Cabot/restons Claim Form - 2 Old Lloyds Credit Cards

[Orchid47]

6 minutes ago, Andyorch said:

Not sure what your asking thats not included in the statement ?

I cant find these dates 

 

Also, Ive just been reading the below thread and your response Andyorc

 

Whilst the document they have presented to me in the Claimants Defence is titled Access Application it does have on it Credit Agreement Regulated by the Consumer Credit Act 1974

 

So have I got it wrong then?

 

[Orchid47]

I find it incredible that they are allowed to do Reconstituted agreements

Any other industry and this would be considered Fraud !!

[AndyOrch]

Yours is not reconstituted...its the original application form.....but its not the executed credit agreement...its what you filed in when you applied for it.

[Orchid47]

Ok thank you. I suddenly panicked that's all

 

Thank you

Re post 151, please can you tell me where the dates are?

[AndyOrch]

11 minutes ago, Orchid47 said:

 

Re post 151, please can you tell me where the dates are?

 

Dates for what ?

[Orchid47]

???  4th May 2004 and the amendments of the CCA2006 are not retrospective to agreements entered into pre April 2007. (I cant locate this??)

 

[AndyOrch]

Completely lost me Orchid...?

[Orchid47]

No. 12. This renders the exhibit as unenforceable pursuant to section 127 (1) & (2) of the CCA1974 as the alleged date of the agreement is dated 4th May 2004 and the amendments of the CCA2006 are not retrospective to agreements entered into pre April 2007.

 

I cant find 4th May 2004 etc

[AndyOrch]

Right easier when you provide a number 

 

That requires editing to your date of agreement....xx xxxxx1993?

[Orchid47]

No. 12. This renders the exhibit as unenforceable pursuant to section 127 (1) & (2) of the CCA1974 as the alleged date of the agreement is dated XXXXX 1993 and the amendments of the CCA2006 are not retrospective to agreements entered into pre April 2007.

 

Sorry but can I check is this correct? The bit in bold black I change to my date, and then what about the pre- April 2007 bit????

 

Im a bit confused, sorry

[AndyOrch]

Yes your date..the date of your agreement 18th October 1993.

 

the amendments of the CCA2006 are not retrospective to agreements entered into pre April 2007.  The claimant will state that they do not need the original executed agreement...which in some case now they dont..they can reconstitute the agreement...but because yours is dated 1993 they cant.....so the the amendments of the CCA2006 are not applicable to your agreement as it was made before April 2007

 

 

[Orchid47]

Thank you

[Orchid47]

Just checking please that the date required here below is the date I submitted my Defence back in 2016?

 

being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application for Strike Out/Summary Judgment in view of my defence submitted to the claim dated 00/00/00  pursuant to CPR 24.5 (1) a&b.

[AndyOrch]

Correct

[Orchid47]

So, Court tomorrow

 

Any last minute advice please?

 

 

[dx100uk]

watch out for them trying to intimidate you before you go in

wall away and smile..

 

dx

 

[Orchid47]

So do I need to take anything with me, or prepare any other paperwork?

 

I don't own a suit, is this a problem?

 

Can I have someone with me?

[renegadeimp]

Just turn up smart.  No need for  a suit.   its not like youre going in the dock.  Youll be sat around a table .    Just wear a smart outfit, and brush up on everything, as they WILL try to  bluff you if you let them.  And thats IF they dont run off before the hearing is called. And then thats if they even turn up tomorrow.

[AndyOrch]

Best of luck Orchid

[Orchid47]

Update:

Application was dismissed and case allocated Small Claims Track now so that Crabbot can make up more documents !!

 

Application failed today due to the Screen Shot of the Default Notice I was sent as part of the Witness Statement was missing details ie the date that the Default was served. The document had a big black area on the photocopy that obscured the so called date when the Default notice was served

 

Crabbots Solicitor said he had a tablet with him that showed this document and with the date visible and would the judge like to see it? 

 

I contested that this was not acceptable to produce evidence in Court without having been sent to me first and the Judge took notes and said to him that she would not accept this

 

The Judge said to me surely you recognise this account and having a £10K debt on a credit card.

She said that she didn't believe that I couldn't remember

 

I said that I felt it was unfair that documents submitted by the Claimant can be accepted on Electronic versions and that its very easy to pull these off the Internet and insert an address and name etc

The Judge then asked me "if I was accusing Crabbot of being unscrupulous???

I said well there are cases on the Internet where they have been 

 

The Judge didn't really comment on the rest of my Defence, other than to say she doesn't like it when people research the Law on the Internet as they don't really understand all the terminology. 

I said I researched on the Internet as I couldn't afford a Solicitor

 

She then went on to chat to the Solicitor about the Trial and was 3 hrs long enough?

She wouldn't confirm but wouldn't deny that the next Judge would/ would not accept a reconstituted screen shot,

but that it was perfectly acceptable as long as it had the date clearly visible

 

She then was polite but definitely trying to frighten me with regards to Trial and Court fees

 

"If I loose the case" as she kept saying "You do understand the implications of a Trial and if you loose - don't you?"

Feeling a bit wobbly now

[AndyOrch]

Well done you stopped their application...that is all today was about..

 

Andy

[AndyOrch]

Now you await the court directions with regards to how the claim will proceed...you will have to prepare a further statement and disclosures..you have the advantage of why their application was dismissed and can add/concentrate on that part within your statement.

[Orchid47]

Ok papers have arrived.

 

Firstly though I need to contact Court and change the date though as Im working on the day of hearing

Havent done this yet

 

Received 2 x letters from Rastoons 

Both dated 3rd

Letter 1 reads as follows

We write in respect of the above matter

 

By now you ought to be in receipt of this firms Witness Statement in preparation for the Trial

 

We have been advised by Council who attended on our behalf that the hearing which went ahead, District Judge X dismissed the Claimants application on the grounds that the screenshot evidence had been redacted and thus you had not had sight of the evidence. 

 

Council also confirmed that District Judge X specifically stated to you that this firm be able to provide to you this evidence (in a un-redacted format) you would be encouraged to attempt to settle this claim prior to the Trial

 

You will note that at Exhibit X of the most recent Witness Statement, an unredacted copy of the screenshot has now been included.

 

Now that this evidence has been provided to you, we invite you to put forward your settlement proposals in line with the District Judge's suggestion

 

We look forward to hearing from you within 14 days

 

We reserve the right to bring this letter to the attention of the Court should the issue of costs arise

 

Letter 2 reads

 

Please find enclosed by way of service the Claimants further Witness Statement and the Notice of Intention to rely on Hearsay Evidence in preparation for the forthcoming trial

 

This was dated 3rd, but Ive only just received it as have been away to relatives for bank holiday

 

 

 

[dx100uk]

Better to scan things up then type them out

 

one multipage pdf only please

inc new evidence

 

Dx

[Orchid47]

Sorry Dx

Will do