**CLAIM DISMISSED ** CCJ for old debt - have no idea what to do - court claim

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Thanks M1

LLLx

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Hi all

to recap have to get my WS in by 11th Dec so here is my first stab. I would be hugely grateful if you could take some time to cast the expert Legal Beagle eye over it. Its not very good at the moment and much of it was in the orginal defence - not sure if this is the right thing to do or not. The spelling is awful too (am doing this on the sly at work as everyone is out TRaining LOLS:tinysmile_twink_t2

Just one question - on going over the orginal terms i have just twigged that there are no charges included it only says they will be sent to you. I have included it in the WS but not the submited defence. DOes it actually matter - can they just say well tell you later?

thanks so much :beagle:LLLxxxxx

In the XXXXX CLAIM NO: XXXX

BETWEEN:

Claimant
and
Lowlowlola
Defendant
_________________________________

WITNESS STATEMENT
_________________________________



Lowlowlolaxxxxxxxxxxxx being the Defendant in this case will state as follows;

I make this Witness Statement in support of *********************

I received a claim against me dated February 2014 which I acknowledge service of via MCOL.

The claim is for a Credit Agreement regulated under the Consumer Credit Act 1974.

The Statement of Case in the claim was vague, stating only that a credit agreement was held by the Defendant with Lloyds banking group and gave very few details as to what it related to. Exhibit A

On 24^th February 2014 I made a written request to the Claimant’s solicitors pursuant to CPR 31.14. I requesting that the Claimant provides copies of all documents mentioned in the statement of case. Exhibits XX –XXX

On 17^th March 2014 at 9am I called the Claimant’s solicitors and spoke to their representative who agreed to an extension under CPR 15.5 by 28 days from my original date (22^nd March 2014) to submit my defence to 18^th April 2014

As The Claimants solicitors failed to produce documents which left me unable to defend the claim and the Defendant sought a N244 unless order on 11th April 2014.

At the hearing on 4th July 2014 at XXXCounty Court the following order was given: Exhibit XX

IT IS ORDERED THAT
The Defendant's time for filing and serving a fully particularised Defence is extended to 21 days after the Claimant sends to the Defendant complete copies of:
( 1) the credit agreement
(2) the Default notice
(3) the notice of assignment
relied on by the Claimant

The Documents mentioned in the order were produced on 31 July 2014 and shown to the Defendant in a bundle of documents Exhibits XX XX

The Credit Agreement
On inspection of the documents it was apparent that the claim referred to an XXXXXXXXXXXXXXXX affinity credit card once held with Bank of Scotland, possibly opened in 1999.

The card mentioned in the claim was specifically for XXXXXXXXXXXXXXXX XXXand associate union members and was marketed as an additional benefit for XXXXXXXXXXXXXXXX XXXmembers.

The Defendant avers that a printed application form and advertising leaflet, which she signed was sent to her by direct marketing mail from the XXXXXXXXXX XXXwhich she was a member of and returned by mail to the Bank of Scotland by her. Accordingly there was no copy of the agreement for the Defendant to retain, which is a breach of s62 Consumer Credit Act 1974, and the agreement is improperly executed.

I also believe that the terms and conditions applicable were not provided until the credit card was provided to the defendant. Accordingly I believe that this is a breach of s61 (1)(a) Consumer Credit Act 1974 as the prescribed terms were not present at the point of signing and the application did not contain any of the prescribed terms. Accordingly pursuant to s127 (3) Consumer Credit Act 1974 the Court may not make an enforcement order where there is a breach of s61 (1)(a) Consumer Credit Act 1974.

The specific card benefits at the time were a 0% introductory interest rate for purchases and balances for a time limited period, which I believe was 6 months, a competitive interest rate and a card protection scheme. To benefit from the 0% introductory rate specific terms and conditions applied.

Further to Judge XXs order the Claimant supplied a reconstructed copy of the terms which were allegedly in force at the time of the alleged Default, Exhibit D,and a reconstructed copy of the terms they allege to be the current terms applicable to the account at the time of opening dated 10/98 on page 5 Exhibit E

A copy of the original agreement signed by the defendant has not been produced

The Defendant contends that the reconstructed Terms and Conditions are not a true copy of the Terms and Conditions applicable to the account at the time of the inception of the account . Exhibit D

As stated the card was promoted for XXXXXXXXXXXXXXXX XXXmembers and nowhere in the document is the XXXXXXXXXXXXXXXX affinity card brand referenced.

The specific 0% APR time limited introductory offer and the conditions of the introductory offer, are not included in the document produced as the reconstructed original terms that were allegedly applicable to the account. The document states the interest rates under section 10 iii) “The APR is 19.9% for all transactions except Cash Advances for which the APR is 21.8%.”

The reconstructed agreement does not contain a schedule of charges in relation to the credit card in section 10 iv the agreement stages “If the bank has cause to communicate with the Principal Cardholder as a result of a breach of this Agreement the Bank may debit the Card Account on each occasion with a charge in accordance with the current tariff which will be pre-notified to the Principal Cardholder”. The charge tariff applicable at the time has not been supplied.

I contend that the Claimant (and/or the original creditor) has failed to satisfy my s78 CCA1974 request for valid copies of any valid agreement that they may have and that as a result of s78 (6) CCA 1974 the agreement is therefore unenforceable against me. To satisfy a s78 CCA 1974 request the documents sent must comply with the Consumer Credit (Cancelation Notices and Copies of Documents) Regulations 1983) (“the copy documents regs 1983”).



The Default Notice,

On 31^st July 2014 The Claimant supplied a template of the Default Notice they state was sent to the Defendant on XXX February 2011 Exhibits F and G.

The Default Notice supplied states that 28 days to bring the account into order are allowed.

However the account was defaulted on or before the XXX February 2011 as it is entered on the Defendants credit file as a Default on that date. Exhibit H

The example Default Notice refers the Defendant to Clause 2.2 of the Terms and Conditions, as ' contain details of the minimum payment you must make each month' However Clause 2.2 of the Current Terms provided by the Claimant Exhibit E does not relate to 'minimum payment' instead refers to the order that a payment is applied to different transactions and related interest rates. Clause 2.2 of the Original Terms provided by the Claimant Exhibit D refers to “The Cheques” and how they are to be used.

Therefore the Defendant contends this brings into serious doubt whether the default notice supplied accurately demonstrates that which is alleged to have been sent by the Original Creditor.

The Defendant avers that the Default notice produced fails to specify the information required Consumer Credit Default Enforcement and Termination Notices Regulations 1983 Regulation 2 and schedule 2 paragraphs 3(a-c) of the Regulations.

The Claimant is put to strict proof that a compliant default notice was served in relation to the alleged agreement pursuant to CCA s.87 & 88(1) thus giving a right to demand immediate repayment of the sums claimed.


The inconsistencies also bring into serious doubt that the reconstructed Terms and Conditions are a true copy of the Terms and Conditions applicable to the account, in the alternative the Defendant contends that the Default Notice template supplied in inaccurate and not a true example of what would have been sent.


Statements
The Claimant has provided a statement of account from 2008 in response to the Defendants’ statutory request. As the account was started in 1999 this prevents the Defendant from assessing any charges or interest that may have been applied prior to this date.

Therefore I believe that the enforceability of the regulated agreement underpinning the debt is disputed as there are numerous breaches of the Consumer Credit Act 1974 the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the original creditor.
(b) show how the Defendant has reached the amount claimed.

The Defendant reserves her position to plead further should the Claimant provide the proper documents.




Statement of Truth

I, LLL the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

You are mixing up witness evidence and your legal(skeleton) argument.

Defendant ? Witness statement should in your words so "I" is more appropriate. Only a solicitor would refer to you as defendant when drafting a witness statement and a solicitor shouldn't be writing another persons witness statement anyway !


"IT IS ORDERED THAT
The Defendant's time for filing and serving a fully particularised Defence is extended to 21 days after the Claimant sends to the Defendant complete copies of:
( 1) the credit agreement
(2) the Default notice
(3) the notice of assignment
relied on by the Claimant"

Get rid of that. That is shown in the exhibit of which the court shouldn't really need anyway but is safer to include as an exhiit.



"The Documents mentioned in the order were produced on 31 July 2014 and shown to the Defendant in a bundle of documents Exhibits XX XX "

I'd say documents purporting to be those mentioned, because you are disputing the accuracy of the CCA.


The Credit Agreement
On inspection of the documents it was apparent that the claim referred to an XXXXXXXXXXXXXXXX affinity credit card once held with Bank of Scotland, possibly opened in 1999.

No titles. It's a WS not a skeleton argument. When i inspected .... makes it sem more personal like a witness statement should be

The Defendant avers that a printed application form and advertising leaflet, which she signed was sent to her by direct marketing mail from the XXXXXXXXXX XXXwhich she was a member of and returned by mail to the Bank of Scotland by her. Accordingly there was no copy of the agreement for the Defendant to retain, which is a breach of s62 Consumer Credit Act 1974, and the agreement is improperly executed.

Again IIIIIIIIIIIIIIII filled in an application form that i got from blah blah


I'l let you take another look at the rest. You also need to number it.

https://www.justice.gov.uk/courts/pr...ess-statements

https://civillitigationbrief.wordpre...om-down-under/ Don't be afraid to follow the links at the bottom too.

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Thanks M1 - right I'll have another stab!

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

right round 2

I hope this is a bit better and have put more in about how teh card was started as i feel this is important to the case -

one question - should i put in that i tried to sort this out and have paid over £11k to them as part of a DMP but they kept wacking on interest and charges for 4 years which meant i never ever go to bring the total owed down - am not sure if that has any bearing on this case at all?

thanks for your help as always

LLL


WITNESS STATEMENT
_________________________________
1.


Lowlowlolaxxxxxxxxxxxx being the Defendant in this case will state as follows;

I make this Witness Statement in support of *********************
2.
I received a claim against me dated February 2014 which I acknowledge service of via MCOL.

3. The claim is for a Credit Agreement regulated under the Consumer Credit Act 1974.

4. The Statement of Case in the claim was vague, stating only that a credit agreement was held by the Defendant with Lloyds banking group and gave very few details as to what it related to. It is accepted that I have had past banking products with Lloyds Banking Group subsidiary companies including TSB and Bank of Scotland, however the account numbers they gave and the amount stated on the claim form did not relate to any information I had. Exhibit A

5. On 24^th February 2014 I made a written request to the Claimant’s solicitors pursuant to CPR 31.14. requesting that the Claimant provides copies of all documents mentioned in the statement of case. Exhibits XX –XXX

6. On 17^th March 2014 at 9am I called the Claimant’s solicitors and spoke to their representative who agreed to an extension under CPR 15.5 by 28 days from my original date (22^nd March 2014) to submit my defence to 18^th April 2014

7. As The Claimants solicitors failed to produce documents which left me unable to defend the claim and I sought a N244 unless order on 11th April 2014.

8. Further to an order being granted on 4^th July 2014 the purporting to be those mentioned in the particulars of claim were produced on 31 July 2014 by the claimant and I received them 4^th August. Exhibits XX XX

9. On inspection of the documents it was apparent to me that the claim referred to an XXXXXXXXXXXXXXXX affinity credit card once held with Bank of Scotland, opened in march 1999.

10. The card mentioned in the documents produced was specifically for XXXXXXXXXXXXXXXX XXXand associate union members, which I was a member of at the time and was marketed as an additional benefit for XXXXXXXXXXXXXXXX XXXmembers.

11. On joining XXXX in or around jan 1999 a variety of promotional materials and XXX members magazine was sent to me. In these regular communications from XXX a printed application form and advertising leaflet for the XXXX was sent to me. The application form was completed by hand and I returned by mail to the Bank of Scotland. I believe that as this was a single document there was no copy of the agreement for me to retain, which is a breach of s62 Consumer Credit Act 1974, and the agreement is improperly executed.

12. I also believe that the terms and conditions applicable were not provided until the credit card was provided to the defendant. I recall receiving the card itself in around March 1999, and it had an accompanying booklet and having to complete and sign a further short tear off slip to confirm I agreed with the terms and conditions. Accordingly I believe that this is a breach of s61 (1)(a) Consumer Credit Act 1974 as the prescribed terms were not present at the point of signing and the application did not contain any of the prescribed terms. (Accordingly pursuant to s127 (3) Consumer Credit Act 1974 the Court may not make an enforcement order where there is a breach of s61 (1)(a) Consumer Credit Act 1974. )

13. The card was marketed as having specific card benefits for XXX members. These were a 0% introductory interest rate for purchases and balances for a time limited period, which I believe was 6 months, a competitive interest rate and a card protection scheme.

14. Further to Judge XXs order the Claimant as part of the document bundle supplied a reconstructed copy of the terms which were allegedly in force at the time of the alleged Default, Exhibit D,and a reconstructed copy of the terms they allege to be the current terms applicable to the account at the time of opening dated 10/98 on page 5 Exhibit E

15. There was an element of confusion when inspecting the terms and conditions documents as they have been annotated “orig” and “current” however it appears that they have been transposed at the original refers to the Consumer Protection {Distance Selling) Regulations 2000 or the Financial Services (Distance Marketing) Regulations 2004 which would not have been in force in 1999 and the terms annotated current are dated on page 5 as 10/98. I have therefore taken it there has been an administrative error and have taken the document dated 10/98 as the purported orginal prescribed terms

16. A copy of the original agreement signed by me with the prescribed terms and conditions in force at the time attached has not been supplied to me by the claimant.

17. I contend that the reconstructed Terms and Conditions are not a true copy of the Terms and Conditions applicable to the account at the time of the inception of the account . Exhibit D for the following reasons:

18. As stated the card was promoted for XXXXXXXXXXXXXXXX XXX members and nowhere in the document is the XXXXXXXXXXXXXXXX affinity card brand referenced and the reconstructed agreement does not show the approved credit limit at the time of opening the account


19. The specific 0% APR time limited introductory offer which was in place at the time and the conditions of the introductory offer are not included in the document the claimant states are the reconstructed original terms that were allegedly applicable to the account.

20. The document states the interest rates under section 10 iii) “The APR is 19.9% for all transactions except Cash Advances for which the APR is 21.8%.” There is no mention of the 0% rate or the time frame for the promotional material, unlike in section 3.3 of the current terms they have supplied.


21. The reconstructed agreement does not contain a schedule of charges in relation to the credit card in section 10 iv the agreement stages “If the bank has cause to communicate with the Principal Cardholder as a result of a breach of this Agreement the Bank may debit the Card Account on each occasion with a charge in accordance with the current tariff which will be pre-notified to the Principal Cardholder”. The charge tariff applicable at the time which I believe was included in the original terms has not been supplied.

22. I contend that the Claimant (and/or the original creditor) has failed to satisfy my s78 CCA1974 request for valid copies of any valid agreement that they may have and that as a result of s78 (6) CCA 1974 the agreement is therefore unenforceable against me. To satisfy a s78 CCA 1974 request the documents sent must comply with the Consumer Credit (Cancelation Notices and Copies of Documents) Regulations 1983) (“the copy documents regs 1983”).


23. Included in the paper work they sent to me on 31^st July 2014 The Claimant supplied a template of the Default Notice they state was sent to me on XXX February 2011 and a print out from their system showing it had been registered on the account Exhibits F and G.

24. The Default Notice supplied states that 28 days to bring the account into order are allowed.

25. However my current credit file shows that the account they refer to was defaulted on or before the XXX February 2011 allowing only 9 calendar days between issue and the recording of the default therefore I was not given the required 28 days to bring my account into order. Exhibit H

26. The example Default Notice sent to me refers to Clause 2.2 of the Terms and Conditions, as ' contain details of the minimum payment you must make each month' However Clause 2.2 of the Current Terms provided by the Claimant Exhibit E does not relate to 'minimum payment' instead refers to the order that a payment is applied to different transactions and related interest rates. Clause 2.2 of the Original Terms provided by the Claimant Exhibit D refers to “The Cheques” and how they are to be used.

27. Therefore I contend due to the inaccuracies highlighted in para x and x this brings into serious doubt whether the default notice supplied accurately demonstrates that which is alleged to have been sent by the Original Creditor.

28. I assert that the Default notice produced fails to specify the information required Consumer Credit Default Enforcement and Termination Notices Regulations 1983 Regulation 2 and schedule 2 paragraphs 3(a-c) of the Regulations.

29. The claimant has failed to show me that a compliant default notice was served in relation to the alleged agreement pursuant to CCA s.87 & 88(1) thus giving a right to demand immediate repayment of the sums claimed.



30. The inconsistencies I have highlighted also lead me to bring into serious doubt that the reconstructed Terms and Conditions are a true copy of the Terms and Conditions applicable to the account or if they are that the Default Notice template supplied is inaccurate and not a true example of what would have been sent.

31. The Claimant has provided a statement of account from Dec 2007 in response to my statutory request. Some statements show 3 separate interest charges with no reference to what they represent.

32. As the account was started in 1999 this prevents me from assessing any charges or interest that may have been applied prior to this date. I believe that the account may have had PPI attached to it and that a number of charges were levied on to it post 2006 when I entered into financial difficulty.

33. Therefore I believe that the enforceability of the regulated agreement underpinning the debt is disputed as there are numerous breaches of the Consumer Credit Act as I have highlighted in this statement



Statement of Truth

I, LLL the Defendant, believe the facts stated within this Witness Statement to be true.

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

which is a breach of s62 Consumer Credit Act 1974, and the agreement is improperly executed.

No opinion for a witness statement.

I also believe

Good for you. Doesn't matter what you believe. Say it or don't say it but don't say you're guessing it.

Accordingly I believe that this is a breach of s61 (1)(a) Consumer Credit Act 1974 as the prescribed terms were not present at the point of signing and the application did not contain any of the prescribed terms. (Accordingly pursuant to s127 (3) Consumer Credit Act 1974 the Court may not make an enforcement order where there is a breach of s61 (1)(a) Consumer Credit Act 1974. )

Ditch this. It's a witness statement. Skeleton argument for law. The 2 are supposed to dovetail not repeat. That's what Dave +1 is for.

The card was marketed as having specific card benefits for XXX members. These were a 0% introductory interest rate for purchases and balances for a time limited period, which I believe was 6 months, a competitive interest rate and a card protection scheme.]

Ditch the believe.

15. There was an element of confusion when inspecting the terms and conditions documents as they have been annotated “orig” and “current” however it appears that they have been transposed at the original refers to the Consumer Protection {Distance Selling) Regulations 2000 or the Financial Services (Distance Marketing) Regulations 2004 which would not have been in force in 1999 and the terms annotated current are dated on page 5 as 10/98. I have therefore taken it there has been an administrative error and have taken the document dated 10/98 as the purported orginal prescribed terms

Explain there were 2 sets of T&Cs marked orig & current. Doesn't need any more as your skeleton will point out the errors.

16. A copy of the original agreement signed by me with the prescribed terms and conditions in force at the time attached has not been supplied to me by the claimant.

Maybe so be they don't need to send a signed copy.


17-22 are not witness statement material. That's legal stuff for a skeleton.

23. Included in the paper work they sent to me on 31^st July 2014 The Claimant supplied a template of the Default Notice they state was sent to me on XXX February 2011 and a print out from their system showing it had been registered on the account Exhibits F and G.

A default notice and CRA default are different things even if the CRA default warning is contained with in the CCA default notice.

24. The Default Notice supplied states that 28 days to bring the account into order are allowed.

You've introduced it as an exhibit so you really don't need to witness what it said as it's already evidence

25. However my current credit file shows that the account they refer to was defaulted on or before the XXX February 2011 allowing only 9 calendar days between issue and the recording of the default therefore I was not given the required 28 days to bring my account into order. Exhibit H

Upon checking my credit file Exhibit H, i discovered a default had been registered on xxxxx


26 - 30 = skeleton argument material.

Some statements show 3 separate interest charges with no reference to what they represent.

Delete. Not witness statement material.

32. As the account was started in 1999 this prevents me from assessing any charges or interest that may have been applied prior to this date. I believe that the account may have had PPI attached to it and that a number of charges were levied on to it post 2006 when I entered into financial difficulty.

33. Therefore I believe that the enforceability of the regulated agreement underpinning the debt is disputed as there are numerous breaches of the Consumer Credit Act as I have highlighted in this statement

32 is for a counterclaim and as you've A. Not done that B. No evidence to do so, it's pointless.

33. is opinion not witness evidence.

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Thanks M1 - i really appreciate you going over this ! your comments are really helpful as this part is so difficult !
Right third times a charm i guess ,, will amend as per your comments and post again

Huge thanks

LLLL

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Hi All

Have had another go at a WS - sorry for the delay was struck down with an awful bug, no energy to do anything. Good job i started on this nice and early!!!

I think i have finally got it through my thick skull what a WS is, and how it should be written. - so NO opinion, NO case law - Just the facts of what happened.

question : should i state that i was in financial difficulty and in a dmp from 2006 and that they kept wacking charges and interest on so i never got a chance to bring the balance down???


your comments and guidance would be very much appreciated THANK YOU

LLL


In the XXXXX CLAIM NO: XXXX

BETWEEN:

Claimant
and
Lowlowlola
Defendant
_________________________________

WITNESS STATEMENT
_________________________________
1.


Lowlowlolaxxxxxxxxxxxx being the Defendant in this case will state as follows;



2. I make this Witness Statement in support of *********************

3. I received a claim against me dated February 2014 which I acknowledge service of via MCOL.

4. The claim is for a Credit Agreement regulated under the Consumer Credit Act 1974.

5. The Statement of Case in the claim was vague, stating only that a credit agreement was held by the Defendant with Lloyds banking group and gave very few details as to what it related to therefore I was unable to assess my position with regards to any alleged debt

6. I have had past banking products with Lloyds Banking Group subsidiary companies including TSB and Bank of Scotland, however the account numbers they gave and the amount stated on the claim form did not relate to any account information I had.

7. On 24^th February 2014 I made a written request to the Claimant’s solicitors pursuant to CPR 31.14. requesting that the Claimant provides copies of all documents mentioned in the statement of case and to show how the total sum owed was arrived at. Exhibits XX

8. On the same date I also sent a request to the claimant, as creditor, under section 77-79 of the Consumer Credit Act 1974 for a copy of the Consumer Credit Agreement (Exhibit B) with payment for £1.

9. On 17^th March 2014 at 9am I called the Claimant’s solicitors and spoke to their representative who agreed to an extension under CPR 15.5 by 28 days from my original date (22^nd March 2014) to submit my defence to 18^th April 2014

10. As The Claimants solicitors failed to produce documents which left me unable to defend the claim and I sought a N244 unless order on 11th April 2014.

11. Further to an order being granted on 4^th July 2014 the documents purporting to be those mentioned in the particulars of claim were produced on 31 July 2014 by the claimant and I received them via ordinary post on 4^th August. Exhibits XX XX

12. On inspection of the documents it was apparent to me that the claim referred to an XXXXXXXXXXXXXXXX affinity credit card once held with Bank of Scotland, opened in March 1999.

13. The card referred to in the documents produced was specifically for XXXXXXXXXXXXXXXX XXX and associate union members, which I was a member of at the time and was marketed as an additional benefit for XXXXXXXXXXXXXXXX XXX members.

14. On joining XXXX in or around January 1999 a variety of promotional materials and XXX member's magazine were sent to me. In these regular communications from XXX a printed application form and advertising leaflet for the XXXX credit card was included.

15. The card was marketed as having specific card benefits for XXX members. These included a 0% introductory interest rate for purchases and balances for a time limited period, a competitive interest rate and a card protection scheme.

16. I completed the application form by hand and I returned it by royal mail to the Bank of Scotland. I recall that that this was a single document and there was no copy of the agreement or terms and conditions for me to retain.

17. I recall receiving the card itself in or around March 1999, which was attached to a printed form which stated the credit limit and had a short tear off slip to complete, sign and return to confirm that I had received the card.

18. The terms and conditions applicable to the card were sent with the card in the same envelope.

19. Further to Judge XXs order the Claimant as part of the document bundle supplied two documents a reconstructed copy of the terms which were allegedly in force at the time of the alleged Default, Exhibit D,and a reconstructed copy of the terms they allege to be the current terms applicable to the account at the time of opening dated 10/98 on page 5 of the document Exhibit E

20. Included in the paper work they sent to me on 31^st July 2014 The Claimant supplied a template of the Default Notice they state was sent to me on 7 February 2011 and a print out from their system showing it had been registered on the account Exhibits F and G.

21. Upon checking my credit file shows that the account they refer to was defaulted on or before the 16 February 2011 Exhibit H

22. I submitted my defence on 22^nd August 2014 which was received by the court on 23^rd August.

23. As I had not heard from the Defendant or the defendants solicitor I contacted the court on 25t September who confirmed that the case was stayed

24. On 3^rd November I received an order from the court that the claim had been allocated to the small claim track and each party is file a witness statement by 11^th December


25. To date I have not received notification that they wish to continue with the case, or any additional correspondence from the claimant or directions form to complete.


Statement of Truth

I, LLL the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

I think i have finally got it through my thick skull what a WS is, and how it should be written. - so NO opinion, NO case law - Just the facts of what happened.

Many of us have done it, and some still do, but when you learn the right way it makes sense :okay:

16,17,18 - obvious question which the claimant should investigate and you should probably include so you don't look shifty, did you get anything in between the sending away and receipt of the card ? Did you sign the tear off slip and send it away ?


21 - I wouldn't remove it but i remind you a cra default has little to do with a default notice under CCA.

question : should i state that i was in financial difficulty and in a dmp from 2006 and that they kept wacking charges and interest on so i never got a chance to bring the balance down???

It may get you sympathy but unless it's going to form part of an unfairness defence it's not a big deal, IMHO.

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Ha ! thanks m1

no i distinctly remember getting the card as I was shocked at the credit limit I don't recall getting any acknowledgement. Yes I did sign the slip and returned it to them via post ill pop that in. I remember doing it and hesitating at the post box !

Thanks. M1 am so grateful

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

All you can do is put the blocks in the correct place and hope the judge doesn't have a bulldozer. :okay:

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Ha ! Yes I am fully aware of the judicial lottery.

Thanks m1 you're a hero !!!

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

quick question - I refer to a number of documents in my WS that the court have already received as part of my defence (i have nothing new to add) - do I submit these again or refer to the as exhibit A etc already submitted with the defence?

thank you!!

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

Refer to them as already labelled or it'll confuse everyone including you.

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

TA M! - so submit WS and no additional paper work - that'll make the postage cheaper !