CCJ Iminent

[nemesis45]

Re: CCJ Iminent

Ok nem. So i've sent an email to Cohens. Pretty much following along the lines of what you said :-

Dear Sir.
Re: (Hoist Portfolio Holdings 2 Ltd) v (-----------------------)
Claim No: -----------
Having had a look through your Witness Statement and finally getting to see documents requested in June but only supplied now with your Witness Statement. I suggest you invite your Client to withdraw the claim as the alleged agreement relating to the alleged debt does not comply with the requirements of CCA 1974, in that all parts of it must be easily legible. This “agreement “ is it seems, totally Illegible.
Furthermore, your Witness Statement does not appear to support the Claim and is a contradiction in itself.
Yours Sincerely
The Missus

Hope this is right. Hope it has some effect even. If they're true to form they will completely ignore it!!
Will send a letter follow up soon as you can help me out.
Much Appreciated.

Go for it they are bound to reply !!
nem

[daidog]

Re: CCJ Iminent

Ok. so I was wondering... the hearing is next week. how do I go about changing my defence?
Initially I put in an embarrassed defence (no documentation supplied), but now I've got them I need to say what is wrong with them etc. How do I go about doing this in court?
In my original defence I put " In the event that the relevant documents are received from the Claimants, I will then be in a position to amend my defence and would ask that the Claimants bear the costs of the amendment" Is there a form I need to fill for this for the court?
Don't seem to have an awful lot of time left!

[daidog]

Re: CCJ Iminent

BTW. Will be asking the Court if I can represent the missus when she attends the hearing as a Lay Representative. (She is just not clued up on all this at all). Is that likely to be a viable option. I think it depends on the discretion of the Judge? Is that right.

[nemesis45]

Re: CCJ Iminent

BTW. Will be asking the Court if I can represent the missus when she attends the hearing as a Lay Representative. (She is just not clued up on all this at all). Is that likely to be a viable option. I think it depends on the discretion of the Judge? Is that right.

You can attend the hearing to support her it will be up to the judge on the day to decide id you are allowed to speak.

nem

[daidog]

Re: CCJ Iminent

Ok. so I was wondering... the hearing is next week. how do I go about changing my defence?
Initially I put in an embarrassed defence (no documentation supplied), but now I've got them I need to say what is wrong with them etc. How do I go about doing this in court?
In my original defence I put " In the event that the relevant documents are received from the Claimants, I will then be in a position to amend my defence and would ask that the Claimants bear the costs of the amendment" Is there a form I need to fill for this for the court?
Don't seem to have an awful lot of time left!

Anyone got any Ideas?

[daidog]

Re: CCJ Iminent

@nemesis45 ??

[daidog]

Re: CCJ Iminent

Just been looking through T's & C's they supplied.
There is only one set. (Doesn't there have to be sets for start and finish of the account?
Pages are not all numbered although there are consecutive numbered paragraphs.
Do the T's & C's have to have a Name and address in them or is it just the application form? (which is obviously not from the same source as the T's & C's. Application form is a photocopy of the original, T & C's are in a printed format)
Are these viable arguments to also use in court?

[nemesis45]

Re: CCJ Iminent

Just been looking through T's & C's they supplied.
There is only one set. (Doesn't there have to be sets for start and finish of the account?
Pages are not all numbered although there are consecutive numbered paragraphs.
Do the T's & C's have to have a Name and address in them or is it just the application form? (which is obviously not from the same source as the T's & C's. Application form is a photocopy of the original, T & C's are in a printed format)
Are these viable arguments to also use in court?

1. Yes two sets of Ts & C's for a reconstituted agreement.
2. The name and address on a recon must be the one relevant when the account was opened.
3. An application form does not mean necessarily that an account was opened unless notations
upon it show that the credit facility was approved and provided.

Do we have copy of the app form here?

nem

[daidog]

Re: CCJ Iminent

Hi nem.
Yes the application is attached in post #7. It is not a recon. Looks like the original
Sorry... for "application" read Agreement! my mistake. The pdf file is a true likeness of what they supplied. ie unreadable!

[daidog]

Re: CCJ Iminent

Ok. so I was wondering... the hearing is next week. how do I go about changing my defence?
Initially I put in an embarrassed defence (no documentation supplied), but now I've got them I need to say what is wrong with them etc. How do I go about doing this in court?
In my original defence I put " In the event that the relevant documents are received from the Claimants, I will then be in a position to amend my defence and would ask that the Claimants bear the costs of the amendment" Do I need to do something about this before going to court or can I just bring it up in front of the judge?
Don't seem to have an awful lot of time left, in court next Thursday.

[daidog]

Re: CCJ Iminent

Anyone???

[Kati]

Re: CCJ Iminent

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: CCJ Iminent

Ok. so I was wondering... the hearing is next week. how do I go about changing my defence?
Initially I put in an embarrassed defence (no documentation supplied), but now I've got them I need to say what is wrong with them etc. How do I go about doing this in court?
In my original defence I put " In the event that the relevant documents are received from the Claimants, I will then be in a position to amend my defence and would ask that the Claimants bear the costs of the amendment" Do I need to do something about this before going to court or can I just bring it up in front of the judge?
Don't seem to have an awful lot of time left, in court next Thursday.

Have you made your witness statement ?
You could add :

Due to the late disclosure of documents by the claimant
I ask the court to admit the following statement.

Amended Witness Statement of: The Defendant.

Your name
Your address.

Claim No.

On date............................ I received the attached document from ................... ( Exhibit No x) This purports to be a true copy of the agreement relevant to this claim.

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.

Statement of truth.

The defendant believes the statement above is the truth to the best of his knowledge.

Signed............................................ .............. Defendant Dated............................................. ......:

The Defendant


Type up, send a copy of this to the claimants Solicitors and the Court
by 1st class signed for post.

Make 3 copies of the illegible agreement 1 Court 1 Claimant 1 for you Numbered as Exhibit No..........:
At this late date include this with amendment to the WS.

NEM

- - - Updated - - -

:bump: for @nemesis45 xx

DONE:tinysmile_twink_t2: nem xx

[daidog]

Re: CCJ Iminent

Ok thanks nem.
It is a bit late. Due in court day after tomorrow! The court should already have a copy of the agreement as an exhibit by the claimant. Would it be ok to take the amended ws in when I go to court. Court venue has been changed today to another local court. Same time, same day though. Will still post copy of amended ws to Claimants solicitors.

[nemesis45]

Re: CCJ Iminent

Ok thanks nem.
It is a bit late. Due in court day after tomorrow! The court should already have a copy of the agreement as an exhibit by the claimant. Would it be ok to take the amended ws in when I go to court. Court venue has been changed today to another local court. Same time, same day though. Will still post copy of amended ws to Claimants solicitors.

Ok still type up the amendment and take them and the copies to court with you.

nem