wow will look into the points you raise now. I didn't know that about the paralegal. The last two times ( lowell and the parking fine for my friend) they just had a local solicitor representing the company certainly not the person who made out the witness statement.
win or lose defaults/credit files are nothing to do with courts.
your lowells WS was very good and this one just a bit too sparse on what you are trying to say
IMHO too many points just listing a diary even of this or that happening.
might pay you to slightly change it and use yours to rip theirs apart.
like say point 4...load of ole waffle trying to hide the fact that the CCA hasn't come from Barclaycard at all but from their filing cabinet and is a cut n paste jobbie.
im also a bit sceptical about the default notice and IS it a copy, there a mailmerge line above the address box and it just doesn't look right.
check the balance at that date ib their statements, does it match £36??
I also don't like their points 9/10/22 relating to it.
they quote 2 sets of page numbers referring to where in the bundle its located?
21 don't forget to rebuff carey as not applicable
lastly. I believe that paralegal must be in court so they can be cross examined by you and answer questions? else it can't be referred too?
I've done some work to the section I'll paste below. (obviously the section numbers will change) These points are all supported by EXHIBIT A1 which I will attach here.
ENTRANCE TO CAR PARK
1. On [DATE] the defendant visited Pizza Hut with a party of friends. The defendant was not the driver of the vehicle. The vehicle travelled along North Ormesby Road, turned right onto Woodside Street and sharp left into the parking area in front of Pizza Hut. This is the most obvious and direct route to Pizza Hut. See Exhibit A1 for details.
2. There were no signs pertaining to the claims of the claimant visible to the driver of the vehicle on the route set out in Exhibit A1
3. Taking the route laid out in Exhibit A1 clearly results in the act of “parking”. It must therefore follow that the vehicle has “entered” the car park. This entrance must be located either at the point of leaving North Ormesby Road and entering Woodland Street or else it is at the point of leaving Woodlands Street and entering the parking area.
4. These two possible locations of the entrance are shown in Exhibit A1. Whichever is the case neither location has a sign at the entrance to the car park. It is therefore not possible that the defendant entered into a contract with the claimant.
5. Neither location that may be considered the “entrance” to the car park bears a sign erected by the claimant.
6. There were no signs erected by the claimant visible to pedestrians as the party left the vehicle and entered Pizza Hut.
Just a quick update.
Erudio Student Loans returned my £1 postal order that I had sent them for the CCA request. They sent a letter saying "Thank you for your correspondence but your account has been terminated and is now with Dryden's Fairfax Solicitors."
Dryden's sent me a letter regarding the CPR saying that they are waiting for documentation from their client, and offering me a further 28 day extension to file my defence (I've already filed it - don't worry!)
Dryden's then sent another letter acknowledging my defence and saying they would seek their client's instructions.
I've not attached the letters as they seem fairly standard - but I can do if you want me to.
Shocking pictures reveal ‘disgusting’ conditions inside Hermes depot where workers ‘feel like slaves’. Read more at https://www.consumeractiongroup.co.uk/topic/419726-shocking-pictures-reveal-%E2%80%98disgusting%E2%80%99-conditions-inside-hermes-depot-where-workers-%E2%80%98feel-like-slaves%E2%80%99/
Euro Car Parks issued this ticket to the police in Devon and Cornwall. Read more at https://www.consumeractiongroup.co.uk/topic/419522-can-anyone-identify-the-parking-company-which-issued-this-ticket-to-the-police-in-devon-and-cornwall/