claim is really simple, only made more confusing by Cabots setup and business practices.

 

CHANCERY BUSINESS

DM's hoose

UK

The Court Manager

The Law Courts

The Quayside

Newcastle-upon-Tyne Tyne & Wear

England

NE1 3LA

Fx 0191 201 2001

Ph 0191 201 2000

28/08/2007

IN THE NEWCASTLE-UPON-TYNE COUNTY COURT claim xxxxxxx

BETWEEN

Claimants : (1) Mr DM (2) Mrs DM

-and-

Defendants: (1) Kings Hill (No1) ltd (this is the name they used in all my accounts)

(2) Cabot Financial (Europe) Ltd

Dear Sirs

The Claimants believe that the claim being made is basically a very simple claim but the way the Defendants have structured and conducted their business makes it far more complicated than it needs to be.

To date these two requests have been made to the Defendants on more than 3 occasions and as yet the Defendants have failed to provide this information.

To resolve this claim and assisting its progress the Claimant believes we need 2 simple documents.

1 – Proof of ownership. Kingshill (No1) Ltd need to provide the evidence that they have legal right to collect this debt and that the assignment was properly and legally executed.

This will prove if Kingshill No1 Ltd should hold let alone process any of the Claimant’s personal information.

2 – A copy of the properly executed agreement including the terms and conditions attached to that agreement.

This will show if Kingshill (No1) Ltd should have processed the personal data of the claimants and whether the Defendant has received any authority from the Claimants to do so.

I would like to propose a draft order (attached) to allow us to progress this case.

Yours faithfully

Mr DM. Cc Piers Morgan the defendant’s solicitor.

IN THE NEWCASTLE-UPON-TYNE COUNTY COURT claim xxxxxxxxx

BETWEEN

Claimants : (1) Mr DM (2) Mrs DM

-and-

Defendants: (1) Kings Hill (No1) ltd

(2) Cabot Financial (Europe) Ltd

Draft Directions

1. The Claimant suggests the following directions :

A) The defendant is to provide the claimant and the court evidence that the defendant has or has had legal ownership to these debts and that the correct and legal assignment of ownership from the original lender, no later than 2 weeks,

B) The defendant is to provide the claimant and the court a copy the properly executed agreements including the terms and conditions attached to these agreements no later than 2 weeks,

If I have helped click my scales....

 

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Just keeping the pressure up and prodding Cabot.

 

I took a leaf out of oor Lizzies book and although I have just submitted my very detailed draft ammended POC I am also wanting to keep the basic arguement simple so I sent the following darft directions to the judge. Just to let him know that this claim is really simple, only made more confusing by Cabots setup and business practices.

 

CHANCERY BUSINESS

 

DM's hoose

 

UK

 

The Court Manager

The Law Courts

The Quayside

Newcastle-upon-Tyne Tyne & Wear

England

NE1 3LA

Fx 0191 201 2001

Ph 0191 201 2000

 

28/08/2007

 

 

IN THE NEWCASTLE-UPON-TYNE COUNTY COURT claim xxxxxxx

 

BETWEEN

 

Claimants : (1) Mr DM (2) Mrs DM

 

-and-

 

Defendants: (1) Kings Hill (No1) ltd (this is the name they used in all my accounts)

(2) Cabot Financial (Europe) Ltd

 

Dear Sirs

 

The Claimants believe that the claim being made is basically a very simple claim but the way the Defendants have structured and conducted their business makes it far more complicated than it needs to be.

 

To date these two requests have been made to the Defendants on more than 3 occasions and as yet the Defendants have failed to provide this information.

 

To resolve this claim and assisting its progress the Claimant believes we need 2 simple documents.

 

1 – Proof of ownership. Kingshill (No1) Ltd need to provide the evidence that they have legal right to collect this debt and that the assignment was properly and legally executed.

 

This will prove if Kingshill No1 Ltd should hold let alone process any of the Claimant’s personal information.

 

2 – A copy of the properly executed agreement including the terms and conditions attached to that agreement.

 

This will show if Kingshill (No1) Ltd should have processed the personal data of the claimants and whether the Defendant has received any authority from the Claimants to do so.

 

I would like to propose a draft order (attached) to allow us to progress this case.

 

Yours faithfully

 

Mr DM. Cc Piers Morgan the defendant’s solicitor.

 

 

 

 

 

 

IN THE NEWCASTLE-UPON-TYNE COUNTY COURT claim xxxxxxxxx

 

BETWEEN

 

Claimants : (1) Mr DM (2) Mrs DM

 

-and-

 

Defendants: (1) Kings Hill (No1) ltd

(2) Cabot Financial (Europe) Ltd

 

 

Draft Directions

 

 

1. The Claimant suggests the following directions :

 

A) The defendant is to provide the claimant and the court evidence that the defendant has or has had legal ownership to these debts and that the correct and legal assignment of ownership from the original lender, no later than 2 weeks,

 

B) The defendant is to provide the claimant and the court a copy the properly executed agreements including the terms and conditions attached to these agreements no later than 2 weeks,

 

 

Hi DM,

 

 

Hopefully that should keep them on their toes!

 

 

Jeff.

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I think it might be helpful Sailor, to actually have the relevant piece of law in black and white to show the judge, suitably marked for ease of reference, to point him/her in the right direction. Not all of these judges are all that clued up on consumer law, and the more helpful you are, the easier the whole process will be.

 

I'm certainly going to be doing all I can to smooth the whole process when I get into court. :D

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