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barafear799

Hoist Claim Form - TSB Lloyd trustcard Credit Card debt

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Ok, I've since had a letter from the solicitors.

But all it contained was a copy of the Mediation details "urging" me to complete what I had to do. 

 

This rather preempted my next question.

 

I'm assuming I do not contact the solicitors and chase up the appropriate paperwork

- nor do I let them know my reason for turning down mediation

- this is all just done through the official channels?

 

Thanks

 

 

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yep


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Ok, quick update on this. 

Mediation didn't happen - mainly because I missed the deadline for agreeing to the date - I didn't realise the deadline was quite so tight - and I had been away for the weekend and not reading my emails - anyway - although it was bad to not formally respond, it didn't really make too much difference because due to the lack of viable evidence provided by the claimant, mediation would have been pointless.

 

So I've been waiting to head what court date has been allocated to my case. However, instead I received a "General Directions or Order" letter. 

 

Sorry - I meant to bring it in (to where I'm writing this).....but basically the gist of it was that the claimant had 14 days to respond providing evidence e.g. signed credit agreement etc. - and then I had 14 days after that to respond stating whether I accepted that evidence and whether I wanted to withdraw defence. 

 

The letter was sent around the beginning of the month - therefore their 14 days are more or less up - I haven't heard anything - albeit, I need to factor in postage times - but surely this means my 14 days are not really 14 days....but more a case of the time left before the end of October and when or if I get anything from the court of the claimant with their evidence.

 

My question really is: 

 

Is it a stupid question - but I cannot really do anything until I receive anything - at the moment, the court won't know what they've sent me (in response to my CCA request) - i.e. the poorly presented application form - meaningless statements - no clear signed credit agreement etc. - so this step is basically the court asking whether there is enough evidence in order to allocate a court date?

 

I'm assuming I should get a copy of whatever the claimant provides to the court?

 

Many thanks

 

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Hi,

 

The deadline was yesterday for the claimant to respond and they did - I got a large pack in the post. 100 pages in all!!! 

Consisting of their witness statement, followed by " the purported credit agreement" - and then just numberous statements - conveniently with a 10 year gap between the "signed agreement" and with a different account number - as previously mentioned. 

 

There's also copies again of the assignment notices from both LTSB and Hoist (and their various umbrella companies) - with the previously mentioned anomoly of the outstanding amounts being vastly different - LTSB being almost £2000 more - am I to believe that Hoist just wrote off £2k? 

 

I didn't really follow that what I received previously was the cue for me to be thinking about a witness statement. but that is what they have provided. 

 

So, they have added 7 pages to what they previously described as the "signed credit agreement" - clearly the additional 7 pages are just a set of terms and conditions which they have plucked out of somewhere and are now trying to fob off as being part of my signed agreement. 

 

I now have until the end of October to state whether I am still in dispute - clearly I am - but I would appreciate some guidance with putting together what I need to put together. 

 

Is it a full "witness statement" - and rebutting the "evidence" (or lack thereof) that they have provided?

 

Many thanks

B

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scan it all up inc the exhibits 

we don't need all the statements

but the 1st page of it will do to see where they came from.

 

remember one multipage PDF only please

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Reclaim mis-sold PPI Read Here

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Thanks DX. 

I've ploughed through the pages and dug out what I feel are the relevant ones.

Obviously, some of these are duplicates of what I've put up before. 

Anyway, I would be hugely grateful if someone can look over and advise.

Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here. 

 

Thank you. 

 

B

 

 

 

 

 

all other letters.pdf claimant_[part]_witness_staement_(1).pdf

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quick notes:

you don't need to redact random parts of date entries

whats the crack with not bothering to redact any of the exhibits?? ive done them all now

 

seems like the writer of the WS is trying to craftily say they are going to rely on hearsay evidence and evidence from the CLAIMANTS not the ORIGINAL CREDITORS data systems for some very important [and potentially fatal to their claim] information: namely

 

the defaulted date para 10/11.. [from the claimants records]

 

crap WS 

you should win this easy

 

ive merged and uploaded all your other previous upload above too for ease.

 

dx

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi,

 

Having had a PM exchange with Shamrocker (thank you) I've been advised to upload the General Order/Judgement that was sent to me at the end of September. 

Can someone (possibly Andy) clarify that I need to complete a WS for my "side of the bargain".

 

Obviously, I have just received and uploaded the claimant's WS so I suspect I do, but the actual order was "vague". 

 

Many thanks

B

 

General Order & Direction Oct19.pdf

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No you dont have to submit a witness statement ...nor did the claimant ....the Order dated 10th Sept quite cleary requests documents  relied upon...not a statement to fudge matters and reasons for not having the correct documents.

 

Simply inform the court in writing by the date stated that the claim remains in dispute...I assume it is still in dispute and they have not satisfied your requests for disclosure ?

 

Andy


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Thanks for the prompt response.

 

Although I will feel slightly awkward putting in a two sentence response to the claimants 100+ page WS!!

 

Should I allucidate on the exact reasons for the dispute..

.i.e. no proper signed credit agreement primarily plus a few other points of shoddy paperwork or audit trails.

 

Thanks Andy and everyone else.

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100 + ?   I count 4 pages...the rest is guff...now whether you accept the guff then that decides if you wish to inform the court you wish to proceed or whether you wish to admit...either way you have not been directed to submit a witness statement ....that comes after allocation should the claim proceed.....not at this stage.


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Thanks Andy.

Sorry to ask a stupid question - but in my response, how deep do I need to go.

Do I simply state "I am still in dispute with the claimant's claim, therefore I cannot withdraw my defence" or do I need to state "because the purported credit agreement does not meet the requirements of the CCA, in that it is not a signed copy of the original credit agreement.....at best an application form .....and very illegible." 

 

Sorry - just wanted to ensure I was as thorough as I needed to be. 

 

Thank you once again.

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No depth or detail needed. Just give it the appropriate heading, details of the claim, etc... and state something like:

 

"Further to the Order of the Court, dated _________, requiring the Claimant to _________________________________________, the Defendant confirms having received the Claimant's submissions in response. After giving consideration to the contents, it is the Defendant's position that the claim remains in dispute.

 

Yours faithfully,

 

Barafear

(Defendant)"

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