MONKEYMOO COURT CLAIM THREAD

[Amethyst]

Re: MONKEYMOO COURT CLAIM THREAD

They do still need to provide the documents and if they don't/won't/can't then most often they discontinue before, or sometimes just after, Witness Statements have been exchanged. There are lots of examples on here of the relevant witness statements - some here for reference http://legalbeagles.info/forums/show...ness-Statement

Basically now you wait and see if they come up with any documents and let us know if you receive anything from the claimant or the court

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

They do still need to provide the documents and if they don't/won't/can't then most often they discontinue before, or sometimes just after, Witness Statements have been exchanged. There are lots of examples on here of the relevant witness statements - some here for reference http://legalbeagles.info/forums/show...ness-Statement

Basically now you wait and see if they come up with any documents and let us know if you receive anything from the claimant or the court

THank you so so much

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

From reading threads here and there it seems mediation often contact you to see if you have all the necessary documents to go forward, if not tell them you haven't.

Hi Guys

i received my letter from the local court, about filling in a witness statement and sending it in the the month. What am I supposed to write? Should I include about the £1 being allocated to the debt? The fact that I have requested documents and never received them? Anything else? And are there any templates? Thank you

[warwick65]

Re: MONKEYMOO COURT CLAIM THREAD

Hi
The WS is now your chance to fully explain your stance



Can I just check- have they sent you a copy of the agreement, DN or notice of assignment

If not all these factors need including in you witness statement Obviously the £1 is really irrelevant unless the claimant tries to use this as a reason for you acknowledging the debt, however, I think you should mention it when discussing your CCA request.

As far as I can see you need to focus in no response to your CCA request, No default notice , no notice of assignment and follow this up with you need the deed of assignment to prove they have the right to bring such a claim

I would wait until near the deadline before sending in your WS because they might send you theirs in which case if there is anything you disagree with you can question it.

I saw you were considering BR, how much are your debts , if under 20K a Debt relief order is cheaper - basically BR light . Not saying you should just to consider

Hope this helps

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

I have received nothing from them, other than a letter from the creditor to say they have allocated my £1 to the debt despite my CCA request saying not to do so. Okay I will send it recorded 2 days before the given date. They are over 20k so I'm thinking bankruptcy would be the best thing when I have saved the money. Thank you for your help.

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

Hi
The WS is now your chance to fully explain your stance



Can I just check- have they sent you a copy of the agreement, DN or notice of assignment

If not all these factors need including in you witness statement Obviously the £1 is really irrelevant unless the claimant tries to use this as a reason for you acknowledging the debt, however, I think you should mention it when discussing your CCA request.

As far as I can see you need to focus in no response to your CCA request, No default notice , no notice of assignment and follow this up with you need the deed of assignment to prove they have the right to bring such a claim

I would wait until near the deadline before sending in your WS because they might send you theirs in which case if there is anything you disagree with you can question it.

I saw you were considering BR, how much are your debts , if under 20K a Debt relief order is cheaper - basically BR light . Not saying you should just to consider

Hope this helps

Hi guys


here is a copy of my witness statements that is due the end of next week, I still have received no correspondace from either solicotrs or claimants, am I being a little hopeful?

########################
Claim No. ######

BETWEEN:
######
Claimant
- and –
Defendant
##########

_________________________________

WITNESS STATEMENT OF ##########
_________________________________




I ######## of ###################### being the Defendant in this case will state as follows;


1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. On ######### I made a written request to the Claimant solicitors, #######################################, requesting that the Claimant provides copies of all documents mentioned in the statement of case. [EXHIBIT A- INCLUDES PROOF OF POSTAGE]

3. On ##########, I received a letter from ###### Debt collectors (the first letter I have ever received from Robinson Way) stating that the £1 statutory fee for the CCA request had been allocated to a debt, that I have neither acknowledged or allowed any payment to be assigned to. This was stipulated in my original request on the #########. [EXHIBIT B]

4: On the ######### another letter was sent ####################### requesting inspection of the 1. Agreement 2. Default Notice 3. Notice of Assignment. To this date nothing has been received by the claimants or their solicitors. [EXHIBIT C- INLCUDES PROOF OF POSTAGE]




5: On the ################ I emailed my defence to the Northampton County Court Business Centre email address. [EXHIBIT D]

6: To this date I have received no correspondence from either claimant or their solicitors to two of my requests for information.

7: I believe the claimant cannot enforce this debt as requests have been ignored for all the original documents and I have been unable to acknowledge this debt as I am unaware what it is for.


Statement of Truth

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


Signed: ________________________________

Dated:

[warwick65]

Re: MONKEYMOO COURT CLAIM THREAD

Hi

Sorry not to have got back to you earlier but had a busy couple of days.

If you haven't sent the WS off I would begin with an overview of what the case is about so how a claim was received on, from, acknowledged etc

Here are a few other WS and examples http://legalbeagles.info/forums/show...ness-Statement

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

Hi

Sorry not to have got back to you earlier but had a busy couple of days.

If you haven't sent the WS off I would begin with an overview of what the case is about so how a claim was received on, from, acknowledged etc

Here are a few other WS and examples http://legalbeagles.info/forums/show...ness-Statement

Hello, no problem, many thanks for the reply.

I have added the following. The witness statement is due on the 29th at 4pm. If I send it on Tuesday recorded I am thinking this will get to both the court and Howard on Wednesday or Thursday.

This witness statement is for an agreement for monies owed under agreement number ######### pursuant to The Consumer Credit Act 1974(CCA). The debt was legally assigned to ###############). I have had no correspondence nor a default notice from MKDP LLP. I do not hold any credit agreement for the above-mentioned debt.
3. The first letter I received in respect of the default was on or around the ################# which was a notice of pending legal action.

Is that enough?

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

Hello, no problem, many thanks for the reply.

I have added the following. The witness statement is due on the 29th at 4pm. If I send it on Tuesday recorded I am thinking this will get to both the court and Howard on Wednesday or Thursday.

This witness statement is for an agreement for monies owed under agreement number ######### pursuant to The Consumer Credit Act 1974(CCA). The debt was legally assigned to ###############). I have had no correspondence nor a default notice from MKDP LLP. I do not hold any credit agreement for the above-mentioned debt.
3. The first letter I received in respect of the default was on or around the ################# which was a notice of pending legal action.

Is that enough?

Hi all, just wondering if anyone can think if I need to add any more? Need to print off and post by tomorrow. Thank you

[monkeymoo]

Re: MONKEYMOO COURT CLAIM THREAD

Hi all.
I have after reieving a court order to pay the full amount and discussing this with my husband decided to go bankrupt once I fill in all the forms. I'm an emotional wreck with stress and so frustrated with myself for not dealing with this many many years ago. I have a few sections on the form I need help with such as beneficial interest, my husband owns the property we live in I do not pay the mortgage nor did I contribute towards the deposit. I have however in the past looked after the kids in the house for 2 days a week they are now in school/ nursery full time. I have been told that sue to the fact I have looked after them I might have benedicial interest is this correct? can anyone point me in the right direction? where I can get advise from I have spoken to step change and national debtline but they cannot offer me any more rhab I may have interest, Do I select yes or no?

[Kati]

Re: MONKEYMOO COURT CLAIM THREAD

[MENTION=48934]Debt Camel[/MENTION] maybe??

[Debt Camel]

Re: MONKEYMOO COURT CLAIM THREAD

This is a very long thread - can I ask if you have other debts apart from this one which is for c £6k?

Can I ask where this suggestion about beneficial equity arising from child minding came from?

[warwick65]

Re: MONKEYMOO COURT CLAIM THREAD

After your WS did you get a court date and did you attend?