wescot are very sneaky

[furyan]

sorry ford

i was seeking advice from this forum at start but when i didnt get any replies for a week or so i did seek legal advice

[Guest]

sorry ford

i was seeking advice from this forum at start but when i didnt get any replies for a week or so i did seek legal advice

 

no probs. don't apologise. legal advice is always a good thing if poss. will they be representing you on monday?

Edited September 14, 2012 by Ford

[furyan]

Is there anything within referring to the case? If not did you refer to the statement in your w/s and did you file/serve a copy?

nope there is only 1 account on there which is her current 1

no didnt file and serve as only just found it.

misses is terrible at filing papers lol

 

 

no ford i couldnt afford them so its just me and the misses

absolutely bricking myself

[Mike_hawk]

You need to find a way to bring it to the courts attention at the hearing, is it referred to at all in your w/s?

[furyan]

unfortunately no.

only thing that was basically put in the statement is that we didnt recieve any letters from wescot and that we didnt know anything about the debt.

so am i screwed

or as it refers to a provident account can i not say that the only account we have with provident is upto date and then use that as proof

[Guest]

....

no ford i couldnt afford them so its just me and the misses

absolutely bricking myself

 

ok, as per my post #44. if address/name issue fails, then focus on poss defence eg stat bar etc. but mention defence also. you are litigant in person so J should take that into account.

Edited September 15, 2012 by Ford

[Mike_hawk]

If you're certain this would disprove their claim then you'll have to try something, even if it fails on the day you'd be kicking yourself afterwards for not giving it a shot.

 

Try the following, hand to the usher:

 

 

 

 

Statement: Relief from Sanctions

Defendant: xxxxx

Exhibits: xxxxx

Date: xxxxx

Claim Number: xxxxx

 

 

IN THE xxxxxxxxx

county court

 

 

BETWEEN:

 

 

xxxxxxxxxxx (CLAIMANT)

v

xxxxxxxxxxx (DEFENDANT)

 

 

WITNESS STATEMENT IN SUPPORT OF DEFENDANT RELIEF FROM SANCTIONS CPR 3.9

 

I, xxxxx, of xxxx WILL SAY AS FOLLOWS:

 

1. I am a litigant in person of the above address.

 

2. I represent myself as the Defendant against xxxxxxxx.

 

3. I make this statement in response to the Claimants witness evidence.

 

4. The Claimants case rests upon particulars which do not reconcile with the averred original creditors data, to grant relief to set aside the case would allow the Defendant to fully plead its position in the interests of the administration of justice.

 

5. In claiming relief; the Defendant respectfully requests that the court should allow the attached statement of account produced by the original creditor as evidence in chief.

 

6. I confirm that [in error] I failed to serve the attached prior to the claimants submission in response to the current set aside application. I appreciate that this would have affected the Claimants position as it is clear that no debt was due or outstanding, I confirm that prejudice was neither intended or sought.

 

7. In making this statement, I attach exhibit marked xx

 

I believe that the facts stated in this witness statement are true.

 

Signed: xxxxxxxxx

[Guest]

good luck for tomorrow. it seems that they have the right address? so it may rest on the defence issue. but, you've had sol legal advice so you're aware of things. let us know how it goes.

Edited September 16, 2012 by Ford

[furyan]

thnx she is due in court in arround 1hr.

will let you know the outcome when we get back

 

heres hoping

[furyan]

the judge has adjourned the set aside hearing for 28 days

and ordered that wescot send us a copy of the original agreement.

and ordered that the case be in front of him again

[Mike_hawk]

That's good news, gives you time to fully consider your witness evidence and add some meat to the bones. Did the dj accept the statement of account/s?

[furyan]

he accepted all evidence i produced i.e nothing on credit files provident do not have any trace of such an account number.

the fact that it was also in wrong name

ie.jackie blogs

when her name is jaqueline blogs which is more then a typo

he even asked how they could pursue a case to court without having a copy of the original agreement.

wescot did state that they dont have any paper work on file they also suggested that the debt could be from 2005 with which i said that would make it statue barred and shouldnt have been taken to court.

the judge also asked if they had sent a copy of the agreement they replied that none was asked for

i then told the judge that i had sent a subject access request for all details including statement of the account and original agreement

[Mike_hawk]

This does sound as though the judge wasn't up for taking any prisoners today I would be inclined to start getting your costs together in the event that they agree the set aside and discontinue the case. If it is def statute barred it would seem sensible and less costly for them to come clean at the earliest opportunity.

[Mike_hawk]

SAR......... what date did they receipt it and are they beyond the 40 day compliance period?

[furyan]

lets hope that is the case.

wescot tried to get costs added this time but the judge did ask why.

and costs were defered.

the dj has asked that the case be infront of him again on the 22oct

the SAR was signed for on the 30th of last month

[Mike_hawk]

Keep an eye on the date for compliance.......... if they fail we can take a look at a possible damages claim

[furyan]

dont worry im watching

and i will carry on with i aint letting these people off the hook

the judge didnt grant the set aside

but on the 22nd oct he is goin to deal with set aside and hear the case completely

so once i get the copy of the agreement and had a look at it i need to get the def filed and served

[Mike_hawk]

It's a witness statement you'll need to draft for the hearing on the 22nd. Give me a nudge nearer the time and I'll give you a hand tweaking it to suit any disclosed data. If Wescot confirm in the meantime that an 'error' has been made there's a couple of options you could consider. We can take a look at those [options] as and when anything new appears.

[furyan]

yeah will wait and see what happens.

im hoping they dont find a copy of the agreement which from what ive read on here they tend to struggle with.

any paper work ive sent to them so far has a typed sig on it so they wont be able to copy it

[Mike_hawk]

Lol, I struggle with allowing anyone a copy of my signature too

[Guest]

he accepted all evidence i produced i.e nothing on credit files provident do not have any trace of such an account number.

the fact that it was also in wrong name

ie.jackie blogs

when her name is jaqueline blogs which is more then a typo

he even asked how they could pursue a case to court without having a copy of the original agreement.

wescot did state that they dont have any paper work on file they also suggested that the debt could be from 2005 with which i said that would make it statue barred and shouldnt have been taken to court.

the judge also asked if they had sent a copy of the agreement they replied that none was asked for

i then told the judge that i had sent a subject access request for all details including statement of the account and original agreement

 

sounds good so far furyan.

interesting that j questioned why court without original agreement. and ordered production of it. and that 'jackie' is not acceptable (unless i supposed they come up with an original in which jackie has been given as name)

would the 28 days allow for the 40 day time limit re sar?

[furyan]

yeah the sars drops in before the next court date.

 

just an update 7 days passed nothing from wescot as of yet

[Mike_hawk]

Anything from the court yet? No directions or order pre hearing following the judges comments?

[furyan]

not yet

we did phone today and they are behind in typing if we dont hear from them next week to call again

[furyan]

anyone know what will happen if wescot fail to provide the copy within 14days as instructed by dj