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positivetilltheend

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  1. Any thoughts guys on my post at 31st May 2013 06:55. Could really do with some help on this please. Thanks
  2. I have now been to court for my second hearing. It was a different judge this time and guess what? The Judge adjourned it again! I have now got to wait for a third hearing! I have lost all faith in this system and feel that the Judge was completely biased to the creditor’s solicitor. When I went to the first hearing the creditor had failed to produce the original agreement, Notice of assignment, Default notice and full history of credit card statements. the Judge decided to provide them with 28 days to get the info together. After 30 days the creditors sent a copy of an agreement, some statements with no figures on, they were all just £0, a supposed copy of a Notice of assignment. A further 14 days later (thats 16 days after the 28 day order) they sent some statements with figured on but many were missing, they were sent long after the 28 day order. Now what I fail to understand is why an order made by the judge means nothing. The creditor has been allowed to take zero notice of the 28 day order and they have continued to send further bits of info way after the 28 days. The second Judge has considered everything that they have sent in after the 28 day order, even if it was sent weeks after the 28 days! at the second hearing and the Judge says that they have still not provided a Default Notice and many of the statements are missing. this new Judge decides to say that she is going to adjourned it yet again and give them even more time to get the info together (why not just give them 12 months to get it ready!). This has now been going on since February 2013! what was the point of the first order made? Nothing, an order by the Judge means nothing, what was the point of the first order? Also if you look at the entire credit agreement I uploaded recently you will see how the interest rate displayed on the online application is a lot lower than the one displayed in the credit agreement. The amount they are claiming is also made up of a few thousand pounds worth of interest, this does not seem to have been mentioned on here by anyone yet. Can anyone suggest what I do now? I’m at my wits end now with all of this. Many thanks
  3. Hi, I have attached the agreement that I have received from BW Legal, please can you let me know your thoughts on this guys. Also I'm stuck on how I apply for costs, I have spent a great deal of time dealing with this since Feb so just wondering the best way to lay me costs down on paper, what do I put and how much etc? Any help would be much appreciated. Once again thank you so much for you help everyone so far, its helped me so much. Thanks
  4. If you can help please let me know and I will start uploading the scans. Thanks
  5. Hi If they have sent info through after the date specified on the court order will this be taken into account by the judge. They failed to send the default notice and full account history of statements before the date ordered by the judge. The info they did send was also 2 days late of the date set by the judge. Thanks
  6. Hi, Please can you let me know how to apply for costs, and how to fill out the required info? Thanks
  7. Hi Yes they made an order that they submit the agreement, statements etc within 28 days after the first hearing. They provided some of this but it was outside of the 28 days. The account is mine but based on everything they have sent i'm unable to see how they have come to the figure they are stating. It was opened online. Thanks
  8. I received a statutory demand from BW legal in February 2013 that was posted through my door. They said in the letter that they had tried to serve the demand on a few occasions but I was not in so they pushed it through my door. Based on the advice I read on this forum I decided to try and have it set aside based on the following reasons: 1. The claimant had failed to provide a copy of the original agreement. 2. The claimant had failed to provide copies of any valid default notices. 3. The claimant had failed to serve a Notice of Assignment. 4. The claimant had failed to provide any statements for the duration of the disputed agreement. I also sent a CPR 31.14 Request to BW Legal, SAR to MBNA and a CCA to The Lowell Group. I attended court in March and the Judge decided to allow BW legal a further 28 days to get the paper work together to assist in their case. The 28 days went by and BW Legal had not provided the court or me with the paper work ( any of the 4 points above). I sent a letter to the court making them aware that BW legal had failed to comply with the order and requested the matter to be set aside. A week later I got a letter from the court stating that BW Legal had another 7 days to get the paper work over to me or the case would be closed. On the seventh day the paper work arrived with their new witness statement. They have sent me a copy of an agreement that looks like it could be for anything, it has my name and address on it but I have not signed it and it does not say exactly what it is for. It gives financial info etc. How would I know if this is a genuine agreement and if it’s acceptable? They have also sent what they say is a Notice of Assignment, I’m not sure if and how I know if this is a true and acceptable Notice of Assignment? They have send several copies of letters stating that I owe them money and I can get the amount reduced if I make them an offer. They have sent statements over a 5 year period but a lot are missing, one full years statements are missing and a few months are missing from most of the other years so it’s impossible to see how I have come to owe this exact amount as the expenditure is missing! These is also a lot of interest and late payment charges. Please can anyone help me as I have to respond with my second witness statement this week. What should I do now? Many thanks
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