Cabot/restons Claim Form - 2 Old Lloyds Credit Cards

[Orchid47]

Ok, Im scanning docs now but I have a question

 

 

How come Solicitors are able to take a signature from one document, text from another and cobble together a document using photoshop which can then be submitted and accepted as evidence in Court?

 

How come the Judge will accept this? as the judge clearly said she would

 

In my world this is considered as a forgery and is clearly fraudulent behaviour.

 

 

 

[Orchid47]

Files attached as sent to me for Trial

trial.pdf

[dx100uk]

did you admit to the debt?

I bet not!

 

the application form it is devoid of all the correct prescribed terms it needs, nothing to do with the t&c's.

those must be on the page you signed or its reverse.

 

 

[Orchid47]

No, I didn't admit to anything

[AndyOrch]

Not easy to change the date of a hearing..you may have to submit an application notice with fee...would be cheaper to go sick for the day.

 

So what is this unredacted copy that they refer to in the witness statement...?  what is it suppose to prove and how is it connected to  a default notice ?

 

Andy

[Orchid47]

Exactly, but the question the Judge asked is Have I had the Money? Have I spent the money? The Judge pushed me on this. I didn't respond

The Judge wasn't bothered that the Default Notice wasn't a real one. She just wanted them to print it out rather than try to show it from their tablet.

She didn't feel that an actual Default Notice was relevant

She really didn't like that I was researching on the Internet, and defending my case

 

I did call the Court re the date and was told to email in and it would be passed before the Judge

[AndyOrch]

Well thats not a default notice...Im not sure what its suppose to be...customers details screen shot ?

 

Did this DJ think that it was a default notice or connected to a default notice ?

[Orchid47]

Yes the DJ did think it was the software of a reputable company

She held Crabot in high esteem

When I suggested that it could be cut and pasted she defended them

When I asked if at the next hearing they produce this screen shot with my information visible would this be accepted she said she would

Like I said above its forgery, its not a Default Notice

[Orchid47]

see my post at 176 

[AndyOrch]

" 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 "

 

CES2 is the document they rely upon as evidence that a Default Notice was dated on the 9th June 2010 and a final demand was dated 28th June 2010.

 

The screen shot taken from well know accounting software which is produced by FICO® Debt Manager™ Solution.

https://www.fico.com/en/products/fico-debt-manager-solution  and is used widley by DCAs. Dent Manager fairisaac

 

I doubt very much Lloyds would use this software as its intensive use is for Debt Collection Agencies not  original creditors ...the give away is that after final demand there are lines for Judgment date and Judgment value...well thats of little concern for the OC as they have already sold the debt and do not litigate directly...its DCA software.

 

As for what an actual Default Notice should be like is the following....

 

IMG_20190219_0005 (1).pdf

 

And your already aware of the legislation pursuant to the CCA1974 IE section 87 (1) and section 88.

 

There is nothing in the legislation that screen shots taken from the DEBT Collectors software is evidence or anything that states a creditor can rely on documents that one was sent

Therefore CES2 is meaningless and not evidence that a Default Notice was ever served and or if it was served it was legally valid.You cant see from the data they rely on whether it was served within the correct format (section 88) and if it actually contained all the prescribed terms that a Default Notice must contain to be legally valid and whether the dates allowed you the prescribed time frame of 14 days plus service to rectify  any breach. 

 

Hence the requirement to produce the actual default notice....judgment should not be issued on the basis of probability or did you spend this money....if the DJ cant be bothered to look at the CCA1974 or follow it then we really are sinking to new depths. 

 

 

 

 

[Orchid47]

Just a gentle poke Andyorc 

 

[AndyOrch]

The Defendant to file and serve any additional witness statements and documents in response (if so required) by 4pm on 28th May 2019.

[AndyOrch]

Second statement.pdf

 

 

 

 

 

[Orchid47]

Thank you, thank you. I will check over it and email to both the court and the Solicitors

 

Are there any special guidelines on emailing?

 

 

[AndyOrch]

Check your local County Court website....various email address for different documents.

 

Restons should be on their paperwork

[AndyOrch]

And just to confirm......

 

" I make this Statement from matters which are within my own knowledge and are true and from information which has been supplied to me by the Claimant and from my perusal of documents and records on the Case Management System ("CMS") operated by my firm "

 

So not Lloyd's...not Cabots...Restons

[Orchid47]

D Day today 

 

A Costs Schedule arrived this weekend

How can a Paralegal be charged at £110 per hour????

They are claiming over £4K in fees

 

[AndyOrch]

Question it with the Judge....fixed costs in Small Claims Track.

 

Practice direction 45

 

Fixed costs in small claims

1.1 Under Rule 27.14 the costs which can be awarded to a claimant in a small claim include the fixed costs payable under Part 45 attributable to issuing the claim.

1.2 Those fixed costs are the sum of –

(a) the fixed commencement costs calculated in accordance with Table 1 of Rule 45.2;

(b) the appropriate court fee or fees paid by the claimant.

[Orchid47]

Cant find this table, sorry

[AndyOrch]

Table ?

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

 

https://www.ashfords.co.uk/news-and-events/general/reasonable-behaviour-recovering-costs-in-small-claims-track

 

 

[Orchid47]

Is Andyorch available today? 

Its really urgent

Edited July 8, 2019 by Orchid47

[dx100uk]

last on 3hrs ago

whats the issue??

 

 

[AndyOrch]

Dealing with Orchid off the forum thread.

[dx100uk]

[AndyOrch]

So how did this conclude Orchid ? 

 

Not good considering you have not posted ?

 

Andy