Carter - claimform - old Ambrose Wilson JDW Cat 'debt'***Claim Dismissed***

[dx100uk]

its totally wrong

this could be fun in court andy?

 

 

dx

[mashmallow]

I am going to tell the judge exactly that tomorrow let you guys know the outcome.

 

Thanks for your help

 

Think you are special people (Happy Christmas)

 

Mashmallow

[AndyOrch]

The statement made is based on an agreement that has no connection with the claim...therefore their evidence is invalid and flawed.

Ask the court to force them to disclose the correct agreement or strike the claim out and stop wasting courts time.

 

Andy

[mashmallow]

Andy,

 

I pointed the paragraph to the judge re the HBSO and even he said something is not right when the debt was with AW/JD he has given me a further court date and I have to do statement requiring further evidence of HBSO as it did not read right?????

 

Maybe you could assist me with this as I am not very good at stating my case,

 

Thanks

 

Mashmalow

[AndyOrch]

Sounds like this judge is on the ball......considering they have submitted the wrong agreement:roll:

 

Why do you have to do a statement ...surely they have to resubmit a fresh statement and a copy of the correct agreement?

[mashmallow]

Andy,

 

I will have to wait for further correspondence from the court and then maybe submit a defence again not sure about all this, I will keep you posted.

 

Once again Have a Good One and all the best to you and DX for helping me so far.

 

XXXXXX

 

Mashmallow

[mashmallow]

Andy,

 

Just received a general form of judgment order from the court stating that parties do file and serve witness statement together with copies of relevant document by 30th Jan 2015.

 

I know I have to file a witness statement and send relevant documents, please could you tell me what I send and what I should put down as my witness statement. I would be very grateful for your time in this matter.

 

Kind regards,

 

Mashmallow

 

 

Happy 2015

[AndyOrch]

Just adapt your defence into the Witness Statement...add the events from your hearing...state that the claimant has produced an agreement that has no connection with their claim,,,very little you can state in reality since your defence.

 

As for disclosure you just disclose your CPR and CCA requests and responses.

 

I doubt very much that the claimant will respond or disclose...so expect a Notice of Discontinuance before the 30th

 

Regards

 

Andy

[mashmallow]

Andy, I have done a witness statement please would you be kind enough to just have a quick look and let me know if it is OK?

 

Regards

 

Mashmallow

[AndyOrch]

Requires a little more work Mash...start by stating who you are and that this is your witness statement as litigant and you will state as follows.......Begin with the claimant issuing a claim dated xxxx for an the alleged debt and then move into the requests you have made CPR/CCA and their responses...then into the hearing and what they produced and what the Judge as stated should be done and disclosed by xxxxxxx.

 

I would go as far as stating that they failed to comply with these directions (I doubt very much they will be able to by the time you submit this WS) and then conclude until such time the claimant can disclose the true agreement in connection with the debt that the court should dismiss this claim and award fixed costs to you the defendant.

 

You must finish a WS with the paragraph " I believe that the contents of this statement are true to the best of my knowledge and belief "

 

Have another go and Ill give it the once over.

 

Regards

 

Andy

[mashmallow]

You are a shining star thanks to the above for people like you

 

regards,

 

Mashmallow

[mashmallow]

Andy,

 

Here is the amended one I hope it is a bit more representable.

 

I await to hear from you

 

Regards

 

Mashmallow

 

Andy sorry for the previous it is the wrong attachment, computer is playing up I will try again.

 

Thanks

 

 

Mashmallow

[AndyOrch]

Very good:thumb:

[mashmallow]

Thanks,

 

Andy will copy and send one to curt and one to BC, they have to pay £80 upfront by the 28th also????

 

Keep in touch

 

Regards,

 

Mashmallow

[mashmallow]

Andy,

 

Just one last thing do I send copy of my witness statement with other paperwork to BC?

 

Many thanks

 

Mashmllow

[AndyOrch]

Yes and they should recipricate

[mashmallow]

Thanks

 

 

I will keep in touch - many many thanks Andy

 

 

Mashmallow

[mashmallow]

Andy

 

They have now sent their statement please could I scan it in for you to look at, they are persistent to win.

 

No mention of HBSO

 

thanks

 

Maswhmallow

[AndyOrch]

Please do mash...redact anything identifiable.

[mashmallow]

Andy,

 

Sorry for the delay in attaching, I await your comments

 

Thanks

 

Mashmallow

[AndyOrch]

Original date of account opening was 26/3/07 for the amount of £484.00

 

Hi Mash

 

You will note that they conveniently forget to refer to the date of the agreement within their witness statement ...the reason being that as this is a pre April 2007 a reconstituted version can not be relied upon for enforcement purposes...only in responding to a section 77/78 request...therefore their witness statement is flawed.

 

Did you not enclose payment of the statuary £1.00 payment?

 

Andy

[mashmallow]

No Andy I forgot - am I in trouble?

 

Mashmallow

[mashmallow]

Andy,

 

Please let me now have I messed up?

 

Thanks

 

Mashmallow

[AndyOrch]

Not really because they have complied anyway...even though its not valid:wink:

[mashmallow]

Andy,

 

 

Court date is nearing shall I just tell the Judge what you have told me and hopefully it will get thrown out???? Please let me know, panicking a bit.

 

 

Thanks

 

 

 

 

Mashmallow