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Goodmorning all, I need some help and advise,
My apologies at this stage, I will refer to the parties as per claimants’ witness statement as follows:
- BANK
- Company CO - LE (Collector)
- Company AA – AA
- Company BB – BB
- Company CC – CC(Claimant)
The Case: CC- CC (Claimant) Vs Me
Following the advise from a genius members on this forum, I sent my initial defense,requested s77-79 CCA, CPR 18 and the witness statement on time.
- I sent my witness statement and the evidence to the court on time and wassigned for. The court for the hearing set and I attended. The Judge advisedthat he has not received my witness statement which I included my evidence. Inthe court room the judge requested a copy of m witness statement because my original one and my exhibits are gone missing.
The judgment decided against me without examining any of my exhibits.
- Now in the process of making an appeal and need your advise:
The following is the summery of the case:
Company CC – CC has made a court claim for a bank credit card debt.
Company CC – CC claimed that they bought the debt from company BB - BB, whobought the debt from company AA - AA, and they claimed that company AA - AA boughthe debt from the bank (As per their witness statement).
I had no assignment notices from none of them until I requested themfrom company CC – CC (Claimant) after my first defence was sent outwithin the 28 days.
Ireceived two copies of notice of assignments for company AA – AA to BB – BB,and the second one from BB – BB to CC = CC the claimant.
I have not received assignment notice from the Bank to company AA–AA at all. So the first assignment notice is missing.
Also I have received from the claimant, other documents (copy ofincomplete signed slip, part of agreement, transactions log and default notice.
Now I am going into the main points:
Iprepared my defence base on the claimants’ statement and their evidences as follows:
- The case statement in the Practice Direction on the Pre-Action Protocol letter, stated that in year 2000, I entered into anagreement with company AA – EL(collector),they combined two company names. In fact my agreement was with the Bank. No any other document were sent with theletter. Is this comply with the requirements?
- On the court Claim Form(N1SDT) made by the claimant, and in the particulars of claim (POC), the claimant signedon the Summary & Statement of Truth and stated that in year 2000, I enteredinto an agreement with the Bank, and they assigned the debt to company BB – BB, then assigned to companyCC- CC (The Claimant). No mention to the 1st company AA – AA.
- On their witness statement they stated that I had an agreement with the bank, then the debt assigned to company AA-AA, thenAA – AA to BB – BB and finally BB – BB to CC –CC the claimant.
- The claimant provided a copy of unsigned/dated agreement between the Bank and company AA – AA for the credit card debt assignment.
- Also in the witness statement they included two signed copies of the others two agreements between company AA- AA & company BB –BB, and between companiesBB –BB & CC – CC (the claimant).
- The copy of the notice of assignment from company BB – BB do not comply with the Companies Act 2006 (Labilities of Displays and Disclosures), becauseno company details (registered office, contact details) and the notice is not on a headed paper, just included the collectors’ information.
- Is there is a legal issue if thecontinuous contract is not linking the claimant? Because the agreement for thefirst assignment was not signed/ dated and no notice of assignment presented orreceived at all?
- Also the contradicted case statements in the Pre-Action Protocol letter, the Court Claim Form and the witness statement.
- The copy of the signed slip between me and the bank is not complete agreement since the credit limit condition and the other terms are missing.
- The figures they claiming, and the amount I paid to the bank/ thecollector do not add up with the final balance on the transaction log.
- Finally in court room, the judge requested copy of my witness statement which read quickly and my exhibits are totally ignored and I have never been asked a single one although I had the originals.
Do I have a ground for an appeal or retrial?
I hope I made my points understandable.
Regards.
My apologies at this stage, I will refer to the parties as per claimants’ witness statement as follows:
- BANK
- Company CO - LE (Collector)
- Company AA – AA
- Company BB – BB
- Company CC – CC(Claimant)
The Case: CC- CC (Claimant) Vs Me
Following the advise from a genius members on this forum, I sent my initial defense,requested s77-79 CCA, CPR 18 and the witness statement on time.
- I sent my witness statement and the evidence to the court on time and wassigned for. The court for the hearing set and I attended. The Judge advisedthat he has not received my witness statement which I included my evidence. Inthe court room the judge requested a copy of m witness statement because my original one and my exhibits are gone missing.
The judgment decided against me without examining any of my exhibits.
- Now in the process of making an appeal and need your advise:
The following is the summery of the case:
Company CC – CC has made a court claim for a bank credit card debt.
Company CC – CC claimed that they bought the debt from company BB - BB, whobought the debt from company AA - AA, and they claimed that company AA - AA boughthe debt from the bank (As per their witness statement).
I had no assignment notices from none of them until I requested themfrom company CC – CC (Claimant) after my first defence was sent outwithin the 28 days.
Ireceived two copies of notice of assignments for company AA – AA to BB – BB,and the second one from BB – BB to CC = CC the claimant.
I have not received assignment notice from the Bank to company AA–AA at all. So the first assignment notice is missing.
Also I have received from the claimant, other documents (copy ofincomplete signed slip, part of agreement, transactions log and default notice.
Now I am going into the main points:
Iprepared my defence base on the claimants’ statement and their evidences as follows:
- The case statement in the Practice Direction on the Pre-Action Protocol letter, stated that in year 2000, I entered into anagreement with company AA – EL(collector),they combined two company names. In fact my agreement was with the Bank. No any other document were sent with theletter. Is this comply with the requirements?
- On the court Claim Form(N1SDT) made by the claimant, and in the particulars of claim (POC), the claimant signedon the Summary & Statement of Truth and stated that in year 2000, I enteredinto an agreement with the Bank, and they assigned the debt to company BB – BB, then assigned to companyCC- CC (The Claimant). No mention to the 1st company AA – AA.
- On their witness statement they stated that I had an agreement with the bank, then the debt assigned to company AA-AA, thenAA – AA to BB – BB and finally BB – BB to CC –CC the claimant.
- The claimant provided a copy of unsigned/dated agreement between the Bank and company AA – AA for the credit card debt assignment.
- Also in the witness statement they included two signed copies of the others two agreements between company AA- AA & company BB –BB, and between companiesBB –BB & CC – CC (the claimant).
- The copy of the notice of assignment from company BB – BB do not comply with the Companies Act 2006 (Labilities of Displays and Disclosures), becauseno company details (registered office, contact details) and the notice is not on a headed paper, just included the collectors’ information.
- Is there is a legal issue if thecontinuous contract is not linking the claimant? Because the agreement for thefirst assignment was not signed/ dated and no notice of assignment presented orreceived at all?
- Also the contradicted case statements in the Pre-Action Protocol letter, the Court Claim Form and the witness statement.
- The copy of the signed slip between me and the bank is not complete agreement since the credit limit condition and the other terms are missing.
- The figures they claiming, and the amount I paid to the bank/ thecollector do not add up with the final balance on the transaction log.
- Finally in court room, the judge requested copy of my witness statement which read quickly and my exhibits are totally ignored and I have never been asked a single one although I had the originals.
Do I have a ground for an appeal or retrial?
I hope I made my points understandable.
Regards.
