I am about to put to-gether my final DEFENCE. In his infinite wisdom, the D.J. said, that he, "had covered all the prescribed terms, and that they were in the accompanying T&C's, so he now considered the agreement (application Form ). was good; AND he would not be discussing this point at the next hearing, ""Do you understand sir Fussalot"". He then responded to my point that they were not the original T&C's.. and asked Cabot to "examine them further". and said that bearing this point in mind. In other words he gave Cabot chance to find the original T&C's [the T&C's they supplied were not the original. I pointed out that in the "Raw Data Log" supplied by Cabot. after 30 days into my CCA request, Cabot kept e-mailing Barclays for the original agreement, and T&C's. in it a line said " , " Herberts, 06/04/08 Take a note:Information used - Sept 06 monument T&C's" Cabots man, when asked by the DJ said" No that doesn't mean it necessarily was the T&C's used from 06." and guess what Yes, ............DJ said, O.K. There was also another line that said, " re-scanned application form sent" DJ still didn't think this meant what I thought it meant (after "consulting" Cabots man ..... Hey Ho. SO, After all my waffling, a Question ...... If Cabrots do not supply PROPPER T&C's, is that a DEFENCE in its self.? i.e. no agreement. OR no enforceable agreement due to not an Executed Agreement. (place your bets! ) s.f.

well here is the "additional witness evidence" County Court Claim Number Cabot Financial (Claimant ) v ( Defendant ) To comply with an order by His Honour Judge The Claimant and Defendant shall file and serve additional witness evidence as to the remaining issues by 4.00.p.m. On 25th May 2010” ADDITIONAL WITNESS EVIDENCE XXXX XXXX ( Claimant ) Termination Letter from Monument 1 At the hearing of 4th May Mr. Cabot was “unaware that the account had been terminated.” 2 No Default Notice has been shown depite repeated requests and a court order Exhibit “A” (termination letter ) 3 At the hearing of 4th May it was denied that the terms and conditions supplied by Cabot were the genuine terms and conditions that applied to the Providian account at that time. 4 In these terms and conditions it was stated that late payment charges and overlimit charges would be £18.00p. each 5 £18.00p. Per over limit and late payment have never applied to this account 6 The late payment and overlimit charges applied to the account were £24.00p each EXHIBIT “B” (copy of statement with L.P. charges) Additional Witness Evidence. Page 2 7 The only Notice of Assignment received is a redacted copy of the Deed of Assignment between Cabot and Barclaycad. 8 This does not apear to be consistent with the alleged date of Assignment. EXHIBIT “C” This document is already in the “Trial Bundle”, page 2 so is not enclosed 9 Mr Cabot stated at the hearing on the 4th May, that Cabots only wanted the “Arrears”but still claims the full amount. 10 If the alleged agreement was properley executed, then under that agreement he is claiming for payments not yet due. 11 In order to claim these payments Monument should have sent a Default Notice. Comments please.... (main hearing is in July ) fussey

UKD make sure your GF sends them a "reading" of the meter. for the date she moved in and then try to keep track of whats being sent to you and what they estimate. their estimates are usually well in their favour. If they do send estimates that are "well short" of what you are using, this is usually a false economy, and only causes problems later on. so it is best to try to "keep with it." sir fuss

UKD, as you can see from my question, Im not familiar with the finer points but, you should have been told a date when they were going to go to a hearing. Look back at previous letters, they may have told you a date on which they were going to go. If this was the case then, YES you should have attended on that date. If you had attended I believe that they would "automatically" withdraw from asking for a warrant, in order to get more evidence and facts for their case. This would have given you more time. Usually the first thing they will then try to do is fit you with a payment meter. Cutting you off would be a last resort. sir Fussalot

Hiya, I am in dispute with B.G. I couldn't get anywhere with the call centre either. Sent B.G my own meter reading after the last estimated one. It was far far less by about £800. B.G said I must have got it wrong as my reading was less than when the meter was installed.( we had a new digital one several years ago.) I insisted that I had sent the reading in correctly. Then I had a e-mail asking when was the meter fitted.? Still the demands, for payment no-one came to see the reading. Then I was told that if I didn't pay They would get a court order. I thought good. Now we can get it sorted out ! I have received a letter Saturday, saying "they have been granted a warrant, and will be coming on Wed to fit a meter or disconnect. How can they do this without me knowing when they were going to court. fussalot.

Endymion Not what I wanted to hear, but hey- ho. thanks for your reply. Would I not have a claim against the driver that "hit me".?? fussalot.

Hiya anybody.... Last year a man drove over the front of me at a give way sign, while he was cutting the corner. He was over 1 meter inside my give way box.(on the wrong side of his road) Mobile phone photo's clearly show this Old chap, no damage to speak of on my old banger so I told him I wouldn't persue it. 6 weeks later, letter from his insurance wanting me to pay him for damage I did whilst I was over the Line ?. Long story short... Fought with my insurer who said shall we pay 50/50 or go to court. COURT, COURT, COURT. Deffo. They made sure I was aware and available on the date. so I booked a day off from work. (Truck driver, work away). Five o'clock night before telephone call from my insurer. "other side have withdrawn", no need to attend court. Too late for me to work next day, so lost days pay, asked about this and was told," Oh I don't know, I'll get back to you." 8 weeks later I sent e-mail reminding them. Their reply., "as it didn't go to court, you can't claim any loss." Anyone any advice please...... sir Fussalot

Hiya Hadit, which thread? just tried to look for it, you have about 22,000 fussey

Hiya All, Here we go then for Round, 15.... Court order came yesterday,.. 1 Hearing is adjourned first open date etc., ( its 6th July ) 2 The Claimant and Defendant shall file and serve additional Witness Evidence as to the remaining issues by 4.00 p.m. 25th May. These are the two remaining issues that the D.J. didn't/couldn't dismiss at the hearing. Incidentally, the D.J. also told ME to send any evidence ( when I told him I have the termination notice, and possibly the D.N. ). that, any evidence you find, you must send straight away to Cabrots". 3 The Claimant do file an updated trial bundle by 4.00.p.m. 28th May Now I presume this means I have to send a copy to them and court, of the Original , " therefore we have closed your credit card account", letter. This letter closed the account because the arrears of £150. (about). had not been paid. The letter.. http://www.consumeractiongroup.co.uk/forum/show-post/post-2578886.html ALSO, if they now send a "re-Redacted" Deed of assignment. HOW can I question the Blacked out bits that I think they will leave in. Namely. the section headed "uncollectable accounts." Should I ask Cabrots now in a seperate letter, or ask in court. Also as I have time, Is it an idea to NOW send Cabrots a S.A.R. request? fussey

I had told the D.J that the previous court order had told Cabots that the original agreement had to be produced at the hearing. along with the D.N. and the Notice of Assignment He just said that was the other hearing, and Not his. He made reference to the Manchester case, and Rankines. The other judge told me to send in a Skeleton argument with the points of law I was questioning or relying on. But, not to quote case after case and have a long list of rulings. This one complained that I had no defence, and the case (for the defence) SHOULD HAVE BEEN THROWN OUT. i HAVE BEEN TO (a few ) courts, but this one was the worst. thank goodness they are not all like the D.J. I had. I really trhink he had made his mind up that we had lost. until the last point. But if we have lost. (next hearing to be announced) they can only claim £150. arrears. would they still be able to claim their costs on top of that.? currently running at £2,500.00p s.f.

Hiya, i'll continue. I said I'm sorry but you have just asked me if I have conflicting T&C's, and I do from Cabot, I am not interested in those he barked. They don't matter. Now do you or do you not have the originals? I said no. then he asked "Cabots man" to confirm whether or not they would be the original. He said he would look into it for the next hearing. Then the D.J. asked what else I didn't agree with. I told him about the, "interest rate" not correct. he said it didn't matter as it was on the T&c's and that it could be varied. I said the dates of repayments, frequency, timing etc. He just looked thro' the terms & c's to each point and said "they are all answered here." He said, " so thats the agreement decided. I will not go back to this at the next hearing, this is finished, do you understand?". So I had to agree. Then he asked if that was it. I said no sir. well what else do you think is wrong. I said the Notice of Assignment, I haven't recieved one. So he asked Cabot how do you send a Notice of Assignment out. He told him that it would be "computer generated" when they took over the account. The D.J. asked if anyone needed to "press a button" to send it.Cabot said NO, it was automatic. Yes then I will accept that it would have been sent then...... So I asked about the Deed of Assignment the one that was "redacted" or in other words completely blanked out. Showing no proof whatsoever that it had a connection with my a/c. Suprise Suprise the D.J. agreed with ME.....it was completely useless and had been redacted a "little over keenly" So as the case was going to be adjourned could Cabots supply one next time that had alittle more information on it. Right is that it now Mr. Fussalot. No sir. He then actually groaned. I asked about the Default notice. the D.J. looked at Cabot. Cabot said, well sir for the reasons already given no D.N notice was required to be sent by either, Cabot or Monument I asked, Can I ask Mr Cabot a question, was a D.N notice sent. He replied he couldn't answer for Monument as he didn't know, BUT as they were claiming only the arrears, it wasn't necessary anyway. I then asked how do you get the ARREARS to be the same as the capital sum total. THANK you Mr. Fussalot. The D.J. iterrupted, I am conducting this court not you.... He looked at Cabot and said "well". ( I thought, this'll be good ) Cabot replied that" the dictionary definition for arrears was, any money owed or not paid, that should have been". Guess what the D.J. said............ Correct.. very well, O.K. That was it. I said So,as Monument did not send a D.N. notice the account had been unlawfully terminated And unlawfull rescission means I can claim damages. Thank you Mr. Fussalot be quiet. Then he looked at Cabot, is this correct has the account been terminated I could sense the dissapointment in his question. This time Cabot got flustered, rummaging thro his papers he said he was not aware that the account had been terminated. The D.J. said how do you know it has been terminated. I said the letter from Monument saying " the arrears of £150, has not been paid, this account has now been closed." s.f.

Hiya All, so Sorry I could not post any earlier. Mad three days at work. didn't finish til late last night. Went To Court Adjourned again. Went in, different judge. went to sit by judge, my wife next to me. No, Mrs Fusslot sits there, you sit there. he snapped.. (its my wifes case). I stood up, and said sir, may I speak for my wife, she's still ill and..... NO YOU MAY NOT, now sit down and keep quiet, That was a good start, my nerves completeley shot.. Mrs Fussalot was not well and wanted to "give up" and agree to anything from Cabrot. I persuaded her to be there as she would not (and could not ) be able to say anything. When he asked the first question to my wife, there was a horrible pause, I then asked, as my wife was ill can I please answer for her. The D.J. took off his glasses and sighed, Mr Fussalot. I do not like people trying to be lawyers, it does not help, and it does not do your wifes case any good to be represented by someone untrained. However carry on. Of course by this time I am "all over the place" Well what do you think is the matter with the agreement? he asked. I said, well it is not an properley executed agreement, and as such it precludes the cou....... Thank you Mr. Fussalot, the D.J. hissed. I don't want a speech just answer the question. I said for the start, this is no more than an application form. An application form can be an agreement Mr. Fussalot. Helooked at the opposition, and said I assume thats what you are saying. Yes sir. he replied. Why would this not be acceptable then Mr. Fusslot? It was at this Point I couldn't believe what was happening, I just wanted to run. I said it doesn't have the prescribed terms within the agreement. What are the prescribed terms Mr. |Fussalot? Well for one the number of repayments. Two there..... Just aminuet He interrupted, lets have a look in the terms and conditions. Thats another thing I said they are not the original terms and conditions. Mr. fussalot, I will not tell you again, I only want you to answer the question, not to keep interupting. But they are of no use, they are not the original t&c's. Getting anoyed, he said how do you know they are not Because. late penalty charges state £18. we have never had £18 for L.P's from the third statement we have proof that the L.P's have allways been at £24.00 also fro the S.A.R. req from Barclaycard they list £24 from "day 1". Mr. Fussalot. has it never occurred to you that the charges may have "gone up". No sir, to do that they must give 30 days notice to vary the charges. AND if you look in the "RAW DATA". entry for X/X/X. following my CCA request, it says T&c's used. Sept '06, when the a/c was opened in 2002. The D.J. then looked at Cabots man who said" It is not necessarrilly the T&c;s used from that date. The D.J. made a note of this. He cited the Manchester case as to the T&c's can be on seperate forms. I then told him that, when I asked Cabot for a CCA request several years earlier, they had sent yet another different set of tc's. Can you produce them the D.J. asked. not here. I said I didnt bring them Mr. Fussalot why on earth did you not bring them to court? I said that as I hadn't entered them as evidence before I didn't think they would be able to be used. He threw his arms in the air. So we need an adjournment for you to produce the original T&C's. No I don't have the originals. He flew into a rage you have just told me you have the originals. he shouted. I was flabbergasted, I said no sir, I said Cabots supplied me...... Mr.Fussalot you have just told me you do have the originals yes or no? I said Im sorry if I gave you the wrong.....Mr.Fussalot I will ask you once more. "Do you have CONFLICTING T&C's yes or no". I said yes. He threw his pen on the desk,. I said but they are from Cabots. must go to work now, back soon

Hiya All, Case was yesterday, what a fiasco.... will post all details up later.. Hearing Adjourned. Cabots only claiming ARREARS. as "Their Man", has looked at the dictionary definition of arrears and concludes.. " It means any money owing. ". So their plan looks like, waiting for the debt/repayments to fall behind, Then claim them to be arrears. THUS, no D.N. required. I argued the point with the D.J. that Arrears in context of the CCA did not qualify as the legal arrears in the case. D.J. did not want to know and accepted their argument for no D.N. needed will post full details later... ( talk about Biased Judges. ) Sir Fuss

Well, well ,well............ No wonder Cabrot get P**d of when people start to fight back, and upset their routine. It must throw a tidy sized "spanner in the works". After all, now they have to find ALL the paperwork that proves there is a legitimate debt. AND, they have to get ALL the case properley documented for any court action.... ( well, in theory they do..). What a FANTASTIC Business set up ! Buy cheap problem debt. Dont bother to try to sort it out. go straight to court do not pass GO.. Bang on a Charging Order... WOW regular monthly income. FANTASTIC>> Fussey..

Cym.. Your copy of their actions log didn't say, " Await CCJ", "Take note, CPC Claim with Charging Order as proposed action"; wouldn't have said the above like mine does, would it ?? sir fuss.

Hiya all, Latest Development I Sar'd Barclaycard, who took over Monument card, just received their reply. This WAS SENT s.d. and they received it 04/03/10. i sent it to London office (Churchill place). Their 40 days are up 11th April. Now it turns out that I had a Barclaycard account that I finished in 2007. Surely they should have details about that account, (re; the money laundering act, requiring details to be held for so long after the account is closed.) or does the S.A.R request only apply to the A/C I quoted. ( Monument )? puzzled. sir fuss. I thought it was a request for ANY details held on me.

This has allways been the problem with B.T. Burt surely, they would have to be able to prove charges?

That's about right........ This is why they are so beligerent when it comes to "customer care". Had aletter off them recently saying if bill not paid by , so and so date they would suspend service. Fair enough. But, date on letter was 10 days previous to my receipt of the letter which was sent by TNT so no date on envelope. letter arrived Tuesday, thought " i must sort this out at the weekend. service suspended thursday. Grumpy, Fussalot

Diddy, Talk about take the wind out of my sails.. when you said it was O.K. Then I kept "thinking" and realised what had happened..:grin: More armour, eh. Fussey

D.D. I haven't altered the above notice I couldn't understand how you thought it was "acceptable" That is EXACTLY as it came. fussey

This is the assignment letter they sent.

Hiya. Thanks all, for your input. I must have spent 12 hours on this statement in total.. But I have learned what its purpose is, and not to put in anything that is not applicable... thanx DD.. this ones gone, and a copy to the enemy I am Mrs Mouse the Defendant in this case and wish to make this Witness Statement. 1 On or about Agust 2008 I was contacted by "Fire" who acted on behalf of CABOT and was informed that I had defaulted on a "monument" credit card agreement which I had taken out in 2003 2 On 22nd November 2008 , I made a request under s78 CCa for a copy of the aforementioned agreement 3 On 4th April 2009,I received, in response to that request , a copy of a pre contractual application form which was purported to be a true copy of the executed agreement and a statement of account. I also received a separate document containing terms and conditions. 4 A “copy” of the “Notice of Assignment” which was supplied contained an intelligable handwritten note at the top of the letter, saying, ”Representation of letter dated 3/10/06.” It is unsigned. And the rest of the letter is completely unintelligible. It offers no evidence as to the Claimants claim that a Notice of Assignment was served. And I put the Claimant to strict proof that it was, with evidence of the same. Exhibit D2 5 A t the end of August 2009 I received a County Court Claim from Cabot via Northampton County Court. I acknowledged the same, and it was transferred to Walsall County Court. 6 The Particulars of Claim were vague. 7 On the 3rd September 2009 I made a request under CPR 31.14 and requested copies of the following documents mentioned or referred to in the claimants POC.; a) a copy of the executed credit agreement b) a copy of the Assignment c) a copy of the Default Notice I sent this special delivery and it was signed for by Morgans the following day, 4th September 2009. Exhibit R1 8 On the 6th October 2009, I received a response from Morgans solicitors regarding my CPR request. 9 They supplied a copy of an application form, statement of account and a set of terms and conditions different to those supplied under s78. The letter intimated that a Default Notice was never served. The letter claimed that a copy of the assignment would follow, it did not. 10 The letter claimed that a default notice was only required in the event of an intent on their part to terminate the agreement. Exhibit CA 7 11 The copy of the deed of assignment is key as to whether the Claimant has a right to bring a claim, and following the claimants failure to provide this I asked the court to order the claimant to comply 12 His Honour Judge SMITH made a court order for the original documents to be brought to the hearing of the 5th February 2009. ( page 1 of Court Directions Order dated 11th November 2009. order number 7 ). Exhibit CO1 13 The court order was ignored by the Claimant, and no documents were available at the hearing. 14 My own Witness Statement was also missing from the Hearing, so His Honour Judge SMITH ordered an adjournment which was agreed by both parties. 15 It was agreed between the parties that the copy of the deed of assignment provided by the claimant would be a redacted copy due to commercial sensitivites. 16 Due to markings out on the The Redacted copy of the Deed of Assignment which was subsequently supplied by the claimant- it shows no evidence to support the claimants right to bring an action against the defendant. 17 It has been unnecessarily blacked out in key places, and makes no referral to the Defendants account. 18 I have still NOT been supplied with the Default Notice, nor the termination Notice, if at all. neither has the Claimant shown that he is entitled to bring this action. I believe this Witness Statement to be true. Signed................... ......................... ...... A copy of this witness statement has been posted special delivery to Cabots solicitors (Morgans, Rugby. On 16th March for delivery 17th March 2010) Halleylooya, (cant spell it properley) If the original court order, on the 5th feb, (which had to be adjourned), was for the original documents to be bought to court. Will that order still be required ?. as that way, they will have to disclose. fussey.

Well it's two day's late, but Heres My Witness Statement. In The XXXX County CourtClaim Number: XXXXXX Between; Cabot Financial (UK) Limited Claimant -v- XXXXX XXXXXXX Defendant Witness Statement of XXXXXXXXXXXXX I am XXXX vxxxx the Defendant in this case and wish to make this Witness Statement. 1 On the 5th September 2008, I received a letter from a company called,”Fire”. They informed me that they represented a company called,”Cabot Financial Group”. They said I owed a debt of £3114.34. to Cabot and wanted full payment. Exhibit F12 2 I wrote back to “Fire”, asking what this alleged debt was for. They passed the letter on to Cabot, who acknowledged receipt of my question in a letter dated 18th November 2008 .They informed . me that it was for a “Monument” credit card, opened in January 2003. Exhibit CA1 3 They stated that the said account was “Defaulted” on 28th August 2006. They did not ask for any payment. 4 As this information was incorrect, On the 22nd November I wrote asking to see a copy of the original agreement. Also to confirm who I was now dealing with, Cabot or Fire.? Exhibit CF1 5 On the 2nd December 2008, I received a reply from Cabot, “acknowledging my request for Information under the CCA Act.” The letter informed me that, ”Cabot was NOT obligued to supply this information, but that they were “pleased to help”, and had requested the information from the original lender”. They stated that they anticipated being able to supply the information within the 12 day time limit. Exhibit CA2 6 On the 16th of December 2008 Cabot wrote to me to tell me that they still had not been able to. supply the requested documents, and that as a “Gesture of Good Will”. They would place my “account”, on hold. Exhbit CA2b 7 On the 29thDecember 2008, Cabot wrote once again to say they still could not provide a copy of the requested documents. They had now had 27 day's to comply with the CCA request. Exhibit CA2c Section 78(6) of the CCA 1974 states: If the creditor fails to comply with , s 77/78 Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement.Despite this . Cabot continued to apply interest charges to the account 8 On January 9th 2009, I received another letter informing me that no documents were to be forthcoming.Interest continued to be added. Exhibit CA3 9 In a letter dated 6th April 2009, Cabot declared that ,”All relevant information had now been provided”.Over 4 months from my initial request.They enclosed,” Credit Agreement.This was The application Form. Statements of account. (copies) Terms and Conditions. Did not match up to alleged “agreement”./application form “Introductory” letter was not in letter. Exhibit CA 4 ( the statements are not included in this exhibit CA 4.they are in the Claimants Trial Bundle- and are not disputed.) 10 The “copy” of the “Notice of Assignment” had a handwritten note at the top of the letter, saying,”Representation of letter dated 3/10/06.” It is unintelligible and unsigned, and as such offers no evidence as to the Claimants stance that a Notice of Assignment was sent. And I put the Claimant to strict proof that it was with evidence of the same. Exhibit D2 11 A t the end of August 2009 I received a County Court Claim from Cabot via Northampton County Court.I acknowledged the same, and it was transferred to Walsall County Court. 12 The Particulars of Claim were vague, with, “Despite requests for payment the Defendant has failed to pay the sum of £3405.09. In relation to the Defendants Monument Credit Card a/c.” With no mention of what charges were incorporated or how calculated or on what basis.. 12 On the 3rd September 2009 I wrote special delivery to Morgans, Cabots inhouse solicitors. with a CPR request. Exhibit CA5 and CA5a 13 This was received and signed for at Morgans on 4th September 2009. Exhibit R1 14 The CPR request was vital in order for me to be able to conduct a proper defence as there appears to be many flaws with this case.However despite a follow-up letter posted 1st class I had still not received an acknowledgement or reply from Morgans. Exhibit R2 15 On the 6th October 2009, I received a letter from Morgans solicitors regarding my CPR request. They claimed that the “undated letter was received at their office on 4th October.” The signed letter was delivered on the 4th of SEPTEMBER according to the Royal Mail. ( I refer to Exhibit R1 above; (signature). ) 16 The letter (above), contained, A a copy of the application Form.which they referred to as the - agreement. B Copy of different set of Terms and Conditions C Copies of account statements. I was also informed that they had requested a copy of the Deed of Assignment from their storage facility, however, this could take up to aweek to retrieve. Exhibit CA7 17 In the same letter, (above) They have implied that there is no Default Notice, as they were not necessary. However, they then go on to say that they would only be required in certain circumstances. One of these circumstances would be the Termination of the account. 18 If that would be the case, no Default Notice, then the account would have been “unlawfully Terminated”. An unlawful rescission would lead to a claim for Damages. 19 In view of these documents NOT being forthcoming, it has been hard to form a “just and proper Defence”. 20 Despite the assurance of the earlier letter from Morgans claiming the Notice of assignment could take up to a week, there was still no sight of this document. 21 As this document is key as to whether the Claimant has a right to bring a claim, I asked the court to make these crucial documents available at the hearing of 5th February 2009. 22 His Honour Judge Crowley made a court order for the original documents to be brought to the hearing of the 5th February 2009.(page 1 of Court Directions Order dated 11th November 2009. order number 7). Exhibit CO1 23 The court order was ignored by the Claimant, and no documents were available at the hearing. 24 My Witness Statement was missing from the Hearing, so His Honour Judge Crowley, was minded to have to adjourn, However it was discovered that the Claimants representative had not brought the documents as ordered so, by mutual consent, it was agreed to adjourn. 25 The Claimant was ordered to supply a copy of the Deed of Assignment. However, the Claimant averred that “due to the commercially sensitive nature of the Deed”, it would need to be a “Redacted” copy. This was accepted by the Defendant. 26 The Redacted copy of the Deed of Assignment as supplied to the Defendant is no evidence to support the Claimant's case that he is entitled to bring this action. 27 It has been unnecessarily blacked out in key places, and makes no referral to the Defendants account. 28 I have still NOT been supplied with the Default Notice, nor the termination Notice, if at all. Neither has the Claimant shown that he is entitled to bring this action. 29 The Claimant has failed to show any evidence that he has title to pursue this case, if at all. The Claimant has failed to support his claim with an executed credit agreement, and failed in his responsibilities under CPR rules.His actions thus far, have not helped the Defendant to be able to assess whether or not there is a case to answer. I believe this Witness Statement to be true. Signed..................................................

hiya Cy.. That's how I read it at first glance, BUT; (1) It is not sufficient for the piece of paper signed by the debtor merely to cross-refer to the Prescribed Terms without a copy of those terms being supplied to the debtor at the point of signature Look again, You DIDN'T have the PRESCRIBED TERMS included in the first place!. Cym' this is my opinion. As you said Try to cover ALL arguments.. Fussey.