Hoist/cohen claimform - ex EGG now barclaycard debt

[dx100uk]

4 hours ago, dx100uk said:

 

go find a ws in the legal successes forum for your same player s there are loads relating to WON - No default notice.

adapt it 

take it with you 3 copies.

1 judge

1 cohen

1 for you.

 

you could email the court and cohen.

but its really very late to do so...

 

investigating the assignment is not needed.

 

there is no agreement there

just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet.

for those to BE a compliant Agreement there must be an online signup box with a tick in it

there also needs to be your printed name

and 

the time and date 

and

the IP address of the PC used.

these are fatal to their claim

 

there is NO DEFAULT NOTICE, that is FATAL to their claim.

 

plenty of examples of a defendants (your) WS's here already with exactly the above problems re T&C's and DN.

 

the above is what you want

you've already sent your defence, it was wrong. not SB'd.

so get a WS together that encompasses the above and rips their crap paperwork apart

and point to how important the lack of Default notice is to enforcement.

[Gonadz]

Just a last minute check, just put Egg or put Barclay's ?

 

 

What excuse is there for late defence ?

[dx100uk]

none you already filed your defence back in February

remember you said it was SB'd then found out after you filed it wasn't...

 

you are supposed to be making a WITNESS STATEMENT.

 

dx

 

[Gonadz]

Solicitor suggested that it was an unlimited loan more like hire purchase citing balance transfers..

 

.I tried not to say too much or admit any liability and continued to say that I had no original documents or default notice...that all they had were assignment documents and that they had provided nothing within original timeframe for me to make an informed Witness Statement...no ticked box, name, signature, date (just a stamp saying 04/2008, and no IP address on Egg document in their bundle.

 

I kept repeating no. 3,4,5,6 above...went on a long time and he was in a rush but the Judge suggested that he could interpret the evidence as it is a County Court.

 

..judgement against myself the defendant..

.have to send proof of income to claimant and negotiate payment.

 

Thanks for the help none the less, the solicitor had to think about it and delved deep into Consumer Credit Act...

will make a donation as soon as possible...

 

I really appreciate all of your help, it's amazing generosity. I would just suggest that it is difficult for us as novices to really

 

understand how important particular "to do's" are, and it takes us time to follow the basic instructions/suggestions of 'CHECK CAG Library', or 'RESEARCH & READ File Threads' (in the library) {Navigating

the site is really tough and daunting for us beginners}.

 

Please don't take it personally as you are helping people for nothing, but it would really help if we the novices in panic and problems, could have a 'gravity' title above certain suggestions for example "IT'S (REALLY) IMPORTANT (TO DO THIS ASAP)".

 

It seems trifling but for people totally unfamiliar with the system here it would really help us to gauge on a scale how important certain things are.

 

I just explain this perspective in the hope of helping all involved as much as possible.

 

I will be making a contribution and want to thank you all very much once again for relieving a lot of panic as much as anything.

[AndyOrch]

On 30/11/2020 at 11:24, Gonadz said:

Notice of Allocation was in early August to the Small Claims track (Hearing) - not sure why but I didn't send any evidence...not sure if they paid the trial fee of £170 will phone the Court tomorrow...

 

Yes they did - 255 if I want to set aside with N.244.

 

Preparation is key...its not really about knowing all the laws and legalese... engaging with your thread and posting regularly at each step of the process...as highlighted above.....not leaving it 5 months. 

 

You could have turned this around with a well prepared witness statement...but because you didnt engage, everything becomes last min and a bit of a scramble and panic.

 

But many thanks for your proposed donation.

 

Andy

[Gonadz]

Thanks again...I left it too long and paid the price. 

 

Another useful suggestion as all the pages look the same....

I thought I was on the thread page when I was actually on the private message page

(I'd bookmarked the PM page stupidly) so I couldn't see any replies.

Can I suggest a big Warning Sentence in BOLD or Capitals saying

BEWARE THIS IS NOT THE THREAD CHECK YOUR NOTIFICATIONS

Just a suggestion to help panicky users of the site who don't always think rationally.

 

[dx100uk]

well its not a loan..

and had you followed the simple instructions here and just about any other claimform thread( of which there are 1000's

you would have done things properly, in the right order and in a timely matter to avoid the above ever happening.

 

not seen anyone have so much difficulty in understanding these things before here.

 

rather than faffing around on the site..why didn't you simply hit the link in the emails you get...much easier..

 

 

 

 

 

 

[Gonadz]

Can I appeal ?

 

[AndyOrch]

On what grounds ?

[Gonadz]

The solicitor was bs'ing about how that was a hire-purchase like agreement