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old Egg loan ScotCall/Arrow Global/Westcot - Now Claimform***Claim Discontinued***


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What date must you submit your witness statement in response by...have you been given a hearing date?

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No court hearing date yet - just realised I'm not bound by Shoosmiths demanding I reply to *them* by a set date am I? Duh!

 

I assumed you already knew that hence I asked have you a hearing date.....dont respond to them at all until your ready to submit a formal response as advised by the court

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  • 2 months later...
I assumed you already knew that hence I asked have you a hearing date.....dont respond to them at all until your ready to submit a formal response as advised by the court

 

I've received a date for the court hearing - 3rd September. No request for a formal response in the paperwork yet

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There is ...its on page 2 of the N244 which you didnt upload...all responses (Witness statement) must be submitted not less than 7 days pre hearing

 

Follow the following thread.....exact same stage as you.....application for strike out/summary judgment

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?465360-Capquest-Drydens-stayed-Claim-halifax-Card-now-supplied-CCA-2-yrs-later../page3

We could do with some help from you.

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There is ...its on page 2 of the N244 which you didnt upload...all responses (Witness statement) must be submitted not less than 7 days pre hearing

 

Follow the following thread.....exact same stage as you.....application for strike out/summary judgment

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?465360-Capquest-Drydens-stayed-Claim-halifax-Card-now-supplied-CCA-2-yrs-later../page3

 

That's brilliant - thanks Andy. Have had a look at the thread - I'll get this drafted up this week

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  • 2 months later...

post it here as text in a msg box so we can edit

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Probably best to keep it as a PDF DX then only members can view.

 

You have a few issues of switching between section 77 and then 78...loans are section 77...remove all references to section 78.

 

Not sure what the following means....?

 

Response to the Defence

Indebtedness to the Claimant

12 Acknowledged

 

 

22 - 23 Noted but denied. The documentation received appears to be a selection of templates with

dates added to pa out there bundle...should state pad.

 

Apart from that I couldn't have drafted it any better...although it does look familiar :wink:

 

Dont forget your headers and date your statement of truth.

 

 

Andy

We could do with some help from you.

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Probably best to keep it as a PDF DX then only members can view.

 

You have a few issues of switching between section 77 and then 78...loans are section 77...remove all references to section 78.

 

Not sure what the following means....?

 

Response to the Defence

Indebtedness to the Claimant

12 Acknowledged

 

 

22 - 23 Noted but denied. The documentation received appears to be a selection of templates with

dates added to pa out there bundle...should state pad.

 

Apart from that I couldn't have drafted it any better...although it does look familiar :wink:

 

Dont forget your headers and date your statement of truth.

 

 

Andy

 

Cheers guys - finding the right places to insert your original paragraph was the toughest challenge :)

 

Re Section 77/77 - the Shoosmiths doc references section 78 requests specifically in 3 places that I can spot. Do I need to address that?

 

12 Acknowledged - was in response to the paragraph "12 It is noted the Defendant neither admits nor denies he is indebted to the claimant"

Edited by LordSuggs
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Re Section 77/77 - the Shoosmiths doc references section 78 requests specifically in 3 places that I can spot. Do I need to address that?

 

This is a loan......section 78 is for credit cards.

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You could slot the following in after your opening paragraph.....see if the judge picks up on it.?

 

It is noted that the case handler responsible for the draft of the claimants witness statement confirms that the evidence from his/her own knowledge derived from his/her conduct of this action and from documentation supplied to him/her from the claimant.It will be expected that this person will be in attendance to orally give this evidence or give notice pursuant to Section 2 of The Civil Evidence Act 1995.

and CPR33.2 (b) giving the reason why the witness is not in attendance.

 

The rest is okay

We could do with some help from you.

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You could slot the following in after your opening paragraph.....see if the judge picks up on it.?

 

It is noted that the case handler responsible for the draft of the claimants witness statement confirms that the evidence from his/her own knowledge derived from his/her conduct of this action and from documentation supplied to him/her from the claimant.It will be expected that this person will be in attendance to orally give this evidence or give notice pursuant to Section 2 of The Civil Evidence Act 1995.

and CPR33.2 (b) giving the reason why the witness is not in attendance.

 

The rest is okay

 

Great addition - all added in. Thanks for your help Andy :)

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  • 3 weeks later...

If you have time you should try and make a court familiarisation visit

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If you have time you should try and make a court familiarisation visit

 

Many thanks for the link - unfortunately I'm not going to be able to get time off to go this week :( I've set aside all weekend to reread everything and make sure I'm prepared for Monday.

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Hi all - Court date tomorrow. I've been rereading every thread I had bookmarked that you guys have sent me (Andy's advice to Potman here has been invaluable in understanding the deficiencies of their paperwork for the last 5 years) and ensuring that I have a clear head as to my arguments. Bit of a step into the unknown for me, but thanks to you guys I'm as prepared as I could be.

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Best of Luck LS...please update your thread on the outcome when convenient...good or bad.

 

Regards

 

Andy

We could do with some help from you.

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Hi guys,

 

Just out of court and the result is it's been adjourned for 56 days.

 

The judge's first question was "Why has this been left for 4 years?" and the solicitor had no good answer to that.

The judge also asked why they had submitted both a request that the stay be lifted AND an application for summary judgement at the same time.

He said it appeared quite 'arrogant' for them to proceed on this basis.

 

In all I spoke about twice as the judge was fairly insistent that the case made was severely lacking on the claimant's side and that it supported my point about them trying to avoid the statute barred clock.

 

He decided to adjourn for 56 days to give them the opportunity to make a compelling reason why the stay should be lifted, before any further proceedings are forthcoming.

 

He then turned to me and said that while he understood my point on reconstituted documentation, courts have in the past sometimes accepted that there is just no original paperwork and given leeway, so if it goes forward with a judge in that mindset "It will be curtains for you"

 

As we were leaving, the solicitor asked if I could mail them a copy of my witness statement and then said he'll discuss with his firm and they'll make a decision about next steps - and that they may not proceed.

 

So not out of the woods yet but it all sounds positive.

 

Once again thank you to AndyOrch, DX100uk and the gang for armouring me for today.

Greatly appreciated fellas.

Edited by dx100uk
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well done

hope you enjoyed it

and wasn't as bad as you thought it would be...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Obviously the Judge has taken time in view of his comments to actually read your statement....and also the point of their application for SJ/SO.

 

Wouldn't you think the Solicitor would already have a copy of the statement in preparation for the hearing...If you have already served one I wouldn't send another.

 

Very positive LS

 

Well done

 

Andy

We could do with some help from you.

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well done

hope you enjoyed it

and wasn't as bad as you thought it would be...

 

I wouldn't say I 'enjoyed it' :lol: but it was definitely not as bad as I'd feared and actually far more interesting hearing the arguments from both the judge and the solicitor

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