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Re: N164 Appeal help
And remember THIS is all the judge had on your side of the case
Can you explain to me what your defence is ?
Are there any issues with the overdraft ? eg unfair charges ? etc
And remember THIS is all the judge had on your side of the case
The Defendants dispute the full amount claimed by the claimant
The claimant has never supplied the Defendants with any Terms and Conditions of any kind, therefore the Defendants could not be cognisant of any charges to be applied either during the tenure of the supposed debt.
The Defendants requires the Claimant to disclose upon appearance in Court, all documents which he intends to rely upon to prove and/or substantiate his claim. This should include a Deed of Assignment, any applicable Deed of Tripartite Novation and a true copy of the Original Consumer Credit Agreement. The Consumer Credit Agreement is of particular importance, as the Defendants never received any Terms and Conditions pertaining to said agreement, therefore cannot be aware of any conditions allowing the Claimant to purchase said agreement, or impose any other charges, interest or fees associated with any applicable condition within said agreement, of which the Defendants cannot possibly have any knowledge thereof.
The Defendants requires the Claimant to produce in court, all copies of all correspondence sent by the Defendants refuting the Claimant's claims of ownership and right to pursue the Defendants for any debt, alleged or real.
In conclusion, the Claimant was offered every possible avenue to provide proof of claim by the Defendants, but failed to do so and now relies upon the court to enforce a judgement, , without the relevant means to do so, whereby the lack of terms and conditions not supplied has disallowed the Defendants any insight or knowledge of any such terms or conditions that would allow the Claimant to act in any way, shape or form, therefore any reliance upon quoted Terms and Conditions, hitherto none disclosed by the Claimant, can only be regarded as hearsay and not a matter of fact, or point of Law.
The claimant has never supplied the Defendants with any Terms and Conditions of any kind, therefore the Defendants could not be cognisant of any charges to be applied either during the tenure of the supposed debt.
The Defendants requires the Claimant to disclose upon appearance in Court, all documents which he intends to rely upon to prove and/or substantiate his claim. This should include a Deed of Assignment, any applicable Deed of Tripartite Novation and a true copy of the Original Consumer Credit Agreement. The Consumer Credit Agreement is of particular importance, as the Defendants never received any Terms and Conditions pertaining to said agreement, therefore cannot be aware of any conditions allowing the Claimant to purchase said agreement, or impose any other charges, interest or fees associated with any applicable condition within said agreement, of which the Defendants cannot possibly have any knowledge thereof.
The Defendants requires the Claimant to produce in court, all copies of all correspondence sent by the Defendants refuting the Claimant's claims of ownership and right to pursue the Defendants for any debt, alleged or real.
In conclusion, the Claimant was offered every possible avenue to provide proof of claim by the Defendants, but failed to do so and now relies upon the court to enforce a judgement, , without the relevant means to do so, whereby the lack of terms and conditions not supplied has disallowed the Defendants any insight or knowledge of any such terms or conditions that would allow the Claimant to act in any way, shape or form, therefore any reliance upon quoted Terms and Conditions, hitherto none disclosed by the Claimant, can only be regarded as hearsay and not a matter of fact, or point of Law.
Can you explain to me what your defence is ?
Are there any issues with the overdraft ? eg unfair charges ? etc
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