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Creation/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.

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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

 

 

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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

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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

 

 

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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.

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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.

 

 

claimants N244+WS .pdf

 

 

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

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

 

 

.

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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.

 

 

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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.

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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.

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  • Andyorch changed the title to Creation Finance/Shoosmith Claimform - old Flybe Card - Now N244 to lift stay and request SJ
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We could do with some help from you.

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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

 

 

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We made a schoolboy error there by referring to assignment when in fact its still with the original creditor so slapped wrist to me but you really should have checked and picked that error up also before submitting.

 

Its not fatal to your defence but it does give them opportunity to come at you and provides ammunition to discredit your statement.

 

Andy 

We could do with some help from you.

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No need to respond, the court wont be concerned and if raised simply state that you thought it had.

We could do with some help from you.

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This arrived twenty minutes ago via email, anything I do?

 

Dear All,

 I act for the Claimant, Creation Financial Services Limited, in the above-mentioned matter.

 It has come to light that an incorrect copy of the agreement was attached to the Witness Statement of Sarah Louise Hancock dated 119 march 2021. A correct copy of the terms and conditions are attached.

The defendant is cc’d into this e-mail by way of service of the above-mentioned document.

I apologise for the lateness of this document and ask that the court could place this before the judge in readiness of the hearing today at 3pm 9reading time from 2:30)

Kind Regards

 Sarah Hancock

Agreementpdf-V1.pdf

Edited by webbscatering

 

 

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Compare it to the one attached to WS and see if there is any significant difference.

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and neither of which have YOUR details on page 1 which they must have  to prove they WERE sent at the time of take out

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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