I have attached the "appeal" in PDF. Actually, I considered it more of a "get lost" letter rather than an appeal.
I read somewhere on CAG that they should give you at least 10 minutes to be able to find/read any notices... which I did not see.
I was parked for 6 minutes. Any merit to this?
Its a bit waffly and could really be stripped to 1 page...but covers most if not all of the points required.Payments and statements and assignment are irrelevant if you cant produce a copy of of the executed agreement.Anyway.......
Replace point 3 with the following.....
3. In accordance with District Judes xxxxx Order dated xxxxxx the claimants although not ordered to opted to submit a witness statement which states in its intro that it mostly relies on hearsay evidence as confirmed by the draftsperson in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.
And your summary point 9 could be beefed up ..why not conclude with.....
19. In an attempt to comply with the courts Order dated xxxxxx the cliamants have failed and can only produce an illegible application form with a set of unconnected terms and conditions.
It is impossible to reconstitute a copy of an agreement from 1998 and therefore the claimant remains in default of my section 78 request and therefore the agreement doesn't comply with s.61(1) a, so is neither properly executed nor enforceable through the courts, by virtue of CCA s.127(3). Although the claimants statement tries to make up for weakness in disclosure it relies heavily on the balance of probabilities and padding it still lacks the basic requirements of the Consumer Credit Act legislation required to enforce any agreement..
Therefore by reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.