HFO claimform - old Morgan Stanley Card Debt **WON**

[DonkeyB]

Good news. You'll need a rock-solid argument, and the CAG stars will make sure you get it. Go for it BA!

[Rhia]

Follow Surface and Pt's advice. Also re the sales agreement a few posts back. Is that all they sent you? The ones I have in my possession are a few dozen pages long. All you seem to have here is the opening page. Push for the rest of it thee will be some revealing things in this I am sure. Good luck.

[broken arrow]

Any ideas regarding of my CCA,which I could use in my appeal.

 

http://i344.photobucket.com/albums/p350/brokenarrow_08/appli.jpg

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http://i344.photobucket.com/albums/p350/brokenarrow_08/terms-2.jpg[url=http://i344.photobucket.com/albums/p350/brokenarrow_08/terms-2.jpg][/url]

[Rhia]

The first one does not have the prescribed terms refer to S60-65 of the act. It is obviously also a mailer which needs wetting around sides, sticking together and returning to the company as an application. Pay special attention to the shape at the bottom it is obviously a mailer but blow it up as large as you can and study it inch by inch. Also find section re ad materials in CCA and legibility etc it's in the early part.

The 2nd has been tacked on as it does have the prescribed details but they should be put to strict proof that this is one and the same document. There is a thread/sticky on here somewhere re the production of original documents in court. I got stitched by this in court as all i took was a statement from OC to say it was complete and the original when it clearly wasn't and the judge let them get away with it. You will need ot have a strong argument to cross examine them re original docs.

It is also (and this may be your main argument) illegible. And this in itself means game over. You need the relevant case law re legibility of docs and the OFT guidelines on this.

Have you thought about getting a barrister either from the pro bono (free but difficult to get) or the direct access scheme. Nowhere near as costly as a solicitor. You do all the spadework under his or her instruction and they tell you how to argue and they will represent in court. PM me if you want details of this.

[broken arrow]

Thanks Rhia

[Rhia]

Broken Arrow, what I neglected to remember is that an appeal can only be done on the same evidence - I don't think you can introduce anything new so, for instance, if illegibility wasn't an issue in the original case you can't raise it now.

[leedsangel]

Re: HFO and possible tax 'evasion', I've contacted the Tax Evasion Hotline!!

[broken arrow]

Hi Rhia

 

Most of the appeal is based on the following:

HFO stated a default notice had been issued, I never received one.

Notice of assignment had been given before, starting proceedings, NOA they used in court post dates this.

That I had been given an enforcable CCA, which I dispute as I do not think it is enforcable.

 

 

Broken Arrow, what I neglected to remember is that an appeal can only be done on the same evidence - I don't think you can introduce anything new so, for instance, if illegibility wasn't an issue in the original case you can't raise it now.

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I have had a reply back from companies house, who are investigating their use of using other companies headed paper for NOA,s.They will inform me of this investigation when complete.

 

Re: HFO and possible tax 'evasion', I've contacted the Tax Evasion Hotline!!

[broken arrow]

Appeal update,the appeal has been referred to the designated civil judge at a different court for directions.

[broken arrow]

X20 any idea what will happen next?

 

Appeal update,the appeal has been referred to the designated civil judge at a different court for directions.

[broken arrow]

Appeal update,have today received an order to lodge a copy of the pleadings and a transcript of the judgement.EX107 filled in and posted.

 

I also have to send in a witness statement to explain my delay in applying for an extension of time, anyone with any good arguements for this would be appreciated, all this has to be lodged within 14 days.

[tiokim]

subscribing

[broken arrow]

bump for stebiz

[Rhia]

Broken Arrow - only just caught up with your case. I take it you have lodged the appeal. What is the next action you are waiting on?

[broken arrow]

Broken Arrow - only just caught up with your case. I take it you have lodged the appeal. What is the next action you are waiting on?

 

The judge who is considering the appeal has requested a transcript of the original hearing, I have sent off the ex107 to request this.

 

I also have to send him a witness statement explaining my late application.I have paid extra for a late application.

[Rhia]

So it's all in action and we just wait and see what happens next. The transcript is essential as it will show everything that happened. The service is very good but if it gets delayed give whichever transcription co you have opted for a call to see how long it will take. Ma the force be with you and you have my admiration for pushing this through to appeal.

Are you aware BTW that if it gets through to higher courts there is lots of help for the litigant in person they have a duty barrister system to allocate a lawyer to you. I am sure it is all the higher courts that do this. They should do this with lower courts too it would surely sort many of these claims out without wasting court time.

[broken arrow]

So it's all in action and we just wait and see what happens next. The transcript is essential as it will show everything that happened. The service is very good but if it gets delayed give whichever transcription co you have opted for a call to see how long it will take. Ma the force be with you and you have my admiration for pushing this through to appeal.

Are you aware BTW that if it gets through to higher courts there is lots of help for the litigant in person they have a duty barrister system to allocate a lawyer to you. I am sure it is all the higher courts that do this. They should do this with lower courts too it would surely sort many of these claims out without wasting court time.

 

The transcript will take longer than expected and have gone past the original deadline, phoned the appeal court and they have kindly extended the time.

 

One annoying point, because their was a judgement , the original judge has to approve the draft, what is he worried about and it is me who is paying £150 for the trancript.

[UK26]

Nick, what reasons did you use to bring an appeal?

[broken arrow]

Dave, if you go back further in my thread there are some posts by x20,he advised me to appeal to set aside on case management,I also appealed that judgement was passed with unenforcable CCA, I had never received a default notice and their witness statement was incorrect, they made a number off statements and said they were statements of thruth, I can prove they were not.

 

My appeal was late due lateness in receiving copy of judgement,obtaining info needed to make an appeal and I also sent notice to wrong court, delaying it further.

 

I have made an extra payment for a late appeal so hopefully it will be heard.Just waiting for trancript from the original hearing.

 

All the best keep fighting, even though you have a lot on your hands, i personally will not give in.

 

Brokenarrow AKA Nick

[UK26]

I wont give in, i will chase this up.

 

Just filed a notice to the court to act in person again and remove my old solicitor from the case.

[DonkeyB]

BA, any update on this?

[I've got no money]

The transcript will take longer than expected and have gone past the original deadline, phoned the appeal court and they have kindly extended the time.

 

One annoying point, because their was a judgement , the original judge has to approve the draft, what is he worried about and it is me who is paying £150 for the trancript.

 

I'm really sorry to hear that you lost mate.

 

Is your appeal to the Court of Appeal - if it is there used to be a CAB at the Royal Courts of Justice who were really good at helping LIP's.

 

The transcript is always late - what I used to do was write to a letter to the appeals office every two weeks telling them that I was still waiting for the transcript and asking for another two weeks extension of the time for filing it.

 

The other thing that I used to do was lodge the appellants bundle as soon as the appellants notice was done - and just keep applying for extensions of time on the stuff that I hadn't got.

 

When you get the transcript can you post it so that we can have a read - as you may need to amend your appellants notice

[broken arrow]

BA, any update on this?

 

I have a hearing on Friday!