Pardon me all over the place If the Defendant does not comply with the order, then enforce by way of issuing a statutory demand on him and if he does not satisfy that, continue with bankruptcy proceedings against him. Kind regards The Mould

Thank you Sham Post up this second page of the signed 'agreement also please. Kind regards The Mould

Default Judgment is a CCJ that the claimant can enforce against you if you do not repay the debt as per the terms of the Court’s order, usually 14 days of the order (assuming this is a money claim under a regulated agreement). The Claimant is entitled to issue a statutory demand for any sum due under the judgment and if that is not satisfied, he may continue to issue bankruptcy proceedings against you. Or, he may seek to enforce the CCJ by way of a charging order against your property if you are a homeowner; however, if debt is in your name only and you jointly own property, then the charge will register as a restriction. Did you Acknowledge service of claim but not file a Defence in time? What was the claim about and why didn’t you file a Defence? Kind regards The Mould

On the clearer ‘agreement’ at the bottom left-hand side there is a serial number, does the illegible ‘agreement’ have a serial number and if so, does it match the serial number on the clearer ‘agreement’? Kind regards The Mould

Under the heading “Key Information” on the clearer agreement, key information clearly forming a part of “all the prescribed terms and conditions”, it states: “3b Details of other service charges are set out in section 4”. There is no section 4 within that document! “other service charges” would most certainly be deemed as key information and they ought to be set out under that heading because they would indeed form a part of “all the prescribed terms”. Further, under the heading “IMPORTANT – DATA PROTECTION” it states: “Before signing this agreement you must read sections 13 and 14 in the terms and conditions provided. You agree that we may process, use, record and disclose your personal information as described in sections 13 and 14. We will use our automated credit scoring system when assessing your application and we will disclose your personal information to credit reference agencies. Information held by credit reference agencies may be linked to other people with whom you have financial associations. We may look at these records when assessing your application”. The document that the Claimant relies on as a regulated credit agreement, which he claims you entered into with him, is in fact an application form for a credit facility; the document clearly states “assessing your application” twice! Further, important information of the agreement would most certainly form part of “all the prescribed terms” and must be contained in the one document, note the use of the words “Before signing this agreement you must read sections 13 and 14” which are clearly not set out in that ‘agreement’. The reason as to why the document does not contain “all the prescribed terms” and is therefore improperly executed, is because the ‘agreement’ relied on by the Claimant is an application for credit and does not constitute a properly executed regulated credit agreement for the purposes explicitly laid down in section 61 of the 1974 Act. The Claimant cannot refute any part of the foregoing; because this is the material that is set out in the ‘agreement’ that he relies on! The Claimant is relying on a document that does not constitute a legally binding agreement under the 1974 Act between you two parties. Upon the Claimant “assessing your application” and accepting it, he should have sent you the agreement containing all the prescribed terms and conditions for your signature thereon if, once having acquainted yourself with the same, you agreed to be bound by it, this clearly has not happened in your case. Here are further arguments (above) for you Shamrock that support your Defence/opposition to this claim, print off and present in argument in Court at the up-coming hearing next week. Kind regards The Mould

Is the claimants' signature on the agreement? Kind regards The Mould

As of today’s date, have you filed a Defence against this claim? Will you kindly scan in a copy of the application form from 2003 minus all personal details for our perusal and opinions/suggestions thereon? Kind regards The Mould Hello beryl Are you able to come back on my last post? Kind regards The Mould

The default notice in your case and relied on by the Claimant is compliant as regards the statutory 14 days to remedy the breach stated therein, however, I do not know is the amount stated as the arrears due and owing is correct or not, you need to check this figure as only you will know if it is correct, if it is not, then the default notice fails on that point and creditor not entitled to enforce agreement he relies on. Yes it will be very interesting to peruse the Claimants’ evidence in reply to your 1st WS for the purpose of his SJ application which he has served rather swiftly on you, shall look out on these moors later on for that. Kind regards The Mould

“The judge said that the original agreement must have been readable and only through the degradation of copying did the copy now appear illegible”. The above quote is reproduced from freemasons’ case/thread. Counter –argument against the above said contention Copying of original documents is not an invasive method of reproducing an identical copy of the original document that would cause that original document or the material set out therein to deteriorate, therefore, the DJ’s contention on this point in the freemason case is wholly factually incorrect and unfounded. Forensic document examiners subject original documents to stringent non-invasive examination methods and these examinations do not cause any damage to the original document or to the material set out therein. Copying of original documents, no matter how many times they are copied, do not cause the original document to break down or deteriorate chemically to a less readily convertible form. Original documents that are not handled with care or not stored in proper containers or files, will undoubtedly deteriorate over time, unless the original document is on parchment, but copying does not cause any such damage. And you would also put the creditor and indeed the DJ, respectfully that is, to the strictest proof to the contrary. Kind regards The Mould

See CPR Pt 52 Appeals r.52.3 (3) below as regards permission to appeal to the appeal court after the lower court has refused permission to appeal. If the District Judge’s decision is wrong in law, then an appeal should be made, however, the process of appeal is long and involves substantive legal admin. It’s not an easy task, because subjects seeking to use the law they are subject to, to have a wrong put right always have to fight to the bitter end for it! The fact that there is an Appeal Court and a Supreme Court clearly shows that Judges below the Supreme Court make errors of law. See – http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html The above Harrison v Link Financial Ltd judgment is a key authority which deals with a creditor’s numerous breaches, including irredeemable breaches of the CCA 1974 (as amended), have a read of this case to establish if there is anything therein that you can rely upon for your own potential appeal against this County Court Judgment. & http://www.bailii.org/uk/cases/UKHL/2000/27.html Click the above link and peruse this House of Lords decision where Lord Hoffman, giving the leading judgement made this qualified statement as regards irredeemable breach of s.61 (1)(a) of CCA 1974 which rendered the agreement in this case unenforceable by virtue of s.127(3) of the 1974 Act: Lord Hoffman “Section 65(1) provides that an improperly executed agreement shall be enforceable only "on an order of the court." Section 127 gives the court power to make orders for the enforcement of agreements that are, for various reasons, improperly executed. But subsection (3) provides that a court shall not make an enforcement order for an agreement that does not comply with section 61(1)(a) unless the debtor signed a document containing "all the prescribed terms." The hiring agreement in this case did not and is therefore irredeemably unenforceable”. The above only applies to regulated agreements that do not comply with s.61(1)(a) before the CCA 1974 was amended and is the highest authority in England and Wales, now replaced by the Supreme Court. The amendments repealed s.127(3) amongst other things. Rule 52.3 Permission 52.3 (1) An appellant or respondent requires permission to appeal— (a) where the appeal is from a decision of a judge in a county court or the High Court, except where the appeal is against— (i) a committal order; (ii) a refusal to grant habeas corpus; or (iii) a secure accommodation order made under section 25 of the Children Act 1989; or (b) as provided by Practice Direction 52. (Other enactments may provide that permission is required for particular appeals.) (2) An application for permission to appeal may be made— (a) to the lower court at the hearing at which the decision to be appealed was made; or (b) to the appeal court in an appeal notice. (Rule 52.4 sets out the time limits for filing an appellant's notice at the appeal court. Rule 52.5 sets out the time limits for filing a respondent's notice at the appeal court. Any application for permission to appeal to the appeal court must be made in the appeal notice (see rules 52.4(1) and 52.5(3).) (Rule 52.13(1) provides that permission is required from the Court of Appeal for all appeals to that court from a decision of a county court or the High Court which was itself made on appeal.) (3) Where the lower court refuses an application for permission to appeal, a further application for permission to appeal may be made to the appeal court. (4) Subject to paragraph (4A), where the appeal court, without a hearing, refuses permission to appeal, the person seeking permission may request the decision to be reconsidered at a hearing. (4A) (a) Where a judge of the Court of Appeal or of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing. (b) For the purposes of subparagraph (a) "Specialist Circuit Judge" means a patents county court judge and any circuit judge in any county court nominated to hear cases in the Mercantile, Chancery or Technology and Construction Court lists. (4B) Rule 3.3(5) will not apply to an order that the person seeking permission may not request the decision to be reconsidered at a hearing made under paragraph (4A). (5) A request under paragraph (4) must be filed within 7 days after service of the notice that permission has been refused. (6) Permission to appeal may be given only where— (a) the court considers that the appeal would have a real prospect of success; or (b) there is some other compelling reason why the appeal should be heard. (7) An order giving permission may— (a) limit the issues to be heard; and (b) be made subject to conditions. (Rule 3.1(3) also provides that the court may make an order subject to conditions.) (Rule 25.15 provides for the court to order security for costs of an appeal.) Kind regards The Mould

Urm, no, sorry Sham, I haven’t given any thought as regards your WS for the trial. I simply do not have the time (and I have serious health issues and two young children to contend with), however, I have provided substantive assistance to you to include a proper valid Defence against the claim. You should take note that, until I posted on your thread, you had not received any such proper or indeed any practical assistance with this matter. I wish you the very best with this matter and I shall have a look out on these moors from time to time to see how it has all turned out for you. Godzilla Kind regards The Mould

Sham Make sure that you comply with all directions given by the Court. Kind regards The Mould

Are these general case management directions, such as; standard disclosure, inspection of documents, exchange of witness statements and experts etc.etc? Post up the directions order please, minus person details. What time is the SJ hearing next week and how long is it listed for? Kind regards The Mould

No Sham, leave the word “draft” out. In your 1st witness statement evidence in reply add this new paragraph: A copy of each of the three authorities cited above are served attached to this witness statement in the bundle marked exhibit “_______” (put your initials. i.e John Smith would be “JS 1”) which I respectfully invite this Court to read. The first A4 page of your bundle should be marked EXHIBIT “____” for the hearing on (put date) and must contain the Court name, claim no. the parties etc.etc. Your name should be stated in the top right-hand header followed by Defendant and the claim no. and the date. Kind regards The Mould

The case law and the legislation set out in the Draft WS EIR confirm to this lower County Court that the agreements relied on in support of the Claimant’s SJ application are irredeemably unenforceable. Therefore, you ought to file & serve the same as exhibits in support of your 1st WS EIR. I cited these authorities in the draft 1st WS EIR because it is brief and concise on the points of law which the Claimants’ SJ application is subject to. I would leave the citation of legislation and authorities in your WS EIR otherwise, you will need to draft a skeleton argument and cite the same there (to my mind, given the clear cut points of law, drafting a skeleton argument in this matter would simply be duplication). At the hearing, simply use the contents of your WS EIR as your skeleton. as time is of the essence, in order to speed things up for you, I have posted a link for each of the three authorities cited in your draft 1st WS EIR. You need to print off 3 copies of each authority. http://www.bailii.org/uk/cases/UKHL/2000/27.html http://www.bailii.org/uk/cases/UKHL/2001/16.html http://www.bailii.org/ew/cases/EWCA/Civ/2003/472.html Kind regards The Mould

See CPR below - 7 days before summary judgment hearing. Rule 24.5 Evidence for the purposes of a summary judgment hearing 24.5 (1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must— (a) file the witness evidence; and (b) serve copies on every other party to the application, at least 7 days before the summary judgment hearing. (2) If the applicant wishes to rely on written evidence in reply, he must— (a) file the written evidence; and (b) serve a copy on the respondent, at least 3 days before the summary judgment hearing. (3) Where a summary judgment hearing is fixed by the court of its own initiative— (a) any party who wishes to rely on written evidence at the hearing must— (i) file the written evidence; and (ii) unless the court orders otherwise, serve copies on every other party to the proceedings,at least 7 days before the date of the hearing; (b) any party who wishes to rely on written evidence at the hearing in reply to any other party's written evidence must— (i) file the written evidence in reply; and (ii) unless the court orders otherwise serve copies on every other party to the proceedings,at least 3 days before the date of the hearing. (4) This rule does not require written evidence— (a) to be filed if it has already been filed; or (b) to be served on a party on whom it has already been served. Kind regards The Mould

Sham I forgot to say that underneath STATEMENT OF TRUTH, you must write the words: “I believe that the facts stated in this 1st witness statement are true” Then sign and date and your printed name under that. The WS EVIDENCE IN REPLY that I posted for you is clearly marked with the word “Draft”. However, for the avoidance of any doubt, the relevant conditions of CPR that your WS must comply with are set out in Practice Direction 32 paragraphs 17.1 to 20.3. For ease of reference, I have reproduced the relevant paragraphs below for you. Witness Statements Heading 17.1 The witness statement should be headed with the title of the proceedings (see paragraph 4 of Practice Direction 7A and paragraph 7 of Practice Direction 20); where the proceedings are between several parties with the same status it is sufficient to identify the parties as follows— Number: A.B. (and others) Claimants/Applicants C.D. (and others) Defendants/Respondents (as appropriate) 17.2 At the top right hand corner of the first page there should be clearly written— (1) the party on whose behalf it is made, (2) the initials and surname of the witness, (3) the number of the statement in relation to that witness, (4) the identifying initials and number of each exhibit referred to, and (5) the date the statement was made. 32PD.18 Body of Witness Statement 18.1 The witness statement must, if practicable, be in the intended witness's own words, the statement should be expressed in the first person and should also state— (1) the full name of the witness, (2) his place of residence or, if he is making the statement in his professional, business or other occupational capacity, the address at which he works, the position he holds and the name of his firm or employer, (3) his occupation, or if he has none, his description, and (4) the fact that he is a party to the proceedings or is the employee of such a party if it be the case. 18.2 A witness statement must indicate— (1) which of the statements in it are made from the witness's own knowledge and which are matters of information or belief, and (2) the source for any matters of information or belief. 18.3 An exhibit used in conjunction with a witness statement should be verified and identified by the witness and remain separate from the witness statement. 18.4 Where a witness refers to an exhibit or exhibits, he should state "I refer to the (description of exhibit) marked "..." ". 18.5 The provisions of paragraphs 11.3 to 15.4 (exhibits) apply similarly to witness statements as they do to affidavits. 18.6 Where a witness makes more than one witness statement to which there are exhibits, in the same proceedings, the numbering of the exhibits should run consecutively throughout and not start again with each witness statement. 32PD.19 Format of Witness Statement 19.1 A witness statement should— (1) be produced on durable quality A4 paper with a 3.5 cm margin, (2) be fully legible and should normally be typed on one side of the paper only, (3) where possible, be bound securely in a manner which would not hamper filing, or otherwise each page should be endorsed with the case number and should bear the initials of the witness, (4) have the pages numbered consecutively as a separate statement (or as one of several statements contained in a file), (5) be divided into numbered paragraphs, (6) have all numbers, including dates, expressed in figures, and (7) give the reference to any document or documents mentioned either in the margin or in bold text in the body of the statement. 19.2 It is usually convenient for a witness statement to follow the chronological sequence of the events or matters dealt with, each paragraph of a witness statement should as far as possible be confined to a distinct portion of the subject. 32PD.20 Statement of Truth 20.1 A witness statement is the equivalent of the oral evidence which that witness would, if called, give in evidence; it must include a statement by the intended witness that he believes the facts in it are true. 20.2 To verify a witness statement the statement of truth is as follows— "I believe that the facts stated in this witness statement are true." 20.3 Attention is drawn to rule 32.14 which sets out the consequences of verifying a witness statement containing a false statement without an honest belief in its truth. (Paragraph 3A of Practice Direction 22 sets out the procedure to be followed where the person who should sign a document which is verified by a statement of truth is unable to read or sign the document.)32PD.22 Kind regards The Mould

Your witness statement of evidence in reply should defeat the SJ hands down. The Court may decide to strike out Claimants' claim based on the contents of your WS evidence in reply, or the Court will give further directions to both you and the Claimant to comply with. Or, You can make an application on form N244 to strike out his claim and use your WS evidence in reply and the legislation and authorities thereon and file it in support and at the same time that you file your WS evidence in reply as a cross-application against the Claimants' SJ so that the Court hears both applications at the same time. You will need to pay a fee though if you do make an application. Kind regards The Mould

OK Sham, this is a third amended draft 1st Witness Statement Evidence in Reply for you. In the……………………….County Court Claim no. Between: The parties etc.etc 1st WITNESS STATEMENT of (your full name in caps) EVIDENCE IN REPLY (DRAFT) I, (your full name) of (your full postal address) am the Defendant in these proceedings and I make this statement as my evidence in reply in opposition to the Claimant’s summary judgment application dated (put the date). The facts and matters set out hereafter are made to the best of my knowledge and belief and I will say as follows:- It should be noted that it appears that the claimant intends to rely on two different regulated credit agreements in support of his summary judgment application, one agreement is wholly illegible and bears only one signature and it is not possible to determine if “all the prescribed terms” are contained in that document, the Claimant has not produced any credible evidence to prove to the contrary and the other agreement, which the claimant is clearly implying to mirror the illegible agreement, appears to be slightly clearer, however, it is unsigned. The Claimant relies on both of these agreements which he claims are dated 2005, therefore they are subject to the provisions of the Consumer Credit Act 1974 (“the Act”) that are set out therein before the Act was amended. Both agreements, if they are indeed one and the same as implied by the Claimant, state that the rest of the terms and conditions thereto, including definitions, are contained in another document, the need to refer to another separate document for the rest of the terms & conditions and definitions, whether provided or not (which is not admitted that they were), in order to ascertain “all the prescribed terms” of the agreements, puts the Claimant in irredeemable breach of section 61of the Act by virtue of section 127(3) of the Act. b) Section 61 of the Act provides that “61 Signing of agreement.E+W+S+N.I. (1)A regulated agreement is not properly executed unless— (a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b)the document embodies all the terms of the agreement, other than implied terms, and ©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible”. Both of the agreements relied on by the Claimant in support of his summary judgment application are clearly not properly executed agreements pursuant to section 61 of the Act, as a consequence, I believe that the agreements are both unenforceable by reason of the Claimant’s irredeemable breaches of section 61as per the provision of section 127(3) of the Act and in this regard, I respectfully draw this Court’s attention to the following House of Lords authority of Dimond v. Lovell [2000] UKHL 27 on this point of law where Lord Hoffmann, giving the leading judgment made this qualified statement: Lord Hoffman “Section 65(1) provides that an improperly executed agreement shall be enforceable only "on an order of the court." Section 127 gives the court power to make orders for the enforcement of agreements that are, for various reasons, improperly executed. But subsection (3) provides that a court shall not make an enforcement order for an agreement that does not comply with section 61(1)(a) unless the debtor signed a document containing "all the prescribed terms." The hiring agreement in this case did not and is therefore irredeemably unenforceable”. In the light of the foregoing, the Claimant’s summary judgment application is not only absent of reality, which is the criteria which the Court must apply under CPR Pt 24, rather than one of probability, as stated by Lord Hobhouse of Woodborough in Three Rivers DC v Bank of England (No. 3) [2001] 2 All E. R. 513, but also the Claimants’ summary judgment application is bad in law and ought to be dismissed without any further ado. In ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472, it was said that under CPR Pt 24 r.24.2 the overall burden of proof rests on the applicant to establish that there are grounds to believe that the respondent has no real prospect of success and that there is no other reason for a trial. The Claimant has clearly not discharged this burden and clearly cannot discharge this burden on the evidence upon which he relies in his application. The Claimant has not adduced any credible evidence in support of his application and in fact, the award he seeks from this Court thereon contravenes the Act and the authorities cited herein which I rely and which I believe clearly hold in my favour and completely undermine and defeat the Claimants’ application. For reasons set out above, I believe that I have clearly demonstrated to this Court that I have very strong if not irrefutable prospects of succeeding at trial on the facts which hold in favour of my Defence against the Claimants’ extremely weak claim, which I believe remains groundless in law and unmeritorious as of the date hereof. Accordingly, it is denied that the Claimant is entitled to the relief sought as alleged or at all and I respectfully request that this Court dismiss his application without any costs awarded to him thereon. STATEMENT OF TRUTH Signed………………………………………….this 7th day of July 2014 (print full name here) – Defendant/Respondent You will need to print of 3 copies of the authorities cited above and to make 3 copies of your witness statement evidence in reply. File one copy to the Court and serve one copy on the Claimant (his sols acting), send both by Special Delivery! Kind regards The Mould

OK Sham, a slightly amended draft 1st Witness Statement Evidence in Reply for you. In the……………………….County Court Claim no. Between: The parties etc.etc 1st WITNESS STATEMENT of (your full name in caps) EVIDENCE IN REPLY (DRAFT) I, (your full name) of (your full postal address) am the Defendant in these proceedings and I make this statement as my evidence in reply in opposition to the Claimant’s summary judgment application dated (put the date). The facts and matters set out hereafter are made to the best of my knowledge and belief and I will say as follows:- It should be noted that it appears that the claimant intends to rely on two different regulated credit agreements in support of his summary judgment application, one agreement is wholly illegible and bears only one signature and it is not possible to determine if “all the prescribed terms” are contained in that document, the Claimant has not produced any credible evidence to prove to the contrary and the other agreement appears to be slightly clearer, however, it is unsigned. The Claimant relies on both of these agreements which he claims are dated 2005, therefore they are subject to the provisions of the Consumer Credit Act 1974 (“the Act”) that are set out therein before the Act was amended. a) Section 61 of the Act provides that “61 Signing of agreement.E+W+S+N.I. (1)A regulated agreement is not properly executed unless— (a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b)the document embodies all the terms of the agreement, other than implied terms, and ©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible”. Both of the agreements relied on by the Claimant in support of his summary judgment application are clearly not properly executed agreements pursuant to section 61 of the Act, as a consequence, I believe that the agreements are both unenforceable by reason of the Claimant’s irredeemable breaches of section 61as per the provision of section 127(3) of the Act and in this regard, I respectfully draw this Court’s attention to the following House of Lords authority of Dimond v. Lovell [2000] UKHL 27 on this point of law where Lord Hoffmann, giving the leading judgment made this qualified statement: Lord Hoffman “Section 65(1) provides that an improperly executed agreement shall be enforceable only "on an order of the court." Section 127 gives the court power to make orders for the enforcement of agreements that are, for various reasons, improperly executed. But subsection (3) provides that a court shall not make an enforcement order for an agreement that does not comply with section 61(1)(a) unless the debtor signed a document containing "all the prescribed terms." The hiring agreement in this case did not and is therefore irredeemably unenforceable”. In the light of the foregoing, the Claimant’s summary judgment application is not only absent of reality, which is the criteria which the Court must apply under CPR Pt 24, rather than one of probability, as stated by Lord Hobhouse of Woodborough in Three Rivers DC v Bank of England (No. 3) [2001] 2 All E. R. 513, but also the Claimants’ summary judgment application is bad in law and ought to be dismissed without any further ado. In ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472, it was said that under CPR Pt 24 r.24.2 the overall burden of proof rests on the applicant to establish that there are grounds to believe that the respondent has no real prospect of success and that there is no other reason for a trial. The Claimant has clearly not discharged this burden and clearly cannot discharge this burden on the evidence upon which he relies in his application. The Claimant has not adduced any credible evidence in support of his application and in fact, the award he seeks from this Court thereon contravenes the Act and the authorities cited herein which I rely and which I believe clearly hold in my favour and completely undermine and defeat the Claimants’ application. For reasons set out above, I believe that I have clearly demonstrated to this Court that I have very strong if not irrefutable prospects of succeeding at trial on the issues which hold in favour of my Defence against the Claimants’ extremely weak claim which I believe remains groundless in law and unmeritorious as of the date hereof. Accordingly, I respectfully request that this Court dismiss his application without any costs awarded to him thereon. STATEMENT OF TRUTH Signed………………………………………….this 7th day of July 2014 (print full name here) – Defendant/Respondent You will need to print of 3 copies of the authorities cited above and to make 3 copies of your witness statement evidence in reply. File one copy to the Court and serve one copy on the Claimant (his sols acting), send both by Special Delivery! Kind regards The Mould

Thank you Sham, going to view now and then post back. Kind regards The Mould

Yes, Sham, I need to see a copy of the actual CCA that the Claimant has filed in support of his SJ application please. Kind regards The Mould

The paragraph numbers in the draft Evidence in Reply should read as follows: 1. 1(a), 1(b), 2, 3 and 4. Kind regards The Mould

As regards the authorities that I have posted for you, it is the point(s) of law decided on by the Court which are relevant to your case and the agreement relied on by the Claimant, the circumstances of those cases are not relevant to your case. Kind regards The Mould

In the……………………….County Court Claim no. Between: The parties etc.etc 1st WITNESS STATEMENT of (your full name in caps) EVIDENCE IN REPLY (DRAFT) I, (your full name) of (your full postal address) am the Defendant in these proceedings and I make this statement as my evidence in reply in opposition to the Claimant’s summary judgment application dated (put the date). The facts and matters set out hereafter are made to the best of my knowledge and belief and I will say as follows:- It should be noted that the agreement (“the agreement”) relied on by the claimant in support of his summary judgment application is unsigned and dated 2005 and therefore subject to the provisions of the Consumer Credit Act 1974 (“the Act”) that are set out therein before the Act was amended. a) Section 61 of the Act provides that “61 Signing of agreement.E+W+S+N.I. (1)A regulated agreement is not properly executed unless— (a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b)the document embodies all the terms of the agreement, other than implied terms, and ©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible”. The agreement relied on by the Claimant in support of his summary judgment application is clearly not a properly executed agreement pursuant to section 61 of the Act, as a consequence, the agreement is irredeemably unenforceable by reason of section 127(3) of the Act and in this regard, I respectfully draw this Court’s attention to the following House of Lords authority of Dimond v. Lovell [2000] UKHL 27 on this point of law where Lord Hoffmann, giving the leading judgment made this qualified statement: Lord Hoffman “Section 65(1) provides that an improperly executed agreement shall be enforceable only "on an order of the court." Section 127 gives the court power to make orders for the enforcement of agreements that are, for various reasons, improperly executed. But subsection (3) provides that a court shall not make an enforcement order for an agreement that does not comply with section 61(1)(a) unless the debtor signed a document containing "all the prescribed terms." The hiring agreement in this case did not and is therefore irredeemably unenforceable”. In the light of the foregoing, the Claimant’s summary judgment application is not only absent of reality, which is the criteria which the court must apply under CPR Pt 24, rather than one of probability, as stated by Lord Hobhouse of Woodborough in Three Rivers DC v Bank of England (No. 3) [2001] 2 All E. R. 513, but also the Claimants’ summary judgment application is bad in law and ought to be dismissed without any further ado. In ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472, it was said that under CPR Pt 24 r.24.2 the overall burden of proof rests on the applicant to establish that there are grounds to believe that the respondent has no real prospect of success and that there is no other reason for a trial. The Claimant has clearly not discharged this burden and clearly cannot discharge this burden on the evidence upon which he relies. The Claimant has not adduced any credible evidence in support of his application and in fact, the award he seeks from this Court thereon contravenes the Act and the authorities cited herein which I rely and which clearly hold in my favour and completely undermine and defeat the Claimants’ application. For reasons set out above, I believe that I have clearly demonstrated to this Court that I have very strong if not irrefutable prospects of succeeding at trial on the issues which hold in favour of my Defence against the Claimants’ extremely weak claim which I believe remains unsubstantiated and unmeritorious as of the date hereof. Accordingly, I respectfully request that this Court dismiss his application without any costs awarded to him thereon. STATEMENT OF TRUTH Signed………………………………………….this 7th day of July 2014 (print full name here) – Defendant/Respondent The above should get you going Shamrock. But please bear in mind that this draft Evidence in Reply is subject to me viewing a copy of the agreement that the Claimant has filed and served in support of his summary judgment application. You will need to print of 3 copies of the authorities cited above and to make 3 copies of your witness statement evidence in reply. File one copy to the Court and serve one copy on the Claimant (his sols acting), send both by Special Delivery! Kind regards The Mould