HPH2/Cohen claimforn - old Barclay card debt - Now CO Threat

[king100]

thanks

 

just waiting for help on supplemental witness statement.

[AndyOrch]

thanks

 

just waiting for help on supplemental witness statement.

 

I did try the other day until you went off on this tangent of interest which is irrelevant:-)

[king100]

only because I have 2 reconstituted agreements from them in their witness statement.

[Guest]

you've been mentioning these card interest rates 23% etc...

as posted, focus on successfully defending the principal amount claimed. then the rest wont follow (ie 'irrelevant'.)

if you do happen to get judgment against you (re the principal amount), then challenge the interest claimed.

[AndyOrch]

So why are you wandering off stating the claim is now more than 10K...ignore the contents of the 2 versions as both are irrelevant and do not even comply as a valid reconstituted version in my eyes.

 

The reason for submitting this SWS is because you was ambushed at the very death of the process...they think they have had the last word so their WS will be taken as gospel...and thats the end of the matter.

 

A short and swift statement informing the court of their lateness in an attempt disadvantage you...the fact that they are relying on 2 versions of Terms and Conditions which neither comply to the date of your agreement.

 

An agreement that is only three years old and the claimant cant produce a copy of the original executed agreement.Also throw in that a reconstituted agreement must be an exact replica of the executed agreement less the signatures.

 

Throw in that in Carey ...who was a claimant not a defendant that the judge HHJ Waksman presiding made a judgment with regards to complying with a section 77/78 request...not with regards to enforcement.

 

You must have the last word and cast doubt with regards to their witness statement...that is all its intended to do....forget interest rates and looking for deficiencies between the two...they remain in default of your section 78 request...end of.

 

 

Andy

[king100]

I being the Defendant in this case will state as follows;

 

I make this Supplemental Witness Statement further in support to my previous witness statement..

 

1.I submit this Supplemental Witness Statement due to receiving claimant sending their disclosures and witness statement late, this I fell was to disadvantage me, even though I had requested these documents, in my request, which was acknowledged on the xx/09/2016.(Cover Letter)

 

Exhibit 1. My letter requesting documents.

Exhibit 2.Letter from Robinson Way confirming request of documentation mentioned in particulars of claim dated xx/09/2016 within 14 days, of which none was produced.

 

3. In the claimants witness statement Section 3, marked "DJH1", they claim to rely on a reconstituted agreement. In fact they have produced 2 reconstituted agreements, one from 2009 and the other 2014. Neither of these match with the date as mentioned in Section 2 of their witness statement xxth March 2010 when the credit agreement was entered into. This in turn cannot be considered a true accurate version of the agreement. A reconstituted agreement must be an exact replica of the executed agreement less signatures, and the reconstituted agreements that the claimant are relying on in court are simply invalid and does not comply with the CCA 1974 in either the giving of information pursuant to the section 78 or the requirements required for enforcement under section 78.6 (b).

 

4.The claimant is relying on Carey v HSBC, in that case Carey was a claimant not a defendant and the judge HHJ Waksman made judgement with regards to complying with a section 77/78 requests and not in regards to its enforcement.Also in relation to the reconstituted agreements in the case Kotecha v Phoenix the obligation under Section 78 to supply a document which sets out the original terms, including the original terms as to interest rates.

 

As in this case the claimant has disclosed two separate reconstituted agreements with two different APRs, standard rate of 19.9% on the 2009 agreement and 23.9% of the 2014 agreement.It is therefore respectfully requested that the court consider this in view of any judgment and that neither can be relied on to be an exact copy of the executed agreement.

 

It is therefore my contention that the claimant is still in default of my section 78 request and prevented from seeking any relief.

 

STATEMENT OF TRUTH

 

The contents of my statement are true to the best of my knowledge and belief.

 

Signed

 

Dated

[Guest]

there is also that kotecha v phoenix appeal case re requiring an accurate recon. if you have time, have a read of that and see if that case can help your circs.

[AndyOrch]

I have made a few tweaks King...keep going and do look at the case that Ford refers to.

[king100]

Additional Arguments

 

In relation to the reconstituted agreements

in the case Kotecha v Phoenix the obligation under Section 78 to supply a document which sets out the original terms, including the original terms as to interest rates.

 

 

In this case the claimant has sent two separate CCA agreements with two different APRs, standard rate of 19.9% on the 2009 agreement and 23.9% of the 2014 agreement.

 

 

Which ones does the claimant which to rely on,

and which one is a true reflection of the defendants agreement.

 

 

If the claimant is supplying not one but two agreements then they themselves do not know which one is true copy.

 

on the right lines?

[king100]

ok need to send off today is the above additional ok to add in? Does it make sense?

[AndyOrch]

Check post#107 now King

 

Andy

[king100]

cheers will print and send off today.

 

I assume 1 to the court and one the sols.

[AndyOrch]

cheers will print and send off today.

 

I assume 1 to the court and one the sols.

 

Yes...dont forget the 2 case laws you refer to...ideally they should be attached as an exhibit...

[king100]

Yes...dont forget the 2 case laws you refer to...ideally they should be attached as an exhibit...

 

Best place to get the case laws from?

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2011/105.html&query=phoenix+and+kotecha&method=boolean

[AndyOrch]

Best place to get the case laws from?

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2011/105.html&query=phoenix+and+kotecha&method=boolean

 

Did Cohen not enclose the case law to Carey in their WS as an exhibit?

[king100]

Nope

[AndyOrch]

....okay if you can get a retracted version or just a synopsis of the cases that will suffice.

[king100]

like that?

 

https://www.mishcon.com/assets/managed/docs/downloads/doc_2412/BBA.pdf

[AndyOrch]

Mmmm it really requires the headers and date of the case and case number...you can keep a copy of that in your file though.

[king100]

ok so if i jusy print off the 1st page then would that suffice? Its 59 pages long.....

 

Im printing off 1st 3 then last page for summary

[AndyOrch]

ok so if i jusy print off the 1st page then would that suffice? Its 59 pages long.....

 

Im printing off 1st 3 then last page for summary

 

[king100]

Ok, all printed off and sent.

 

Court date Friday, any relevant info I should know on what to say and what not to say?

 

What if Judge asks me if this is my debt. I guess the question is not whether it is my debt my whether it is enforceable.

 

If I lose then I pay their costs, what happens if I win, do they pay mine, and should I have that handy to give at time of judgement.

 

If I lose can I appeal?

[AndyOrch]

Ok, all printed off and sent.

 

Court date Friday, any relevant info I should know on what to say and what not to say?

 

On arrival at the court..check in with the court usher....take 3 extra sets of your SWS...and ask the usher to check if its in the file as you posted it Mon 20th..if not pop one in.

 

What if Judge asks me if this is my debt. I guess the question is not whether it is my debt my whether it is enforceable. Most judges wont ask that..hes aware there is a dispute

If I lose then I pay their costs, only fixed costs as its SCT what happens if I win, do they pay mine, and should I have that handy to give at time of judgement. Yes

 

If I lose can I appeal?

Only if the judge allows it and you request it

[king100]

Cheers Andy

 

Is there any capping on costs, as this has taken pretty much a good 20+ hours of my time, what is the standard cph that you can claim?

[king100]

Cheers Andy

 

Is there any capping on costs, as this has taken pretty much a good 20+ hours of my time, what is the standard cph that you can claim?

 

The amount, which may be allowed to a self represented litigant under rule 45.39(5)(b) and rule 46.5(4)(b), is £19 per hour.

 

Correct?