Ok guys, it's nearly done - yes, taken ages again but I'm trying to fit it in around lab time too since I'm now back in uni. I'll post it on here later then I'll list the statutes/case law I'm relying on then it can be emailed to Restless Restons tomorrow - the court can have it by hand - I'm within walking distance from uni.

Thanks Chris - I get what you are saying - the only likely problem there is the difference in the dates between my signature and theirs....I've therefore removed the bit about the cancellation. I have got the Wilson v Hurstanger to go on with the 'four corners' argument .... if I beat them on this I'll call the house Four Corners

Blast ... after loads of reading - this is not a cancellable agreement ...

Can't find SI1983/155 can anyone help please?

Both cases are on this thread, I'm afraid. The witness statement concerns the first case - hearing 7th April - the agreement form is on post #157 so no the witness statement does not relate to the application form.

Hi Paul Does the statement look ok do you think?

The statement so far.....

I think Chris was talking about the cancellable agreement thing - they sold it over the phone and sent the agreement to me to sign - as far as I can see it says nothing about cancelling the agreement - the agreement itself is shown on post #157 on this thread

Oh I forgot, this is the reason they say they didn't send me any docs ... they weren't satisfied as to my identity - I'm wondering if there's any recourse to the Data Protection Act here?

Thanks Paul - I'm back again now - had to feed the kids and generally get everything going as you do in the morning and OH is out for the day.... Right, with this first case, I'm querying the enforceability of the agreement - no clause for cancellation, and the T&C being on a separate document (I realise this is a sketchy one but I'm happy to go with it until or unless they show me the original) They've told an untruth in their appn for SJ saying that I'd asked for docs by email (as if!) and of course I can prove this by showing the 'signed-for' receipts They haven't given me any statements or breakdown of how they arrived at the figures - very brief PoC, etc I'll show you what I've done so far - most of it adapted from car2403's statement .. I think it's looking ok - should I post it on here?

I can do it, it just takes a long time that's all...and I really don't want to be in the position where I include examples of statutes and case law (if they're the right terms) without knowing what they mean to my case. How have I misunderstood? Does this mean I've done something wrong?

probably because it doesn't come easy to me - I'm only halfway through TBH and it's important that I don't mess it up otherwise I'll regret it you can count on that. ... it's ruined my life for a lot longer than that! Please understand - I'm doing my best

On the N244 ...'Take notice that if the respondent to this application for summary judgment wishes to rely on written evidence at the hearing, it must file a witness statement and serve copies on the claimant's solicitors, Messrs restons of Trinity Chambers, 800 Mandarin Court, Centre Park, Warrington at least seven days before the date set for the summary judgment hearing'

I'm not sleeping - haven't slept well for several months but this isn't the only reason.... What the heck am I to do about the 7-day rule?

OK - this is getting way too complicated for me and I've struggled for the last 6 hours or so trying in my pathetic way to drum up some sort of statement, which when I serve it - even if I drive up to Warrington on Monday to serve it in person (yes, I am seriously thinking of doing just that) will be out of time anyway and you can bet your last damn dollar that as stupid as this double act appear to be, they'll pick up on it being out of time and it'll get ignored by the court, they'll get judgment and ultimately get the house...which, lets face facts is exactly what they're after - I'm lost

Umm, that's what I'm after but is it ok to quote it in saying that the agreement is unenforceable due to the T&C being on a separate sheet?

I can't find the bit of the CCA which specifically refers to the T&C being within the 4 corners of the agreement .... can anyone help please?

Thanks for that ... it's on its way

Hi Paul and Chris, I've done a statement - not a brilliant one - true enough but I wondered if one/both of you would glance over it before I serve it? I'd prefer to email it as I don't want it to fall into the wrong hands, if you get my point..... Cheers both.

Oh, I wish.... Anyway, that's for the 7th April - right now I need to get that statement perfected and served - do I need to quote the case law I intend to rely on - presumably the sols will have access to the cases and I won't need to quote anything .... how well do I need to know them?

Thanks Chris, sorting through and drafting as we speak....it takes me ages though - I find it all so complicated!

I think it's probably too late to apply for SJ at this point in time - I've made the mistake of leaving this too late and am prob going to suffer as a result. You mentioned in your thread, Chris, about whether or not the agreement was cancellable ... my CCA is almost a carbon-copy of yours and it was arranged to pay off a maxed-out card - over the 'phone just as yours was. There is no cancellation clause in the agreement....adding to its errors along with the dodgy (possibly) T and Cs. I think, then the basis of my statement will be (see post #157) Inadequate PoC - the fact that they issued online is not an excuse. With respect to item (3) (their failure to disclose) they state that they weren't satisfied as to my identity as the request was made by email - not true - it was twice, in writing and I have copies of their signatures as proof of delivery. I can't query/disagree/agree wit the amounts shown as they've not given me any statements. Would this lot do as a witness statement/skeleton argument? I think I need to attach proof of delivery, etc. to the statement? Thanks.

funny you should say that, Chris, that's just what I'm doing ATM. How do I lay out a witness statement and will this need to be served on Restons before the hearing? I really don't want to give them any insight as to what I'm thinking. They've lied on the application form - not a major lie but def an untruth. They haven't given any statements so where's their evidence for the figures? And I think the T and Cs are a separate document but I need sight of the original. I'll keep reading your thread - yours and mine are similar in many respects.

Hi, Back again! Paul, would you be able to give me a bit of assistance with my skeleton argument for the first hearing .... I'm dealing with one at a time to avoid any unnecessary confusion. Should my argument be in the form of answers to the points Restons raised in their application for SJ? Thanks, Bug.

Thanks Remus .... just last minute stage-fright I think!