Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

By the way, I suggest this course of action because

(a) it’s what the judge has ordered, and

(b) it’s the strongest chance you have to win,

because I believe they can overcome the stayed claim issue in the long-term.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Here is the N244

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Well well – I was right. They REALLY want the extension because they can’t get the documents.

They should not have issued the claim without the documents. It invalidates their statement of truth.

You MUST oppose this application! There most certainly is prejudice against you – there is an outstanding CCA request, you have suffered litigation before, and they came to the courts unprepared. You could almost quote Mitchell in your opposition.

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Suggest you PM a few heavyweights to get more opinion on this. You have a chance to blow them away. May even be worth getting a solicitor involved to draw up your N244.

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

The more I read that application, the more angry I get. The ‘overriding objective’ stuff is just sick-making.

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Actually, you don’t need an N244 – just a witness statement. Start putting your points together. You need to act fast.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

They have been trying to call me , then asking me to supply the information by email despite fobbing me off when I sent a cca request , anyway I emailed them a copy of the original claim and a copy of the letter from Cabot that states they are putting the account on hold , how do I go about contacting the court regarding the n244

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

As mentioned, you don’t actually need an N244. You need to produce a witness statement saying why you oppose this application, then file and serve – a copy to the court, and a copy to them.

I think you have them on the ropes. They have effectively admitted they can’t get the documents on which their claim is based. Look at the detail of some recent(ish) judgments, such as Mitchell and MKDP, where judges have not been impressed by claimants who fail to comply with orders or are not masters of their own claim’s basis (have a look here on pt2537’s blog for some good pointers — https://consumercreditlitigationandd...wordpress.com/ ).Coming to court without a fully-formed case but issuing a statement of truth based on documents you don’t have is arguably an abuse of process, IMHO.

The previous claimant could not get the documents together to continue the claim, and it appears the new claimant is equally incapable of doing so, as evidenced by their application.

This situation is highly unfair to you – there are too many bites at the cherry for the multiple claimants.

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Yes you should respond to the application with a Witness Statement opposing their application as Don Quitoxe recommends.

[Don Quixote]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Draft your reasons and post the WS here as soon as you can – we can help get it spot on and maybe add case law to swing it.

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

I'll have a go later as I'm really busy at work till 8pm , if I'm honest I don't know where to start though but I found some guidelines to go off .
thanks very much for your help

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

This is way above my skill set but I have made an effort , can you please have a look and amend or give me some pointers please .


IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

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


1. on 09/03/2015 the claimants solicitor sent me by way of email a copy of a n244 request to delay a request by district judge Stephenson for evidence to support claim.

2. in effect the claimants solicitor is admitting they do not hold the the evidence on which the claim is made

3. the claimants solicitor has sworn on a witness statement on the claim form to have a fully formed case yet request more time to get documentation together , an abuse of process in itself .

4. I have by way of post recieved a letter from the claimant stating that they cannot supply me with my cpr31.14 request and that the account is unenforceable and as such the account will be placed on hold and they would not be seeking judgment against me , yet the claimants solicitor continues to push on.

5. I think with the above facts the only cause of action would be to refuse the 60 day extension that has been applied for .




Statement of Truth

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


Signed: ________________________________

Dated:

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Don't put yourself down, it's a tough thing to get right first time and you've done great, just having a bit of a play with it for you xx

[Amethyst]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Okay, mine's a bit crap too, so ignore for now It needs some mitchell sanctions bits adding in... and wait for Don Quixote to have a look at it tmw too, I might give @mystery1 a nudge to have a look as he likes relief from sanctions issues lol.



IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant will state as follows;

1: I make this statement in opposition of the claimants application dated xxxxxxxxxxxxxxxxxxx for relief from sanctions (can you say it like that?)

2: I am a litigant in person in this case.

2: On 24th February 2015 District Judge Stephenson sitting at the County Court at Scunthorpe ordered [EXHIBIT A] that the Claimant files and services full particulars of the claim XXXXXX by 11 March 2014 (provided this claim exists) this claim be struck out.

3: The Claimant has failed to comply with this Order.

4: District Judge Stephenson also ordered that the Claimant file and serve a copy of the original credit agreement, a copy notice of assignment and a breakdown of the sum of £12,492.97 to include dates of sums involved and interest calculations, by 18th March 2015.

5. The Claimant set the timescales in this case by bringing the claim. The Claimant's statement of case relies on documents of which it has not had sight of before commencing court action.

6: I have previously given the Claimant evidence that the matter at hand is being dealt with under a different claim, Claim XXXXXX. [EXHIBIT B] The Claimant responded that ''Unfortunately we cannot accept letters from Solicitors as evidence of the status of a claim'' I have spoken to the Court and they have confirmed the case is on hold.

7: The previous Claim XXXXX was bought by the original creditor, Yorkshire Bank Plc, through Jeremy Sutcliffe solicitors. The claim is currently stayed at Northampton County Court Business Centre due to the Claimant in that case failing to provide any copies of documents in the case.

8: On xx/xx/xxxx I received a letter from the Claimant [EXHIBIT C] stating that they cannot supply me with a copy of the original credit agreement and that the account is unenforceable under s.78 of the Consumer Credit Act 1974 and as such the account will be placed on hold and they would not be seeking judgment against me.

9. I respectfully request the court refuse permission for the Claimant to delay the proceedings further and proceed with striking out the claim.

Statement of Truth

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


Signed: ________________________________

Dated:

[Diggs]

Re: Court Claim - Cabot / Yorkshire bank credit card - 24-11-2014

Wow , that's fantastic , I wish I'd took more notice at school lol