NRAM contact letter

[worriednanxious]

Thanks Andy - will get a look at anything I have on this tomorrow and will update as required. Surely they would have had plenty of page two's being a big company - couldn't they just use any 2nd page for this sort of agreement?

[AndyOrch]

That is why I state theT&C must be linked to your signiture either by number or letter and not simply referred to as see overleaf otherwise any T&C could be used and you would have signed and agreed to something not within the signitory area,This forms a correctly executed valid CCA along with the perscribed terms.

 

Regards

 

Andy

[worriednanxious]

Ahhh I see right so I'll get defence off tomorrow and see what happens next. Thanks for the advice - feeling much better now. While you are about do you know what will happen with regards to me disputing and the ex admitting? We were both served on the same claim number? Forwarned is forarmed as they say.

[AndyOrch]

Ahhh I see right so I'll get defence off tomorrow and see what happens next. Thanks for the advice - feeling much better now. While you are about do you know what will happen with regards to me disputing and the ex admitting? We were both served on the same claim number? Forwarned is forarmed as they say.

 

 

Its imperative that you both defend and both submit defences and both AoS with the intention to defend.Everything in duplicate

 

Regards

 

Andy

[worriednanxious]

Would love to do that Andy but he sent his to his Debt management company who admitted liability before I could get them to stop! So I'm just wondering what might happen as I'm defending it. Is there anyway he could withdraw his admittance - they had to be back middle of last week i think. I don't want this to be mucked up now!

[AndyOrch]

Change his AoS to defend all is this a MCOL summons?

[worriednanxious]

I don't know what MCOL means but this was a claim from Gateshead county court. I returned defending all the claim and his was returned admitting liability and completing the income and expenditure stuff. They were returned early last week - is it too late for his to be changed? How could he go about getting it changed? What will happen if it can't be changed - could we get it set aside if it is ruled on this and then defend later? So many questions I'm panicing again now!!

[AndyOrch]

if not write a letter to the case manager explaining your circumstances ie seperated and that there as been an oversight and that he wishes to change his plea,Dont panic it can be changed

 

Andy

[worriednanxious]

How would i find out who the case manager is? What are the chances of his being amended and what could happen if it can't? Thanks for all the info I will try ringing the court tomorrow and see what can be done.

[AndyOrch]

Just address or ask for the Case manager dealing with your claim number and explain the situation he will have to submit the same defence and also request info via the CPR everything same as you

 

Andy

[worriednanxious]

OK Andy will see what I can do tomorrow - thanks for the advice, hope I can get this sorted:(

[worriednanxious]

Hi I have been battling a court order from NR with help from this site. We have now had a court date set of 6 August and I would be grateful for any advice on likely next steps and how I should raise my arguement in court/what is likely to happen. Here is most of the documents involved:

 

Defence post copy.doc

 

Subject access req Post copy.doc

 

Draft Directions post copy.doc

 

Court Other Information post copy.doc

 

Please let me know if you need anything else - help is gratefully received.

[AndyOrch]

Hi Worried

 

I summise the last part of your post is the Claimants Witness Statement in support for their Summary Judgement Application.So 6th August is the date for their application hearing am i correct in presuming?

Ok have you responded also by submitting your own Witness Statement or made an application objecting to the application?

Any statement by yourself must be submitted not less than 7 days before that date.

Application for Summary Judgement can also backfire on the Claimant and the case can be struck out at the hearing subject to what argument you have put forward in response to their application.

If you can clarify the above

 

Regards

 

Andy;)

[worriednanxious]

Hi Andy,

 

Thanks for the response.

 

I think the last part is the letter that their solicitors sent with the allocation questionnaire so not sure if its a witness statement - it just appeared to be a response to our original defence. All I received was a letter from the court saying the case should be heard by a judge and date set is 6th August. No information on providing witness statements or anything....

[AndyOrch]

Hi Worried

Take a close look at the Claimants copy AQ under the section applications check if they intended to make any, if yes check with the CC dealing with the case and ask if they have made any applications post AQ.I could be wrong but the above looks like a Witness Statement.

 

Regards

 

Andy

[worriednanxious]

I will have a look tonight when I get home and let you know and phone the court tomorrow if needed - will let you know what happens.

 

Thanks

[the_shadow]

Hi Worried

Take a close look at the Claimants copy AQ under the section applications check if they intended to make any, if yes check with the CC dealing with the case and ask if they have made any applications post AQ.I could be wrong but the above looks like a Witness Statement.

 

Regards

 

Andy

 

I think its just what it states to be.. a reply to the defence. They are entitled to reply to the defence if they think it requires it.

 

Edit: Worriedanxious... did anybody help you with your defence or did you just copy it from another case?

 

S.

[AndyOrch]

Yes just checked all the dates and paperwork too early for an application.(or is it)

Apolgies Worried.

 

Regrds

 

Andy

Edited June 23, 2009 by Andyorch

[worriednanxious]

In the other information part they have entered yes for applications in the immediate future and said for "strike out/summary judgement"

 

In regards to my defence I just completed it myself pulled from similar cases on here.

 

I did send of a CCA request to NR and received a response requesting a certified copy of a legal document and signatures!

[AndyOrch]

In the other information part they have entered yes for applications in the immediate future and said for "strike out/summary judgement" Keep checking Worried if they make application

 

In regards to my defence I just completed it myself pulled from similar cases on here.

 

I did send of a CCA request to NR and received a response requesting a certified copy of a legal document and signatures!

 

So therefore they are in Default of your request did you request this pre or post Litigation?

Regards

Andy

[worriednanxious]

I sent this post litigation so we could establish the facts. I still haven't received a full copy of the credit agreement or a full statement of the account. Does this help my case?

[the_shadow]

Ok, the reason I asked about the defence is its a bit generic and hence the reason that I think you'll receive a summary judgment application in the post shortly as indicated by their AQ.

 

To that end I think you need to prepare a witness statement, this needs to be in a specific format and has to reply to their claim points paragraph by paragraph. Only thing I'm not sure of is do you reply to their initial claim or is it now the reply to your defence you have to address?

 

S.

[worriednanxious]

Will it detail that when it arrives or would somebody else know? I forgot to bring the paperwork with me today so I will phone the court tomorrow and see if anything further has happened.

[the_shadow]

Will it detail that when it arrives or would somebody else know? I forgot to bring the paperwork with me today so I will phone the court tomorrow and see if anything further has happened.

 

Thinking about it logically it probably is a witness statement responding to their reply to your defence. Its probably why they did the reply as they've put a lot of detail in there.

 

S.

[worriednanxious]

Ok that would make sense. What sort of things do I need to detail and are there any other threads that would give me an idea of how to complete a witness statement? Do you have any idea of timescales on this? I'm not sure when I should be chasing the court if I don't receive anything (my post is a bit touch and go!)

 

Also I was just wondering what is likely to happen in court - will a final judgement be made or could another date be set? The judge has only set 25 minutes for the hearing so it appears it could be very cut and dry but I don't know in who's favour?

 

Thanks for all the help.