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Creation Finance/Shoosmith Claimform - old Flybe Card - Now N244 to lift stay and request SJ


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On 13/05/2021 at 20:05, webbscatering said:

what's my next move?

 

 

You must file and serve a witness statement in response and objection to their application for Summary judgment....this must be done not less than 3 days pre hearing.

We could do with some help from you.

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IN THE.pdfIN THE.pdf

Out of interest which credit card and whos the claimant ?   Looking back at your history Webby...Im amazed with all the court successes you have had that we have advised on you opted for the

had to hide the post with the WS in as the PDF's have your name showing on lots of letters  now   sorted  

so the Skelton Argument is the Witness Statement? DX has stated there is no Enforceable Agreement also does the fact they accepted a payment plan of £2 a month have any bearing on this?

many thanks

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

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It requires a witness statement as the claimant has done with their application....that's a badly worded Court Order...skeleton arguments/statements are normally used in conjunction with a main hearing in support of your defence and witness statement...not at an application for summary judgment hearing.

 

Follow the claimants statement and respond in the same style refuting agreeing or raising your objections as to why their application should be dismissed and why the claim should either proceed to a normal hearing or why the claim should be dismissed.

 

If there is no enforceable agreement then that should be included in your statement and with regards to your offer of payment they have not agreed to accept it the letter clearly states they require further information as your income and outgoings which does not reflect any dispensable affordability.

 

Have a read of the following re Summary Judgment...you should refer to it in your response statement.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part24

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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they have agreed to accept it but they want to know how i am able to sustain the payment though there is a monthly deficit of £391. I sent in financial statements and continued from Feb 2020 to pay them £2 a month so in other words they have not accepted the my proposal even though I'm paying it?

 

cheers

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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" any payments made will be accepted on a without prejudice basis only "

 

...therefore its not fully agreed or accepted..

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 2 weeks later...

Their witness statement is full of lies especially the section marked "Stay on Proceedings" because:-

14th February 2020 - they has failed to mention that I responded to their request with a letter, financial statement and supporting documents outlining my pre-pandemic financial situation due to my partners serious ill-health and other issues that effected my money situation.
19th February 2020 - They returned my original documents
20th February 2020 - They requested how I was going to sustain the monthly payments
25th February - I responded to their request.

 

They failed to produce any enforceable agreement

They have been relentless in their approach to get me paying more money that I can afford although no formal demands have been made to increase payments they have adopted ruthless methods to get me to comply with their wishes.

Harassed me with constant phone calls in work - please see their phone logs in their defence pack

to date all monthly payments have been met (although not formally agreed) and no payments missed would that lend weight to some sort of agreement.

 

On grounds of hardship...maybe???

Post pandemic and my financial status has not worsened nor has it improved with both mortgage companies increasing monthly payments to recoup payment holiday.

I have agreed with other creditors for reduced payments to clear non-essential debts

Partner has not been able to commit to full time employment and often takes extended periods off from work due to ill-health.

 

img-210601191027 edited.pdf

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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  • dx100uk changed the title to Creation Finance/Shoosmith Claimform - old Flybe Card - Now N244 to lift stay and attain SJ

Good Afternoon, received this letter yesterday from a company within the same offices of Shoosmith, any idea why these people are contacting me too?

Scan20210605125321_Enviro edited.pdf

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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So how is your statement in response to their application going ?  Have you got a hearing date yet for their application ?

 

The above letter ...one and the same dont let the new name confuse you.

 

https://www.shoosmiths.co.uk/insights/news/shoosmiths-chartsbridge-launch-equivo-creating-recoveries-solution

 

 

Andy

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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the hearing date is 17th June, still trying to draw up my witness statement so in my post #55 that's all I can come up with to put into my statement but not much of a legal challenge.

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Have you posted the details of the hearing...?   Is a remote/telecom/video hearing....? What date must you submit your statement by ? its normally 7days pre hearing on Summary Judgment applications.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Posted (edited)

Just going to redo it, I think it was taken down because the pdf editor didn't work

Edited by webbscatering

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Share on other sites

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Okay you have up until 24 hours pre hearing to file and serve your statement and evidence. Give me a nudge mid week and I will draft you a statement in response.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Brilliant thank you very much Andyorch

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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  • Andyorch changed the title to Creation Finance/Shoosmith Claimform - old Flybe Card - Now N244 to lift stay and request SJ
  • Like 2

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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OMG! Andyorch this is an amazing piece of work thank you very much

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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Good Evening Guys and Dolls,

yesterday received this email from Shoosmiths with these attachments

 

unfortunately the court bundle is 24mb but contains statements, letters, telephone logs ...etc. 

There is their bill which is ridiculous and unjustified as I responded to them in all sincerity for help and an offer thereafter that they came at me with all guns blazing.

 

Obviously I have to go to court and defend myself which I'm very capable of and won't fold under pressure just because a bloke in a suit thinks he's important and wants me to respect him.

 

I will obviously be respectful to the judge but believe me I will give the beaks a tough time.

 

What do I do with this lot?

 

docs2.pdf

Webbscatering ;)

LLoyds TSB Started 13/9/06 - Paid In Full 15/3/2007 - Settled

 

NatWest - Started 8/9/06 - 2nd January 2007 - Settled

Virgin Media - Started 8/10/07 - Settled

GE Money - Started 28/02/08 - Settled

British Credit Trust - S.A.R - Prelim sent

Enterprise Inns - court papers served

Natwest - S.A.R - Prelim Sent

 

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