2 claim forms received today from Northampton County Court

[loobie79]

Hi both, yes the hearing is the 21st November 2013. Getting scary now! Had absolutely nothing to do with this claim from them apart from what I've posted on here, just confused as to why they threatened SJ with other claim and yet have done it with this claim and have sent me nothing I've asked for.

 

Regards

Loobie

[AndyOrch]

Well you must deal with the SJ application claim as priority....you need a copy of their WS to be able to submit your own in objection...which must be served on the court and claimant by Thurs 14th Nov.

 

Regards

 

Andy

[loobie79]

Just rang courts again and they are sending me a copy of the WS and exhibits mentioned, so will get back to you when I receive them.

Thanks for all your advice so far Andy its much appreciated

 

Loobie

[loobie79]

Hi all, received the witness statement from the court today am still unable to scan at the moment so will upload both the credit agreement from the credit card and miss tippings witness statement over the weekend when im at my mums.

 

Included are exhibits which include reconstituted credit card statements, reconstituted bank statement to show overdraft, a copy of the credit card agreement which is signed :(reconstituted notices of assignment from marlins and lloyds - marlins ones i have never received, might of had lloyds ones, stopped reading mail from them years ago.

 

No default notices are included and from what ive read on this forum and others is that it should contain these - am i correct as some of the posts are quite old and im unsure if things have changed

 

Cheers

Loobie

Edited October 31, 2013 by loobie79

[2Grumpy]

I get the impression from my own dealings with LTSB that they don't keep default / termination / enforcement notices. I have seen plenty of threads where their default notices haven't been compliant

[loobie79]

I get the impression from my own dealings with LTSB that they don't keep default / termination / enforcement notices. I have seen plenty of threads where their default notices haven't been compliant

 

Thanks for replying Grumpy do you know if I can base my witness statement on this?

 

Loobie

[2Grumpy]

I think that the lack of a notice(s) of assignment from Marlin will be useful, as would the lack of default notices - especially if you didn't receive them

 

I'm surprised that they have lumped two dissimilar accounts into a single claim

 

Marlin would have got very little information from Lloyds. Mine was assigned to them in November/December last year.

 

With my account I they had charged for services not supplied and then didn't refund charges applied just because of those, so I knew that mine was dodgy. Marlin were happy to carry on with LTSB's claim that everything was ok, but I complained & got to the financial ombudsman.

[loobie79]

Hi all, think ive uploaded these correctly.

http://s1319.photobucket.com/user/loobie79/library/

 

as well as what ive uploaded are credit card statements dated from 19th Oct 2004 - 19th Nov 2007 and bank statements dated from 22nd Dec 2006 - 4th Dec 2007

 

Loobie

[AndyOrch]

What letter does she refer to Loobie in the WS dated 20th Sept.2013 that she states you never replied to?

[loobie79]

Hi Andy, the letter was her inviting me to withdraw my defence as it had no prospect of success. I can post it if you want the full version?

 

Loobie

[AndyOrch]

No its fine I have seen hundreds of same letter:roll:

 

 

You now need to sit down with their WS and respond to each para she states with your objection and contentions....makes notes and post up what you have found.

[loobie79]

No its fine I have seen hundreds of same letter:roll::lol:

 

 

You now need to sit down with their WS and respond to each para she states with your objection and contentions....makes notes and post up what you have found.

 

 

Ive gone round and round and round since receiving this claim form - only thing ive achieved is a 2 stone weight loss:whoo: who needs weight watchers just get Restons on the case.

 

in regards to my defence - it was scant as they had provided no documents which I had requested but now they have (not all requested documents but some) I don't think I have a case to argue apart from the lack of default notices! (maybe somewhere deep within the cpr rules it hides) but it might as well be written in Greek for all the help its been to me.

 

Ive read cases on here which have been lost and the posters are really confident and seem to know what they are talking about - sadly this is not the case with me.

 

So thanks Andy for all your help on this one but I dont think I can possibly go anywhere with this:sad:

 

Cheers

Loobie

[loobie79]

oh just a quick one Ive got home to another application for summary judgement for the loan claim - this one I am going to fight as the cca is totally illegible so will post more when I get the ws.

 

Loobie

[AndyOrch]

Ive gone round and round and round since receiving this claim form - only thing ive achieved is a 2 stone weight loss:whoo: who needs weight watchers just get Restons on the case.

 

in regards to my defence - it was scant as they had provided no documents which I had requested but now they have (not all requested documents but some) I don't think I have a case to argue apart from the lack of default notices! (maybe somewhere deep within the cpr rules it hides) but it might as well be written in Greek for all the help its been to me.

 

Ive read cases on here which have been lost and the posters are really confident and seem to know what they are talking about - sadly this is not the case with me.

 

So thanks Andy for all your help on this one but I dont think I can possibly go anywhere with this:sad:

 

Cheers

Loobie

 

 

You must do what you feel comfortable with Loobie....but just bear in mind attaching recreated documents to WS are of no use with regards to evidence or enforcement...recreated documents can only be used on the giving of information as in a CCA request and ideally only for agreements post 2007.

 

 

Anyone can recreate documents from data whether it would be accepted as evidence in support is another question.

 

Regards

 

Andy

[AndyOrch]

oh just a quick one Ive got home to another application for summary judgement for the loan claim - this one I am going to fight as the cca is totally illegible so will post more when I get the ws.

 

Loobie

 

Again you will need a copy of the N244 application and the Witness Statement in support of.

 

 

 

Andy

[loobie79]

You must do what you feel comfortable with Loobie....but just bear in mind attaching recreated documents to WS are of no use with regards to evidence or enforcement...recreated documents can only be used on the giving of information as in a CCA request and ideally only for agreements post 2007.

 

 

Anyone can recreate documents from data whether it would be accepted as evidence in support is another question.

 

Regards

 

Andy

 

But Ive read that as long as its an enforceable agreement then basically they can do whatever else they like as far as her witness statement goes she claims the only reconstituted parts are the t&c's and the accompanying statements, so if I pursue this and the judge deems it enforceable then its just racking up more costs

 

I just wish I had found you earlier as your help has been invaluable!

 

Regards

Loobie

Edited November 3, 2013 by loobie79

[loobie79]

Again you will need a copy of the N244 application and the Witness Statement in support of.

 

 

 

Andy

 

will post up as soon as I receive

[loobie79]

As a minimum write to the court and tell them that they are now claiming contractual costs when their claim form doesn’t plead that. They will hopefully then just be lumbered with the ?100 that appears on the claim form

 

Hi All, I got some free legal advice and they have said the above as in Restons application they have said about contractual costs and I have been advised to write and point this out. Can anyone help me with what I can say - Im no good with court speak

 

Also if I dont attend can I send something to the Court telling them my income/expenditure before the summary judgement hearing

 

Loobie

[AndyOrch]

You must attend the SJ hearing otherwise its game over ...you lose.

[loobie79]

I'm going to lose anyway Andy I just don't want them to be able to claim anymore than they already have

Loobie

[AndyOrch]

Then you must attend the hearing and state what you have been told in your above post...the claim cant increase .....judgment will only be for the amount on the claim form.....they can add whatever they like anywhere else.

 

Have you prepared your WS in response to theirs for the SJ hearing?

[loobie79]

No I didn't send one as I had nothing to say in my defence, I thought they'd just get judgement and that would be that but now I've been told this about them adding contractual costs

[AndyOrch]

Just enough time to submit ( 7 days) hearing on the 21st.That is what you should submit not a letter to the court.

[loobie79]

submit what?

[AndyOrch]

A Witness Statement ...pre 7 days?