Thanks Andy, hope I have a good judge and understands what I am saying.

does anyone have any comments as to how I put forward my case next week can I say there is no dn and the fact that they have not produced a yearly statement of account and only produced one covering a 4 year period as an exhibit

Thanks for your thoughts Jon, definitely no NOA received from Northway. Never heard of them until this and yes certainly no DN. The only documents I received previously were the two/three letters they have disclosed. They didn't even send me a statement of account only concocted one up which spans 4 years and is dated the same day as the witness statement.

I am hopeless with proof reading as you can tell. Fingers crossed attachment.pdf

Thanks DX documents uploaded for anyone's opinion. I have not included their letter enclosing the witness statement nor the notice saying they are not attending. Thanks for looking anyone Hammyhound Moriarty.pdf

witness statement from Moriarty. Their letter states that they are happy for mediation! The usual dribble of when they acquired the debt and how much the debt was for. The best being they never received the CPR request nor did their client receive the CCA request but as law dictates they do not have to provide any documentation. In their eyes they send them before the hearing to fluster. I wish they didnt use precedents as they have my gender wrong This statement has been used previously and they have just inserted dates etc. In their exhibits they have provided 1. Loan Agreement - it looks pretty standard but I still cannot for the life of me remember taking this out. What I can pick out is that they say I signed this agreement electronically. I remember these type of pay day loans all those years ago - you signed electronically and the agreement came to you by email - yet they signed the agreement the day before signed mine. 2. Statement of account - I have never received any of these. The statement of account is a 1 page document which covers the period from when they were assigned the debt to the day they sent the witness statement - it is dated 2.1.18 - a total of 4 years - do they realise they haven't sent one and hope the judge does not look!!! I thought it was usual to receive a statement of account every year. 3. Assignment from MMF - nothing from Northway Broker 4. Letter before action - which I received. 5. Final Demand - which I received. 6. Letter stating they have issued and its not too late etc and finally a notice saying they are not attending court - as previous posters have said. I will still be attending and state my case although I dont know what direction to take.

Thank you Andy - much better than the rubbish I had . I will put it in proper format as I did do a witness statement about 3 years ago with the relevant heading. Will send it by hand delivery tomorrow. Will also post a copy to Moriaty. Hammyhound

When you say proper numbering I was just going to put my initials in each one. Is that correct? I have spent a good couple of hours reading through member's witness statements but cannot find one where no documents have been provided. They mention the agreement is incorrect/wrong. I will get it over to the court in the next day or so. Does anyone have any comments on my statement to change it.

Wow thanks for letting me know. Can I email it to the other side or post that. Will hand deliver mine to the court on 2nd/3rd although no doubt the court will lose it before the hearing. I have never gone to a hearing where the judge has my documents I always have to give him another copy which he quickly peruses. Hope its the same judge as the court order dont want the problem that Johnw had where the judge said defence was crock now pay.

17th January so witness statement has to be in sharpish. I was going to email it on the 2nd

Thanks DX Can anyone take a look at my draft witness statement. I have looked through the threads for witness statements but most of them are compiled on the basis that an agreement/any other document has been provided so I cannot comment on what my agreement is or what the default notice says. If anyone can take a look it would be most appreciated. I ******, being the Defendant in this case will state as follows:- I make this Witness Statement in support of my defence and the court order dated ********* 2017 1. On ************* 2017 following the receipt of the Claim Form I requested from the Claimant’s solicitors:- (a) The Agreement which the Claimant intends to rely on. (b) The Notice of Assignment which the Claimant intends to rely on. © The Default Notice. 2. I attach hereto marked **1 a copy of a letter sent to the Claimant under Sections 77 and 78 under the Consumer Credit Act 1974. 3. I attach hereto marked **2 a copy of a letter sent to the Claimant’s solicitors under CPR 31.14. 4. Also attached and marked **3 is an email dated ************ 2017 sent to the Claimant’s solicitors requesting yet again a copy of the documents. A reminder email was again sent on ************ 2017 also advising that as protocol they had also not sent me a copy of their directions questionnaire. 5. The Claimant has yet to fully comply with both the CCA and CPR requests. No default notice has been provided nor a legal notice of assignment. 6. The Claimant has yet to provide copies of documents requested to show they have a legal right to the debt or any default notice that may have been served. 7. I have no recollection of any default notice or notice of assignment being served. 8. It is noted in the court order that each party must serve any documents on the other party at least 14 days before the hearing and that any documents not served may not be taken into consideration and that all documents must be originals. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: Dated:

Well as Christmas is now well and truly over I have rang the court and they paid the fee so let battle commence. I am over the weekend preparing the witness statement. I have received absolutely nothing from the Claimant's solicitors. The only document I have is the claim form. They have until Tuesday to send me their witness statement. My witness statement can only be based on the fact that I have not received any supporting documents to substantiate their claim. No agreement or default notice. Would that be correct?

Oops sorry. I seem to have the same court order. Can I ask if they paid the hearing fee promptly or the last minute, I am not around on the day they should pay the hearing fee so cant check with the court. Good luck

Good luck to Mrs JohnW. I have my hearing in January. Hoping they wont pay the hearing fee and I get costs but the court has ordered that they attend with original documents so that should be fun when they have not had the decency to send them to me. Good luck and hope you are going with her as you seem to have a good understanding of what the hell has gone on.

Didnt your witness statement have to be in 14 days before the hearing date. I note that you said there had been a date set but your last post was October so I presumed the hearing had been and gone. Why has it taken this long?

Hi Mr JohnW, can you update us on what happened with your case. A few of us are subbing and would like to know the outcome. Hope you skull dragged them through the court

yes DX it is 4 weeks before (20th) but will get cracking on the WS due to the fact I am away over the Xmas period

Court Order has arrived, my hearing is in January. Claimants to pay the fee mid December failing which it will be struck out and Defendant' costs be paid. I have to prepare a witness statement so will take my time to make sure I get it right. Still no documents. Claimants have to send me and court documents they will rely on 14 days before the hearing and bring the originals to court. I am not relying on anything as I have not received anything. Will come back over the coming weeks for someone to have a look at my statement although I dont really know what to put in it as it states "the witness statement should give details of what you are relying on at court"

Well done. I am not far behind you, also waiting for a hearing date. Confirmation that it has now been transferred to my local court.

Mediation have sent me an email thanking me for informing them of the situation. They will refer the matter back to court as clearly mediation cannot take place.

thanks to you both I will await their call anyway but just wanted to let them know that I had not received any documents

Now received email saying mediation is proposed to take place in November. I have written back to the mediators saying that despite the fact I am prepared to mediate I cannot do so until all the documents requested by me are received and it would be impossible to mediate with just a claim form. Has anyone heard of mediation taking place without the documents.

Got a court order today saying that if I did not file my AQ within 7 days the Claimant can enter judgment as they have filed theirs. This is despite sending by email on 21st September and the court acknowledging receipt. I also cc'd Moriarty and they acknowledged some days later. I have again today sent the same email and again I have received the auto response saying they have got my email. Is there anything else I should do. I am so mad at the court. I have checked MCOL and that says AQ received by Claimant on 25th September but then says notification removed on 26th and a sanctions order sent on 10th October. What on earth is going on. Please help. Ring northants bulk monday

Now received directions questionnaire for small claims track - will fill it in and update when receive anything

Thanks Andy. After reading John W postings they sent him the documents after he filed his defence so that's what I thought I would receive. Hey ho another fight then. Will come back when I get anything.