Help with court case agaisnt me re credit card ***case discontinued ***

[gaz2006]

Hi all

Advice please

Solicitors had card claim stayed in 2008 as they couldnt produce copy agreement and default notice etc now they have issued application asking for stay to be removed and summary judgment on grounds " have no prospect of defending "

They admit they dont have original agreement no default notice copy of demand etc but say due to Cary case not needed and regurgitated copy is suitable for judgment against me and they have computer print showing letters went out etc . They also list 3 account numbers saying account changed due to loss of cards etc ( i have no recollection of this )

Whilst I know certified copies of original are okay for s78 requests I didnt think this was okay for proof etc otherwise anyone can make things up ie how do I know t & c were correct interest rate etc ?

 

Advice help etc welcome regards Gaz

[volvo]

I believe it suffices for s78 requests etc but you can still demand production for court hearing

 

VOLVO

[gaz2006]

but how do i demand it do they have to obey or judge take note of my request etc ?

[PriorityOne]

CPR 31.14 needs to go off a.s.a.p by rec. delivery..... and their interpretation of the Carey case is cack. Carey was the claimant for starters and you are not....

 

[rebel11]

Also have a read of the summary at the very bottom, point 4, Carey v HSBC (2009)

No 6 in my signature. If the agreement has been 'Varied' then they have to provide a copy of the original agreement, by 'Varied' i.e. increase in interest rates.

[Andyorch]

2 Threads running same case. :-Advice re credit card hearing soon

 

Regards

 

Andy

[Andyorch]

Too small gaz upload them to photbucket and then paste the lnk here

[gaz2006]

andy can you delete them then ill try upload photobucket

[Andyorch]

I cant delete them you have to click edit post.Gaz I have to go off the forum now so upload them ready and wait until you see me on line.Then you can give me the links.

 

Regards

 

Andy

[gaz2006]

cant seem to delete attachments when i get to edit thats only script how do i delete ?

[Andyorch]

There too small to read anyway Gaz you can ask the Site Team if you still want to delete.

[gaz2006]

site team can you delete my attachments i dont knowhow to above ?

[rebel11]

Done.

 

site team can you delete my attachments i dont knowhow to above ?

[gaz2006]

Img deleted at OPs request

 

Andy take a look and let me know what u think regards gaz

Edited August 15, 2011 by cerberusalert

[Andyorch]

Ok Gaz got them.Leave it with me.

 

Andy

[gaz2006]

site team can you delete my photobucket entry please thanks Gaz

[cerberusalert]

site team can you delete my photobucket entry please thanks Gaz

 

Done.

[gaz2006]

[Andyorch]

Hi Gaz

 

Ok i have had a look at the WS what date have you got for their SJ hearing?

 

Regards

 

Andy

[gaz2006]

sent you pm Andy

[Andyorch]

Ok thanks for that.

 

As you state you need to prepare a WS in objection to said SJ and submit not less than 7 working days prior to the hearing.

Rather than that be the main concentration in the WS you need to attack also on the reconstituted element.Reconstituted is for providing information in request a section 77/78 request not to be used as enforcement

 

Andy

[gaz2006]

Yes Andy need I think someone eloquent to put it right format and get all points over that i need in there I tend to waffle a lot

[Andyorch]

Ok give me a prod nearer the time and we will get something suitable drafted.

 

Andy

[gaz2006]

Dear Andy isnt a lot of time left if you give me some bullet points I can add meat ?

[Andyorch]

2 weeks yet Gaz as you can see I'm inundated at the moment with more urgent claims that need action now.Lets have a look at it next week.

 

Andy