Court hearing imminent

[monoko]

Re: Court hearing imminent

Hey, I am not an expert but I would avoid using word "I" in connection with any debt:
"So in a 10 year period I have not paid or acknowledged any such debt."

I would rephrase any such things with passive forms: "money has not been paid", "nothing has been paid", "debt has not been acknowledged" or something to that effect.

Good Luck

[sam17]

Re: Court hearing imminent

Thanks for that, no doubt I'll end up changing all sorts....
In fact, I'm not sure whether to send at all and just send the witness statement in time, with a simple 'not received anything from the claimant...etc'
But there again they may well have sent to the court, but not to me, or my copy may arrive late.
Could I just call the court and ask if they have received from claimant. Then explain I haven't got mine?

[sam17]

Re: Court hearing imminent

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[monoko]

Re: Court hearing imminent

Originals have not been required for a few years now and reconstituted true copy can be provided.
It doesn't need to be printed, it can be handwritten by bank clerk. Doesn't matter. Matter what is in all the boxes, not who and how has written into them. That is my understanding. Your signature is the only thing which cannot be done by anyone bar you but then again it is not required for reconstituted copy to be signed.

[charitynjw]

Re: Court hearing imminent

Hi

The claimant has now 'found' a copy of the cca, however it is one I have not seen before nor did I sign it.(not my handwriting

For clarity, are you saying that there is no signature at all in the 'customer' box?

The application does not appear to belong to the cca.

Could you expand on this?

[nemesis45]

Re: Court hearing imminent

Hello again,
The claimant has now 'found' a copy of the cca, however it is one I have not seen before nor did I sign it.(not my handwriting) The claimant has stated it is a true copy of the original. The judge has ordered that all original documents be brought to the hearing next month. At the top of the form it says Banks Copy and my name and address are printed. Can they (the claimant) say this was printed on after I sent it but is the original document. Surely any real original would have my handwriting in the name address fields. The claimant also sends the supposed application form, again all printed but not signed or dated. The creditor has not signed the cca.

The application does not appear to belong to the cca.
thanks

Hello Sam,

Do you have any terms and conditions?

It does sound as if they have attempted to produce a " Reconstituted" copy of the agreement and that needs the following elements.

1. Your name and address as it was when the account was opened. When was this?

2. The creditors details as above.

3. The Terms & Conditions relevant when the account was opened.

4. As above at closure.

5. Any other documents mentioned in said T's & C's. e.g. The T's & C's booklets often sent out with a new credit card.


And each part must be easily legible.

I you can post a copy of the agreement here we can look into it's viability.

nem

[Diana M]

Re: Court hearing imminent

The claimant has now 'found' a copy of the cca

Did they also manage to 'find' the Default Notice so as to comply fully with the court Order

This is the letter from the court . . . .

General Form of Judgement or Order
Before District Judge… sitting at the ……
Upon referral to the District Judge
IT IS ORDERED THAT
1, The claimant shall by 4pm 10 October file at the court and send to the defendant a copy of the credit agreement with ……bank or if no longer available a reconstituted copy and a copy of the default notice served and the account history.
2, Upon receipt of the documents the defendant shall by 4pm 24 October send to the court and the claimant an amended defence.

Who was the original creditor, who is the Claimant (creditor) and who are the instructed solicitors?

Di

[charitynjw]

Re: Court hearing imminent

IT IS ORDERED THAT
The claimant shall by 4pm 7 October file at the court and send to the defendant a copy of the credit agreement with xxxBank or if no longer available a reconstituted copy and a copy of the default notice served and the account history.

Out of the blue I received a county court order for an alleged debt (account date) Feb 2006.

Post #1

[Diana M]

Re: Court hearing imminent

a copy of the cca, however it is one I have not seen before nor did I sign it.(not my handwriting) The claimant has stated it is a true copy of the original. . . . . . At the top of the form it says Banks Copy and my name and address are printed. Can they (the claimant) say this was printed on after I sent it but is the original document. Surely any real original would have my handwriting in the name address fields. The claimant also sends the supposed application form, again all printed but not signed or dated. The creditor has not signed the cca.

The application does not appear to belong to the cca.

Might this have been an online application? A 'tick box' will suffice for a signature if it was after 2005.

Di

[nemesis45]

Re: Court hearing imminent

Sam do you have the items mentioned post #21.

nem

[Diana M]

Re: Court hearing imminent

I filed my defence stating I do not acknowledge the debt, I have not made any payments or signed any agreement with the plaintiff for more than 6-yrs.

. . . . I was 100% sure this alleged debt was statute barred, however after recently seeing online my credit file, a default was issued in Nov. 2010 which according to the default leaves me a few months short of the limitations.

. . . I am absolutely certain I have made no payments . . .

It appears you pleaded the debt was Statute Barred in your Defence. You seem certain it is.

Has the current creditor (Claimant) attempted to say otherwise either before you filed your Defence (if you raised the issue with them previously) or afterwards?

Don't be overly concerned about the date a default is registered on your CRA file. Barclaycard have a reputation of doing this up to two years after an account has been actually defaulted.

Di

[nemesis45]

Re: Court hearing imminent

Sam can you post a copy of what you have actually received please.

If you have a problem doing this I'm sure [MENTION=49370]Kati[/MENTION] will be able to help.

We are talking around something that may well be unenforceable at present.

nem

[sam17]

Re: Court hearing imminent

,,,,,,,,,,,,,,,,

[Diana M]

Re: Court hearing imminent

They have not provided a copy of the default notice.

Then they've not complied with that court Order

Di

[nemesis45]

Re: Court hearing imminent

moniko...the judge has ordered the original document to be shown at the hearing, the claim is for pre April 2006.

The copy they supplied me cannot be original (although claimed to be) because it shows my name and address printed (typed), the date is hand written but not my handwriting I do not recognise the signature as my own. They have not provided a copy of the default notice.

No tick box, not online application.

They have sent a cobbled together account history where they claim I made a payment in July 2010, hence I think a 'mistake' has been made with the date on the cca. The account history does not show where it came from, plus the first 2yrs are missing....will try to upload later

Thank you Sam!

nem