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BW Legal/Lowell Filed Witness Statement and Documents 2 days before hearing


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List of events

 

Received claim from Northampton CC

 

Acknowledged service

 

Sent CCA request to Lowell and CPR 31/14 to BW Legal

 

Reminder sent to both after 14 days

 

Embarrassed defence submitted as could not reply to particulars without agreement, DN and NOA.

 

Directions sent out for witness statements no later than 14 days before hearing

 

I filed my witness statement to court with 15 days to go

 

2 days before the hearing I now get claimant witness statement with copy of agreement and NOA attached but no DN

 

What can I do from here?

 

I am surely prejudiced by this as I am unable to defend it now,

plus also the directions stated if docs and statement were not filed outside of 14 days then they would be disregarded.

 

Also the agreement looks very dodgy and looks reconstituted,

it was taken out in May 2006 so it must be the original surely?

 

 

Plus also some particulars are missing from it such as their signature and also a credit limit?

 

How do I proceed from here as the hearing is this Wednesday.

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embarrassed defences went out the windows long ago for these types of cases

 

 

if the CCA is a recon and thus does not have YOUR sig on it

they are on very dodgy ground.

 

 

dx

.......

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It does have my signature on but that and the rest of my personal details have been lifted from the application form and pasted on to it, you can tell as certain info is on the agreement that is only needed on the application form phone number etc...

 

I am more concerned that they provided the WS with only 2 days to the trial, so I am unable to defend on the strength of their argument

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someone will pop in later

 

 

I really do hope they've not falsified that CCA return.........

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you can scan it up if you wish?

 

 

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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" I am more concerned that they provided the WS with only 2 days to the trial, so I am unable to defend on the strength of their argument "

 

Then you must object at trial and state that it is inadmissible...the claimant has failed to comply with the directions and that sanctions should be imposed pursuent to CPR r.3.4(2)© and CPR r.1.1(2)(f) .Should the Court disagree and allow its submission you must state that you have not had chance to consider it in detail and are therefore disadvantaged/ambushed at the last day.

 

They cant rely on a recon it must be the original.

 

Regards

 

Andy

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Judge listened to my case and agreed I was disadvantaged to defend my claim and has granted me 28 days to submit a defence and new WS.

 

This was exactly what I wanted, it surprise me however that she also awarded me costs.

 

Thanks for the advice, I need to get my defence straight now.

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This is great news both the extra time and the costs :)

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ok so lets see the agreement please

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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