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Number6

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Everything posted by Number6

  1. I attended court on Thursday. Was accosted by the DVLA prosecutor who asked me a couple of questions. I just gave him a blank stare. Anyway, I entered my not guilty plea and the trial is set for 24th May. Any tips, apart from the obvious, about how to approach setting out my defence?
  2. Thanks Old Bill, every little helps... Does anyone have a case number I can refer to in court?
  3. Can anyone tell me what the court ruling referred to above is? Any link to the judgement?
  4. I just want to check the current status. Usual story - sent notification of disposal of vehicle to DVLA Received Mags Court summons Wrote to "The Prosecutor" stating I intend to plead not guilty and defend the case, seek to recover costs, etc. Received reply from "The Prosecutor" saying it's my fault, they will proceed to prosecute the case but offer me "the opportunity" to have the case withdrawn if I pay them £55! I'm not paying them anything! I will plead not guilty and attend the hearing. In my defence I intend to quote the Interpretation Act and section 22 of The Road Vehicles (Registration and Licensing) Regulations 2002. Is there anything else I should be preparing or doing? Thanks for your help.
  5. Excuse me butting in, but I have the same problem. Should I start a new thread?
  6. I was about to post in similar vein to Cartaphilus. Something doesn't feel right here. £123 a week? That's less than minimum wage, isn't it? Assuming a 40 hour week that is.
  7. I have received the AQ Should I agree to Small Claims Track? Or ask for Fast Track?
  8. Fairfax have made no mention of an extension in their letter and it's clear that they're treating it as a CCA Sec 78 request. I'm inclined to submitting the defence denying everything and putting Fairfax / Arrow to strict proof. If I do go this route then should I just state a bland denial, or should I include in the defence a comment that the claimant hasn't offered any proof?
  9. Hi I hope you don't mind me jumping in here but I have a similar problem. I'm currently dealing with a CC claim from Fairfax, on behalf of Arrow Global who claim they are the assignees to a CC debt from Lloyds TSB. The CC claim form is the only paperwork I have whatsoever. It's HERE I wrote to Fairfax using the CPR 31.14 template letter requesting the agreement, DN, Assignment and Notice of Assignment. Today I got a letter from Fairfax HERE It's obvious that fairfax are idiots or are trying it on. I need to get a holding defence into Court in the next couple of days and I also need to reply to Fairfax. Could someone point me in the direction of information that enables me to build suitable replies to both? I'm assuming that I write to the court explaining that I have nothing on which to base a defence and that I will submit a full defence as and when I receive the requested documentation? How should I word it exactly? And how should I deal with Fairfax? I could just ask them to re-read the original letter I suppose , but seriously, how should I reply?
  10. Today I received a reply from Fairfax re: my CPR 31.14 request. It's HERE They have made no mention of 31.14 and instead are referring to my CCA Sec 78 request and are asking for £1. They further state that they have passed on the request to Arrow Global, who in turn have passed it back to Lloyds to obtain the documents! So, I read from this that 1. a) they haven't read my letter properly or b) are being purposefully obstructive. And 2. Neither Fairfax nor their client actually have any documents in their possession. But they lauched a claim anyway without any evidence to back it up! So now, I ask again... How do I word my holding defence? I've never had to submit one before and I can't find a template on the site. And... How do I reply to Fairfax? I assume it's only fair that I write to them and point out that they've misread my original letter, but what else do I say? Thanks in advance...
  11. Righto Head back in one piece and amended claim form now HERE I really do have to get the defence in in the next day or two, so if anyone could point me to a form of words for the holding defence I'd be very grateful. Do I just write words to the effect of: "Claimant has not responded to my CPR 31.14 request at all and without the requested documents I cannot submit an effective defence" And attach a copy of my CPR request letter? Or is there some other specific form of words that I should use. I reiterate that the only info I have is what's on the claim form, I have no other documentation at all. Neither have I received ANY response at all to my CPR letter. What should I do? Please... anyone?
  12. Should I do this: http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage&p=1771008&viewfull=1#post1771008
  13. Just for further clarity, I have no paperwork from the claimant at all. All I have is the actual claim form so I have nothing at all on which to base a defence.
  14. Thanks for the further replies. I'm reading through the indicated threads and it is all slowly coming back to me, I used to be a fairly dab hand at all this until the claims on me stopped a couple of years ago; most of the knowledge has slipped down the pecking order. But it will come back. However, for now what I need is how to respond in the immediate future. Fairfax received the CPR 31.14 letter from me by fax on 27th September, they would have received the hard copy next day. So it's now been seven days since they had the CPR request, I've had no reply at all. So, presumably I submit an "embarrased defence" to the court, is this correct? If so I've never had to do one of those so is there a link to the appropriate form of words? Or is there something else I should be doing instead, or in addition to the embarrased defence?
  15. Right I sent the appropriate letter as per above last Monday, by Fax and Mail. I have not heard a peep back! Not even an acknowledgement. What do I do now?
  16. Click the text in the post above yours for the full size image. Or click HERE
  17. Hi all Long time no see! I thought this one had gone away, it's been a couple of years since I submitted a request for the original agreement etc to LTSB and heard nothing. A couple of weeks ago I received the attached CC summons. I've faxed in the Acknowledgement but now I need a bit of help to oil the rusty wheels in my head, to wit - what do I put on the initial defence form? I sort of remember roughly but I could do with an exact form of words if anyone could help me there? Thanks in advance.
  18. It's been a while since I've done this and my mind has gone rusty! I need to submit an initial defence to a claim brought via Northampton. I can deal with the later parts of the case if or when the CC company decide to prosecute the claim but I can't get my mind into gear to decide what I should put on the defence particulars to Northampton Bulk Centre. I'll be preparing a defence based upon an unenforceable agreement, lack of proper (or any) default notices etc. Can someone either point me to a thread that will give me an outline of what to write or alternatively give me a quick primer? Ideally I need to submit the defence this evening. Many thanks everyone.
  19. On a quick initial read of the judgement summary it looks like the door is still open to proceed against the banks under Regulation 5 of the Unfair Contract Terms Regulations 1999. Is my hasty decision correct?
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