Me again, I have completely put aside the other claim :/ I need to submit a witness statement by Thursday - well before if possible. They have sent me their witness statement and docs to support and I will post these up later - have to go to my mums. CCA is still illegible. Ive been reading the CPR again and its says about pre action conduct. I have never received anything from Marlin or Restons prior to the court claim forms - even though they are claiming to have sent the assignment notices, I have never received these. As previously stated I could of had the Lloyds ones but I just binned all correspondence from Lloyds without reading them (big mistake!) Should they have sent me a letter warning of court action before actually making a claim? Obviously the Court are going to say he said/she said about the assignment notices but I just want to be sure of this before I start focusing my attention on it (my brain can only take so much). Thanks in advance!

I've had a costs schedule from restons today for £1252.00, guys I'm really panicking now. I've done everything a$$ backwards - I really don't know what to do? I've got a hearing next week and absolutely no idea what I'm doing. I'm guessing thheyve been following this thread can anyone give me some advvice

thanks Andy

no the bigger claim

its for the credit card and overdraft

but i have nothing to defend this case with, the overdraft is definately out and ive been quoted £600 for a barrister to attend the summary judgement hearing with no guarantee of success so what would i put on the witness statement?

submit what?

No I didn't send one as I had nothing to say in my defence, I thought they'd just get judgement and that would be that but now I've been told this about them adding contractual costs

I'm going to lose anyway Andy I just don't want them to be able to claim anymore than they already have Loobie

As a minimum write to the court and tell them that they are now claiming contractual costs when their claim form doesn’t plead that. They will hopefully then just be lumbered with the ?100 that appears on the claim form Hi All, I got some free legal advice and they have said the above as in Restons application they have said about contractual costs and I have been advised to write and point this out. Can anyone help me with what I can say - Im no good with court speak Also if I dont attend can I send something to the Court telling them my income/expenditure before the summary judgement hearing Loobie

will post up as soon as I receive

But Ive read that as long as its an enforceable agreement then basically they can do whatever else they like as far as her witness statement goes she claims the only reconstituted parts are the t&c's and the accompanying statements, so if I pursue this and the judge deems it enforceable then its just racking up more costs I just wish I had found you earlier as your help has been invaluable! Regards Loobie

oh just a quick one Ive got home to another application for summary judgement for the loan claim - this one I am going to fight as the cca is totally illegible so will post more when I get the ws. Loobie

Ive gone round and round and round since receiving this claim form - only thing ive achieved is a 2 stone weight loss:whoo: who needs weight watchers just get Restons on the case. in regards to my defence - it was scant as they had provided no documents which I had requested but now they have (not all requested documents but some) I don't think I have a case to argue apart from the lack of default notices! (maybe somewhere deep within the cpr rules it hides) but it might as well be written in Greek for all the help its been to me. Ive read cases on here which have been lost and the posters are really confident and seem to know what they are talking about - sadly this is not the case with me. So thanks Andy for all your help on this one but I dont think I can possibly go anywhere with this:sad: Cheers Loobie

Hi Andy, the letter was her inviting me to withdraw my defence as it had no prospect of success. I can post it if you want the full version? Loobie