Originally posted by Dolally1
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N9B defence for inaccurate CCA
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So should I expand point 12. To include - A true copy of the original agreement/contract has not been provided…therefore unenforceable?
or is that something that I explain during mediation or hearing whichever way this ends up going…
many thanks for taking the time with this.
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Originally posted by Dolally1 View PostSo should I expand point 12. To include - A true copy of the original agreement/contract has not been provided…therefore unenforceable?
or is that something that I explain during mediation or hearing whichever way this ends up going…
many thanks for taking the time with this.
Have you read post 16 and do you want to channge point (4)?
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Yes I think changing point 4 (as you have suggested above in post 16) is appropriate perhaps along with the addition of the line in post 18.
I intend to submit the defence online (rather than paper copy) today. If the judge disagrees is there an appeals process?
Thank you all your input thus far, I shall make a donation to this site as soon as I’m able as wouldn’t have been able to get this far with out you.
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Originally posted by Dolally1 View PostYes I think changing point 4 (as you have suggested above in post 16) is appropriate perhaps along with the addition of the line in post 18.
I intend to submit the defence online (rather than paper copy) today. If the judge disagrees is there an appeals process?
Thank you all your input thus far, I shall make a donation to this site as soon as I’m able as wouldn’t have been able to get this far with out you.
A good guide - https://www.judiciary.uk/wp-content/..._in_Person.pdf
Ref post 18, read point 12, point 12 says that.
Point 4 should read as follows now -
4.It is admitted that the Defendant had previously entered into an agreement with Next for provision of credit.
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Update:
Had a response from solicitors to my “commonly circulated template on consumer based forums defence” (their words not mine!) Stating my defence has no real prospect of success and they will recommend their client makes an application to strike out the defence and enter judgement for the full amount with legal fees and costs.
They also invite me to withdraw my defence by completing the enclosed form or that I put forward a reasonable settlement proposal.
If i do nothing is the next step a directions questionnaire from the court and mediation? To which I can then explain the paperwork makes no sense.
Also a little concerned about everything being done by post and not receiving the directions questionnaire (due to be away from home in the next couple of months). Can I inform the court and have everything done via the online portal?
Thank you
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Originally posted by Dolally1 View PostUpdate:
Had a response from solicitors to my “commonly circulated template on consumer based forums defence” (their words not mine!) Stating my defence has no real prospect of success and they will recommend their client makes an application to strike out the defence and enter judgement for the full amount with legal fees and costs.
They also invite me to withdraw my defence by completing the enclosed form or that I put forward a reasonable settlement proposal.
If i do nothing is the next step a directions questionnaire from the court and mediation? To which I can then explain the paperwork makes no sense.
Also a little concerned about everything being done by post and not receiving the directions questionnaire (due to be away from home in the next couple of months). Can I inform the court and have everything done via the online portal?
Thank you
b) You can actually download the Directions Questionnaire, fill it in and email it to the Court and Restons Solicitors.
https://www.gov.uk/government/public...l-claims-track
c) On there you must state that you want Mediation, but you haven't received the documents from Restons Solicitors if that is the case. You might shoot yourself in the foot, if you state where their error is in the documentation.
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I’ve received under separate cover yet another copy of the same incorrect detailed paperwork.
If I limit the detail I put on the directions questionnaire (so not to shoot myself in the foot) I run the risk if they do not agree to mediation that the explanation of why I think it’s unenforceable is not explained to the judge.
Or do I hope for mediation then let them know the detail.
Its like a tactical game of chess rather than simply telling the truth, which saddens me :0(
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Originally posted by Dolally1 View PostI’ve received under separate cover yet another copy of the same incorrect detailed paperwork.
If I limit the detail I put on the directions questionnaire (so not to shoot myself in the foot) I run the risk if they do not agree to mediation that the explanation of why I think it’s unenforceable is not explained to the judge.
Or do I hope for mediation then let them know the detail.
Its like a tactical game of chess rather than simply telling the truth, which saddens me :0(
Mediation is to reach a settlement, not to disclose aspects of your case. You just need to write that you haven't received the requested documents which is what you've put in your defence. Well you haven't received them because it should be a true copy if the agreement was taken out before 2007.
Well, they've reconstructed an agreement, instead of providing the original, they've got the wrong address on a reconstructed agreement, 'it's a hit and hope on their part'.
It will look bad on their part if they don't agree to mediation, hopefully after Witness Statements have been exchanged and you give them the evidence they will withdraw the case.
Why give them the opportunity to reconstruct further 'duds'.
If the Court / judge asks you what's wrong with the documents, then you can tell them.
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Originally posted by Dolally1 View PostAssuming we go through all the above process and either they withdraw or lose what’s to stop them bringing a new case using my evidence to recreate a non dud version?
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Further update - just received another letter requesting I withdraw my defence as my cut and paste template stands no chance of success. As I have failed to comply with part 16 civil procedure rules and under part 24 the court can award summary judgement.
However if I do want to defend and pay the extra costs I should send my draft defence and evidence to them in the next two weeks.
And there was me thinking it was the court I’d hear from next regarding what the next steps were!
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