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    • We need to see the actual document from the IAS where it is written - "The Operator's evidence shows no payment for the Appellant's vehicle, or anything similar. It does show two payments for the same registration in quick succession. I would take a reasonable guess, based on the circumstances described, that the person paying has paid for the registration of the person they assisted again." You can't just type it up yourself. At the hearing in July or August or whenever the judge will have two Witness Statements. One from Bank's director says you never made a second appeal. You say you did make a second appeal and the IAS concluded that payment was made. The judge will immediately twig that either you or the director is lying.  But who? Fail to show the documentation form the IAS and instead just produce something you've typed yourself will make it look like you just made up the appeal and you are lying and you will lose the case. Please let us see what the IAS adjudicator sent.
    • I used to have a retail outlet in London selling my husband's photography.  We also had a co-op with staff so they weren't directly employed by me, but I paid for the other overheads etc.  When my husband died, I carried on as usual for a while but then I became ill and moved quite far away so logistically was becoming very difficult.  I came to an arrangement (verbal) with one of the guys I trusted, that I would send him the images to print and sell as normal, and I wouldn't take any money, as a short term solution until I got back on my feet and worked out the best way to do things. He would pay all the  rent, insurance etc... Over a year later, not able to give things away for free anymore,  I drew up a contract as a wholesale agreement, so I would get everything printed and sent to him and I would invoice his for what he ordered. I noticed form the beginning that he wasn't ordering enough or frequently enough to be making any money, and was suspicious he was doing his own orders on the sly and ordering just enough from me to keep my happy.  I checked with my printer, which I've been with for 20 years, and he sad he wasn't getting orders for my images from anyone else. I emailed a few other printers to ask them to keep a look out for some images but I soon realised this would be impossible to police.  The only option really would be to buy a print from him and check the stamp on the back of it.  I finally managed to get hold of on the prints on sale, and sure enough, he did not order it through me.   In the contract he signed in 2022 it explicitly states that he must destroy all files I had previously sent him etc etc so e is in breach of that.  When I drew up the contract, I was careful to make sure it was legally binding, but before I let rip at him, I need to know where I stand.  The contract is here: PARTIES This WHOLESALE AGREEMENT (“Agreement”) is made effective as of 30th June, 2022, by and between ############################## The Supplier and the Client, collectively referred to as the "Parties," hereby agree to the following terms: TERMS AND CONDITIONS SALES OF GOODS The Supplier agrees to provide the following goods to the Client (“Goods”): Description of Goods ################################# Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b BOTH PARTIES AGREE: The Client purchases the Goods through the Supplier directly, and agrees to delete/destroy any previously held digital images (Goods) owned by the Supplier, and agrees not to use any such files for monetary gain, outside of this agreement, either directly or through a third party from immediate effect of this agreement. The Client purchases the other materials necessary for resale of the Goods independently of this agreement. The Client shall have exclusive rights for resale of Goods at ###########, and also with permission, as a retailer of the Goods elsewhere, provided that there is no conflict of interest between the Supplier and the Client. The Client is free to decide their own retail prices, for the Goods. The Supplier shall use #####  to provide the printed Goods on Fujifilm Crystal Archive paper, with Lustre finish, and will not use any other Printer unless #### cease to trade, without prior approval from the Client. The Supplier shall not impose restrictions on size or frequency of orders made by the Client. The prices provided by the Supplier shall not increase for a minimum of 3 years, unless the prices of the raw materials rise, in which case the client will be informed immediately. Any discounts/promotional prices of raw materials shall be passed on to the Client by the Supplier, and the invoice will show adjustments for this, as well as credit for return postage of any damaged goods. This agreement can be terminated by the Client without notice; the Supplier must give notice of no less than 90 days, unless the terms of the agreement are breached, in which case, the agreement can be terminated with immediate effect. PAYMENT Orders must be paid for upon receipt of invoice, via Bank transfer: ######### Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b DELIVERY AND INSPECTIONS All orders received by 12.00am (midnight) shall be processed by the Supplier the following working day and delivery of order shall arrive in accordance with the Royal Mail schedule, or DPD, should express delivery be requested. The Client shall be liable for the delivery charge which shall be added to the invoice. The Goods will be delivered to the address specified by the Client. The Client shall be provided with order tracking, and should any problems arise with the ordering system or the couriers (Royal Mail, DPD), the Client shall be informed without delay of any such issues. The Client will inspect the Goods and report any defects or damage to the Goods in transit as soon as possible upon receipt of Goods, and will retain damaged Goods for return to Supplier for refund/replacement. GENERAL PROVISIONS CONFIDENTIALITY The prices of the Goods and other information contained in this Agreement is confidential and will not be disclosed by either party unless with prior written consent of the other party. INDEMNIFICATION The Client indemnifies the Supplier from any claims, liabilities, and expenses made by any third party vendors or customers of the Client. GOVERNING LAW This Agreement will be governed by and construed in accordance with UK Law. ACCEPTANCE Both parties understand and accept the wholesale arrangement stipulated under this Agreement. Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b IN WITNESS WHEREOF, each of the Parties has executed this Wholesale Agreement as of the day and year set forth above.   Signed by us both electronically.   I haven't broached any of this yet, and I am looking for some advice about what action to take.  The main issue I've got is that he has still go those images.  If I terminate the contract, I will need to know that he no longer has those images and I can't think of a bulletproof way to do this. I'm thinking I might tell him I will continue with the contract but ask for a  sum in damages and say that if I find out he's still doing it down the line I will terminate the contract and sue him for damages. The damages side of things I'm not sure how it would work as he is self employed, and I'm positive he doesn't declare all of his earnings to HMRC, in order to find out how much I have lost, would the court demand to go through his tax self assessments?  I'm not sure how to proceed with this, I don't want to lose that place as an outlet as it is in a prime spot in London, which is why I let him have those images in the first place as I would have had to pull out altogether at that point.  I am regretting it somewhat now though.  Please help.
    • I cannot locate anything in my paper work that states 2 payments were made? Perhaps you could point this out? In reply from IAS it states "The ticketing data has been attached" nothing was sent to me. I made a response to the IAS all this was done online
    • Thanks again for your responses. The concern I have here, is that freeholder of the land (a company, who presumably would have been the ones to have initially instructed PPM to manage the parking here), will have proof of exactly how long the vehicle was on site for, as the driver was meeting operatives from that company on a separate matter. On this basis, if the matter was to get to court, I feel all the other technicalities about signage, size of signage/font, lack of start/finish times, will not be enough to have any case dropped? This PCN was brought up to the freeholder but they have advised that PPM will not waive this charge. 
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1st Credit Claimform - Halifax credit card ***Settlement agreed /Claim Struck Out ***


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I think it would be prudent to add a paragraph re the Default /Termination.

 

Why do you have to hand write ?

 

Andy

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I'm only hand writing the page numbers on the documents to be used for evidence, as I don't have anyway to type up numbers on photocopied pages.

 

The default notice as per page x does not comply with section 88 of the consumer credit act. further to this as per pages x to x of statements enclosed by the claimant it is evident that unlawful charges and interest continued to be added to the account after it had been terminated.

 

Andy, do you think the above is sufficient? Also do you think the draft WS including this paragraph would be ok?

 

Any further suggestions would be much appreciated

 

Many thanks

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Ah I see ...the exhibits...yes its fine to hand write page numbers...kust make sure they connect to your exhibit reference within the main body of your witness statement.

 

" The default notice as per page x does not comply with section 88 of the consumer credit act. (you need to state why and what the deficiencies are) further to this as per pages x to x of statements enclosed by the claimant it is evident that unlawful charges and interest continued to be added to the account after it had been terminated."

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Final, final draft, if someone I could get tyhe once over on this that would be amazing, also, if I refer to an exhibit which is enclosed my bundle, however was originally provided by the claimant for example a statement, and is therefore referred to as " I refer to the statement enclosed by the claimant" Do I refer to their page x or my own page x?

 

 

 

Many thanks in advance

 

 

 

IN THE COUNTY COURT AT CLAIM NO xxxxx

 

BETWEEN

1st CREDIT (FINANCE) LIMITED

and

xxxx xxxx

 

Witness Statement of xxxx xxxx

I xxxx xxxx, of xxxxxxxxxxxxxxxx, the defendant will state as follows:

1.The claimant claims that it has now supplied me with the relevant documentation required and complied with its duty under section 78 of the consumer credit act 1974. In doing so, the claimant relies on the document attached at page X to which the claimant refers to as the signed agreement.

2.I refer to the text at the top of this document, titled “Credit Card Application”. I further draw your attention, to the legibility of this application. I refer to section 61(1) of the consumer credit act “ A regulated agreement is not properly executed unless:

a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and the document embodies all the terms of the agreement other then implied terms and the document is when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible”.

3. The document which the claimant relies upon to bring enforcement action does not contain the required terms under the consumer credit agreements, and consequently is unenforceable.

4. I further request the claimant to evidence where in the document it meets the requirement under section 65(1) of the consumer credit Act 1974 “A term stating the credit limit or the manner in which it will be determined or that there is no credit limit”.

5. In so making its claim the claimant refers to Carey v HSBC Bank plc in that it has supplied the defendant with true copies of the credit agreement, I refer to point x of page x of the terms and conditions attached to the application form which the claimant claims was signed on xx/xx/2002

“ What happens if you break the agreement

If you or an additional cardholder break the agreement we will charge you for any losses… you must also pay the following account maintenance fees £20.00 if you do not make the minimum payment by the due date, £20.00 if your account balance is over the credit limit, £20.00 each time a direct debit, cheque, or other item is not paid when presented for payment.”

6. I refer to page x of the enclosed statements as part of the claimants claim; titled statement date xx/xx/2006. In particular I refer to the late fee dated xx/xx/2006 for the amount of £25.00, and also on page x a further late fee of £25.00 dated xx/xx/2006.

7. I refer to page x of the claimants witness statement in particular point x “ A copy of the signed agreement is at page x and the terms and conditions applicable at the time are at pages x to x.”

8. It is my view that the claimant is unable to provide a copy of the terms and conditions at the time it claims this account was opened. I refer to judge Waksman judgement in Carey v HSBC, paragraph 234(4) “If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms”.

9 .On xx/xx/xx the claimant filed a claim for summary judgement, following representation of my witness statement, the claimant wrote to me advising me that in light of my evidence it would withdraw its application for summary judgement, I refer to page x. On xx/xx/xx I received a letter from Romford County Court advising me the claim had been allocated to the small claims track, and that a hearing had infact taken place on xx/xx/xx before district judge xxxxxx, and therefore highlighting my failure to attend the hearing, despite being given notice.

10. The claimant also contends that it had mistraced an address to which it claims, all notices of assignment were posted, and that this has now been rectified, I refer to the claimants witness statement for summary judgement from pages xx to xx. The address to which the letters are addressed, clearly different to the address to which this claim relates, and to which the claimant claims “remains the defendants current address”.

11. It is denied that notices of assignment were ever received.

12 . I refer to page x of the claimants witness statement in support of summary judgement, and highlight the date at which the claimant claims the account was opened, as this is clearly different to the date quoted in this witness statement.

13. The default notice attached at page x, does not comply with section 88 of the consumer credit act 1974, as it does not give 14 clear days, before the account is terminated, I refer to section 88 (2) of the consumer credit act 1974

“ A date specified under subsection (1) must not be less then 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87 (1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed”.

14. Unlawful, charges and interest continued to be added to the account after it had been terminated, I refer to pages x and x of the enclosed statements by the claimant.

15. To date the claimant has failed to provide a valid agreement, therefore, with the courts permission, the claimant is put to strict proof:

A. Show and disclose how the defendant has entered into an agreement

B. Show and disclose how the claimant has reached the amount claimed for

C. Show and disclose how the claimant is entitled to any of the amount and costs it is claiming.

 

Statement of Truth

The defendant believes that the facts stated in this defence are true

 

Signed

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The final, final, final draft, which I need to post today, to reach the court and the claimant today somehow, otheriwse I risk the claim being struck out? If I could get the once over on this befire posting, that would be fantastic.Also just to confirm, the debt does not become statute barred if a claim has been issued before the date it is due to become statute barred? For example, this debt would have been statute barred as of feb 2015, however MCOL claim, was issued in 11/2014.

 

 

 

IN THE COUNTY COURT AT CLAIM NO XXXXX

 

BETWEEN

1st CREDIT (FINANCE) LIMITED

and

XXXX XXXX

 

Witness Statement of XXXX XXXX

I xxxx xxxx, of xxxxxxxxxxxx, the defendant will state as follows:

1.The claimant claims that it has now supplied me with the relevant documentation required and complied with its duty under section 78 of the consumer credit act 1974. In doing so, the claimant relies on the document attached at page1. to which the claimant refers to as the signed agreement.

 

 

2.I refer to the text at the top of this document, titled “Credit Card Application”. I further draw your attention, to the legibility of this application. I refer to section 61(1) of the consumer credit act “ A regulated agreement is not properly executed unless:

 

 

a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and the document embodies all the terms of the agreement other then implied terms and the document is when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible”.

 

 

3. The document which the claimant relies upon to bring enforcement action does not contain the required terms under the consumer credit agreements, and consequently is unenforceable.

 

 

4. I further request the claimant to evidence where in the document it meets the requirement under section 65(1) of the consumer credit Act 1974 “A term stating the credit limit or the manner in which it will be determined or that there is no credit limit”.

 

 

5. In so making its claim the claimant refers to Carey v HSBC Bank plc in that it has supplied the defendant with true copies of the credit agreement, I refer to point x of page x of the terms and conditions attached to the application form which the claimant claims was signed on xx/xx/2002

 

“ What happens if you break the agreement

If you or an additional cardholder break the agreement we will charge you for any losses… you must also pay the following account maintenance fees £20.00 if you do not make the minimum payment by the due date, £20.00 if your account balance is over the credit limit, £20.00 each time a direct debit, cheque, or other item is not paid when presented for payment.”

 

 

6. I refer to page x of the enclosed statements as part of the claimants claim; titled statement date xx/xx/2006. In particular I refer to the late fee dated xx/xx/2006 for the amount of £25.00, and also on page x a further late fee of £25.00 dated xx/xx/2006.

 

 

7. I refer to page x of the claimants witness statement in particular point x “ A copy of the signed agreement is at page x and the terms and conditions applicable at the time are at pages x to x.”

 

 

8. It is my view that the claimant is unable to provide a copy of the terms and conditions at the time it claims this account was opened. I refer to judge Waksman judgement in Carey v HSBC, paragraph 234(4) “If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms”.

 

 

9 .On xx/xx/xx the claimant filed a claim for summary judgement, the witness statement for which is enclosed, pages x to x. Following representation of my witness statement, the claimant wrote to me advising me that in light of my evidence it would withdraw its application for summary judgement, I refer to page x. On xx/xx/xx I received a letter from Romford County Court advising me the claim had been allocated to the small claims track, and that a hearing had infact taken place on xx/xx/xx before district judge xxxxxx, and therefore highlighting my failure to attend the hearing, despite being given notice (page x).

 

 

10. The claimant also contends that it had mistraced an address to which it claims, all notices of assignment were posted, and that this has now been rectified, I refer to the claimants witness statement for summary judgement from pages xx to xx. The address to which the letters are addressed (page x to x) clearly different to the address to which this claim relates, and to which the claimant claims “remains the defendants current address”. (Page x).

 

 

11. It is denied that notices of assignment were ever received.

 

 

12 . I refer to page x of the claimants witness statement in support of summary judgement, and highlight the date at which the claimant claims the account was opened, as this is clearly different to the date quoted in this witness statement.

 

 

13. The default notice attached at page x, does not comply with section 88 of the consumer credit act 1974, as it does not give 14 clear days, before the account is terminated, I refer to section 88 (2) of the consumer credit act 1974

 

“ A date specified under subsection (1) must not be less then 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87 (1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed”.

 

 

14. Unlawful, charges and interest continued to be added to the account after it had been terminated, I refer to pages x and x of the enclosed statements by the claimant.

 

 

15. Infact, it is my belief that the claimant, was not in receipt, of the default notice, prior to my furnishing, this as an exhibit as part of my witness statement, as at page x , the claimant encloses a screenshot, with names and amounts blanked out, and only produces any default notice after the defendant furnished it as part of her witness statement,

 

 

16. To date the claimant has failed to provide a valid agreement, therefore, with the courts permission, the claimant is put to strict proof:

 

 

A. Show and disclose how the defendant has entered into an agreement

B. Show and disclose how the claimant has reached the amount claimed for

C. Show and disclose how the claimant is entitled to any of the amount and costs it is claiming.

 

Statement of Truth

The defendant believes that the facts stated in this defence are true

 

Signed

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" C. Show and disclose how the claimant is entitled to any of the amount and costs it is claiming."

 

Costs as in issuing the claim...claim costs?

 

Have a look at the WS int the thread below also Stressed.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439434-MKdp-llp-claimform-old-barclaycard-debt/page3

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Any of the money the claimant is claiming and the costs it is claiming

 

Do I need to include a background to the claim section? If I do this do I need to include the original defence etc? Also is it recommended to include my WS that I used for summary judgement?

 

Many thanks

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Any of the money the claimant is claiming and the costs it is claiming Yes I understand the amount claimed...but costs are yet to be decided and only if they win so why ask them to show and disclose?

 

Do I need to include a background to the claim section? No If I do this do I need to include the original defence etc? No Also is it recommended to include my WS that I used for summary judgement? No

 

Many thanks

 

Andy

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IN THE COUNTY COURT AT XXXX CLAIM NO XXXXX

 

BETWEEN

1st CREDIT (FINANCE) LIMITED

and

 

Witness Statement of xxxx

I xxxxxx, xxxxx the defendant will state as follows:

1.The claimant claims that it has now supplied me with the relevant documentation required and complied with its duty under section 78 of the consumer credit act 1974. In doing so, the claimant relies on the document attached at page. to which the claimant refers to as the signed agreement, in order to bring enforcement action against the defendant.

 

 

 

2.I refer to the text at the top of this document, titled “Credit Card Application”, and draw your attention to the date of the said agreement xx/xx/2002, therefore placing the agreement in the pre April 2007 category. Section 127 (3) Consumer Credit Act 1974 “ The court shall not make an enforcement order under section 65(1) if section 61 (1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section (60) (1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

3. I further draw your attention, to the legibility of this application. I refer to section 61(1) of the consumer credit act “ A regulated agreement is not properly executed unless:

a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and the document embodies all the terms of the agreement other then implied terms and the document is when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible”.

 

4. The document which the claimant relies upon to bring enforcement action does not contain the required terms under the consumer credit agreements, and consequently is unenforceable.

 

 

5. In so making its claim the claimant refers to Carey v HSBC Bank plc in that it has supplied the defendant with true copies of the credit agreement, I refer to point on pages and of the terms and conditions sheet attached to the application form which the claimant claims was signed on xx/xx/2002

“ What happens if you break the agreement

If you or an additional cardholder break the agreement we will charge you for any losses… you must also pay the following account maintenance fees £20.00 if you do not make the minimum payment by the due date, £20.00 if your account balance is over the credit limit, £20.00 each time a direct debit, cheque, or other item is not paid when presented for payment.”

6. I refer to page of the enclosed statements as part of the claimants claim; titled statement date xx/xx/2006. In particular I refer to the late fee dated xx/xx/2006 for the amount of £25.00, and also on page a further late fee of £25.00 dated xx/xx/2006.

7. I refer to page of the claimants witness statement (For the avoidance of doubt this is page of the defendants exhibits) in particular point . “ A copy of the signed agreement is at page 1 and the terms and conditions applicable at the time are at pages 2 to 6.”

8. It is my view that the claimant is unable to provide a copy of the terms and conditions at the time it claims this account was opened. I refer to judge Waksman judgement in Carey v HSBC, paragraph 234(4) “If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms”.

9 .On xx/xx/2014 the claimant filed a claim for summary judgement, a hearing date for which was allocated on xx/xx/2014. The claimants witness statement for summary judgement is enclosed, pages to . Following representation of my witness statement, the claimant wrote to me advising me that in light of my evidence it would withdraw its application for summary judgement, I refer to page xx. On xx/xx/2014 I received a letter from Romford County Court advising me the claim had been allocated to the small claims track, and that a hearing had infact taken place on xx/xx/2014 before District Judge Dodsworth sitting at 2a Oaklands Avenue Romford Essex (Page ), and therefore highlighting my failure to attend the hearing, despite being given notice (Page 39). I can only conclude that this was a deliberate attempt in deceiving me to believe, that a hearing would not take place.

10. The claimant also contends that it had mistraced an address to which it claims, all notices of assignment were posted, and that this has now been rectified. I refer to the claimants witness statement for summary judgement from pages to . The address to which the letters are addressed (pages to ) clearly different to the address to which this claim relates, and to which the claimant claims “remains the defendants current address”. (Page ). May I confirm, that this has never been my address.

11. It is denied that notices of assignment were ever received.

12 . I refer to page which is page 2 of the claimants witness statement in support of summary judgement, and highlight the date at which the claimant claims the account was opened,(xx/xx/2001) as this is clearly different to the date quoted by the claimant in the current witness statement.

13. The default notice attached at page , does not comply with section 88 of the consumer credit act 1974, as it does not give 14 clear days, before the account is terminated, I refer to section 88 (2) of the consumer credit act 1974

“ A date specified under subsection (1) must not be less then 14 days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87 (1) before the date so specified or (if no requirement is made under subsection (1)) before those 14 days have elapsed”.

14. Unlawful, charges and interest continued to be added to the account after it had been terminated, I refer to pages x and x of the enclosed statements by the claimant.

15. Infact, it is my belief that the claimant, was not in receipt, of the default notice, prior to my furnishing, this as an exhibit as part of my witness statement, as at pages to , the claimant encloses a screenshot, with names and amounts blanked out, and only produces any default notice after the defendant furnished it as part of her witness statement,

16. To date the claimant has failed to provide a valid agreement, and has demonstrated gross inconsistencies in submission of its paperwork by way of evidence, therefore, with the courts permission, the claimant is put to strict proof:

A. Show and disclose how the defendant has entered into an agreement

B. Show and disclose how the claimant has reached the amount claimed for

C.

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Is it appropriate in my case to request the claim be struck out based on inconsistent filing of evidence by claimant?

 

The above is my final draft, just need a final opinion, before it is bound and sent of special delivery today.

 

This will now reach the court and claimant one day late! Im really worrried!!! Whats the worst case scenario? In court on 24/07

 

Many Thanks for all your help

 

Not feeling confident at all, just need the once over before I send this off today, many thanks

 

Ok, off to send, just for clarification, part C I have added, show how the claimant,. has a legal right to issue a claim under equity or statute

 

Sent. Fingers crossed and hoping and praying.

Do u need to amend my defence which was submitted to MCOL?

Also, didn't include anything about claiming costs, have to take day off work to go to the hearing is this worth mentioning at the hearing even though it's not included in WS?

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Well its gone now Stressed so little point...not that I have anything to add...except please tell me it didn't finish at......

 

 

A. Show and disclose how the defendant has entered into an agreement

B. Show and disclose how the claimant has reached the amount claimed for

C.

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And finished with your Statement of Truth and dated?

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Hi can anyone please advise if I need to amend my defence?

The only defence I have submitted is online, the says the claimants poc are cafe abd generic in nature (I believe it's one of Andys templates).

 

Also, feeling extremely nervous about this as day is getting closer, I absolutely can not afford to have a CCJ against my name under any circumstances, therefore if the claimant wins the case, can I dispute the fact that the account is made up of unlawful charges and PPI? This adds to over half the balance on the account.

 

 

Thank you

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No you shouldn't nor need to amend your defence.....

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  • 2 weeks later...

In court in a few days time with this one, and last minute nerves have kicked in, what do I do if the judge asks whether it's my signature on the application form? Do I go to the court in formal business dress?

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Makes no odds if it is your signature...if the agreement is deficient of the prescribed terms...just dress smart Stressed.....and calm down..hold your nerve and be confident...you will be fine.

 

Andy

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Had the hearing for this case this am, to which the claimants rep also attended.

Exchanged a few words the rep before being ushered into the court,

to the effect of, neither party had anything further to add by way of evidence,

and that we had each read the others WS so knew what to expect.....

 

After being ushered into the court, the judge began by grilling the claimants representative on notices of assignment,

as it appeared the debt had been assigned to several different companies,

 

 

there was one in particular the judge highlighted and queried whom the company was, (CAI finance),

and where the hell it had come from,

the claimants rep went onto advise the debt was assigned to CAI and then re-assigned to first credit,

 

 

at which point the judge queried the date at which this happened as it initially appeared the claim had been issued under the incorrect trading name

(the claimants rep was squirming at this point),

 

 

however after much flicking through the paperwork, he was able to locate the notice of re-assignement, back to first credit,

and the judge was satisfied the claim had infact been issued under the correct name.

 

The judge then went on to the issue with the addresses,

as the claimant had previously sent all notices of assignment to an address which is not mine,

and referred to this in the WS for their summary judgement,

 

 

however the claimant was quick to point out that they had mis-traced an address and that this was rectified at a later date,

and that notices had been served at the correct address,

 

 

I mentioned that I do not recall ever receiving notices at my current address,

however the judge said this was irrelevant as the law states that as long as notices have been served to the correct address

it makes no odds, as to whether i recieved them or not?? Needless to say that I was baffled by this.

 

Moving on, the judge asked me to confirm my current address, which I did,

he then looked at the application form (which the judge referred to as the agreement)

and checked that this address was the same as my current,

and asked if it was my signature, which I confirmed.

 

 

He then went on to ask me, if I had taken out a credit card with Halifax, now or in the past, to which I said yes.

I then highlighted that I was not denying, that I had taken out credit,

rather I was disputing how the claimant is able to bring enforcement action against me

based on the documents it is relying on, as the application and terms and conditions do not correspond,

 

 

I highlighted that late charges which appear on the statement do not correspond to those in the T and C supplied,

to which the claimant was quick to point out a clause in the T and C stating the creditor reserved the right to vary the amount of charges.

 

 

The judge seemed to agree with this, or at least he didn't disagree,

however, he seemed not to give a toss about prescribed terms etc,

as he said that I had no defence if I was arguing that the claimant did not have a valid agreement,

as it was evident that I had a credit card, and I had used it to obtain credit.

 

None the less, he said he would be chrystalising the amount claimed as per the default notice, as it was defective,

and the claimant had no right to anything above that amount.

 

 

I felt gutted at this point, as throughout, I felt like a bystander, while the claimant and the judge exchanged legal talk

which seemed to be going over my head, needless to say though the judge would stop every now

and then to make sure I was clear on what was happening. I

 

 

did at this point want to request the amount be lowered to the arrears outstanding on the default notice

and not the balance outstanding (as I had read on here sometime ago that there is a clause to this effect???)

However, as I had no idea which law/statute/act to quote for this,

I kept my mouth shut so as to save myself the embarasssment.

 

In conclusion, the judge was very sympathetic, and said that he could understand my confusion in all this as he himself was confused

and that he was very well read on consumer credit law.

 

 

He did say that he did not want to grant a CCJ in this case, and asked me how and I think at one point what amount I can afford to pay back,

whilst I dont recall giving an amount, (was this a lifeline offered by the judge??)

I did say that Id need atleast until the end of the next month to make payment, to which the claimant objected and said its ususaly 28 days,

however, the judge ignored him, and said fine.

 

 

In hindsght I should have stated an amount much lower??????

 

 

I found the experience overwhelming, therefore was not quick to think on my feet to say the least, and am now kicking myself.

The judge then said that IF the claim was to return to court, he would like it to come before him,

as he had read through all the paperwork, the claimant for some reason appeared to object to this,

I can only assume that this was because the judge appeared somewhat sympathetic towards me??

 

 

At one point the judge was about to issue a Tomlin Order,

however he decided that this would disadvantage the claimant should it be breached???

Instead he has ordedered that I pay the amount agreed and costs, and that he would have the claim struck out, one month later.

 

 

Once again the claimant appeared to dispute this and said its ususally three months, which the judge completely ignored.

 

All in all its bittersweet, I have to pay, but I won't have CCJ against me,

I'm not sure this counts as a win, as when I look back, I wish I had spoken up when the judge asked me

what I can afford to pay in the hope this would have reduced the amount.

 

 

But the main thing for me is, no CCJ, and that is something im grateful for,

and to be honest Im glad the whole thing is over.

 

Many thanks to Andy for all your help through this, I am eternally grateful for your time and effort.

 

Also, I completely forgot to check at the court whether I was supposed to wait around for any documents etc,

or do I just wait for them to come through the post.

I pretty much walked out as soon as the hearing was over

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Hi Stressed I would regard that as a victory...the claimant did not get judgment.The court will serve on you a General Order and summary of the courts decision.

 

Thread title amended to reflect the outcome....

 

Well done.

 

Regards

 

Andy

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