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Re: CCJ Iminent
Cheers @nemesis45
Have put up a copy of the amended WS, with a few extras added. Would you be so kind as to let me have your thoughts.
If this is ok I will send copy to Cohens first thing in the morning. I could get a copy hand delivered to the court tomorrow as well as I am passing anyway.
IN THE ............. COUNTY COURT
Due to the late disclosure of documents by the claimant,
I ask the court to admit the following statement:-
2. The defendant avers that this document does not comply with the provisions of CCA 1974 and is unenforceable because it is illegible / not easily legible in all parts.
3. The defendant also received a single printed set of terms and conditions for the above document. (Claimants exhibit)
4. Any terms and conditions supplied with an agreement should include any amendments made to those terms and conditions for the duration of the account and at the very least should include a separate set of terms and conditions relevant at the close of the account.
5. The defendant believes that the claimant has deliberately withheld documents from the defendant which were asked for as far back as June. A print date of 30th June 2015 can be seen at the top of (claimant exhibit) Transaction Summary.
6. The defendant also believes the claimant is trying to mislead the Court with their Witness Statement Paragraph 9 “Furthermore the Defendant refers to section 78 of the Consumer Credit Act 1974, however, section 78 only refers to running credit agreements in any event”
7. It is correct that section 78 refers to running credit agreements, but to infer that this is not applicable to the defendant is wrong. The claim is for an alleged credit card debt, which is by definition, a running credit agreement.
Statement of Truth
I the defendant, believe the statement above is the truth to the best of my knowledge.
Signed: ________________________________
Dated:
Cheers @nemesis45
Have put up a copy of the amended WS, with a few extras added. Would you be so kind as to let me have your thoughts.
If this is ok I will send copy to Cohens first thing in the morning. I could get a copy hand delivered to the court tomorrow as well as I am passing anyway.
IN THE ............. COUNTY COURT
Due to the late disclosure of documents by the claimant,
I ask the court to admit the following statement:-
Claim No
BETWEEN:
HOIST PORTFOLIO 2 LTD – Claimant
- and –
-Defendant
_________________________________
AMENDED WITNESS STATEMENT OF: The Defendant
_________________________________
1. On the 27th November 2015, I received document (Claimants exhibit). This purports to be a true copy of the agreement relevant to this claim.BETWEEN:
HOIST PORTFOLIO 2 LTD – Claimant
- and –
-Defendant
_________________________________
AMENDED WITNESS STATEMENT OF: The Defendant
_________________________________
2. The defendant avers that this document does not comply with the provisions of CCA 1974 and is unenforceable because it is illegible / not easily legible in all parts.
3. The defendant also received a single printed set of terms and conditions for the above document. (Claimants exhibit)
4. Any terms and conditions supplied with an agreement should include any amendments made to those terms and conditions for the duration of the account and at the very least should include a separate set of terms and conditions relevant at the close of the account.
5. The defendant believes that the claimant has deliberately withheld documents from the defendant which were asked for as far back as June. A print date of 30th June 2015 can be seen at the top of (claimant exhibit) Transaction Summary.
6. The defendant also believes the claimant is trying to mislead the Court with their Witness Statement Paragraph 9 “Furthermore the Defendant refers to section 78 of the Consumer Credit Act 1974, however, section 78 only refers to running credit agreements in any event”
7. It is correct that section 78 refers to running credit agreements, but to infer that this is not applicable to the defendant is wrong. The claim is for an alleged credit card debt, which is by definition, a running credit agreement.
Statement of Truth
I the defendant, believe the statement above is the truth to the best of my knowledge.
Signed: ________________________________
Dated:
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