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    • My thought is: you need a solicitor yourself, and quickly.   The legal situation sounds extremely complicated.    There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
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pov

Unwilling to refund

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Hey POV, they get 5 days to issue, then 14 days from the issue date to acknowedge and if they do (which 99% of the time they do) they get another 14 days to defend.

 

If no defence is made then, then you can make judgement. Be wary though because usually this is because they are so overworked and they will then apply for a stay (which will very probably be granted) against your judgement as judges prefer a decision based on the case being heard/proceeding than by default so don't get too trigger happy. In any case you will almost certainly get a defence. :)

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Seems that trucker got there b4 me (again) ;)

 

Do you ever do any trucking lol :)

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That'll be the Bacon Butty and flask of tea/soup job?


3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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this is where i'm getting mixed up as it says issue date 22/06/07 which is date i put claim in so i wait 5 days from then then check again ??

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Yup, the issue date is the date you made the claim. Add 5 and it is then treated as served (it confirms on your notice of issue that you will get from court) then 14 days to acknowledge and 14 more to defend.

 

Hope that makes sense :)

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Date issued xx/xx/xxxx

5 days to be deemed served

14 days from being served to either Defend or Acknowledge once Acknowledgedits then..

28 days from when deemed served for them to enter the Defence

33 days in total from issue to defence allowed :)

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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thanks all for your time and patience. Am off to collect N1 tommorow for business account ....

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Have just filled in pdf N1 form and realised that i have been using the address at time of account yet have recently moved HELP ??? Do i carry on and submit form with old account address with letter explaining ( also haven't informed Barclays yet . What an idiot ....) or fill out at new address ? feel such a fool am doing this alone so need advice if poss please

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Use your new address .... then make sure you inform the bank of your new address ... :)

Well thats what i would do anyway :)


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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First of all, you are NOT a fool.

This to you and everyone else claiming is new teratory so you are not expected to know what to do.

And

You are not alone, you have us to guide you through and then to congratulate you at the end....

 

Use the new address but update the bank and court of your new details if you havent already.


.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Thanks guys feel like crying too much overload think I may deserve this glass red wine been in front of me all night once again thank you so much.

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Pov, I think we've all felt like that at some stage. Take inspiration from the threads you read here, sip that wine, maybe even pour another.

 

Tomorrow is a new day and we'll all be here to help.

 

Cheers

 

Slick


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Get a southern Italian Red, like a Sardinian red 14% or Sicilian 13%, or a red from Manduria like your 'Primativo' anywhere from 12.5% to 16% and I can guarantee you luv, you won't feel like crying!

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Ha Ha it's a Bordeaux superieur 13 % very smooth and yes it's helpin as forgot to save last PDF and now gonna have to type all out again Yahoo !!

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!"£$%^*&%$ said it for you ;-)


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Quick before i log off . I never realised till end of form could enlarge text ?? I did it all just by lookin at key board and hopin for best DUR

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Can anyone tell me how long i should wait for bank to file a defence ? ?

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28 days from when deemed served which is 5 days after issue :)


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Saintly's 33 days is, strictly speaking, correct, but you often find that Barclays seem to manage an extra few days....

 

Generally it's best to allow them 5-7 days after the deadline...I know it sounds s**t, but that's the way the system works. If you were to apply for judgement immediately, thay could have the decision set aside, and cause a further delay.

 

;)


Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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just checked they have filed a defence today ..... wait and see now

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I have sent all my letters to the bank address on my statement and didn't send them recorded delivery, will that make any difference? i'm in the middle of filling out the small claims forms on the net now, should i resend my last letter and list of charges again this time recorded delivery?


TWO AND A HALF GRAND:o !!!!! I'll have that back thankyou!:-x

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they have filed a defence today

No surprise there then. One rule for us, different rule for Barclays. :mad:

 

When your defence arrives, post the first 3 points here if you can, so we can check it's the usual stuff.

 

;)


Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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thank you so much . will i be informed thru mcol or by post ?

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