lloyds claimform - old tsb debt - Lost Case - agreed variation order - but DCa's keep still chasing to up agreed payments

[Dorabell]

Hi andy its SJ on tues i am away from tomorow till sunday:) belated surprise hols, is there anthing i should be doing befor i go away:) thanks

[AndyOrch]

Good afternoon Dora

 

No you have disclosed and submitted your WS in opposition so you are all geared up.

 

Have a nice break and return to comence fight.

 

PS dont forget my postcard;)

 

 

Regards

 

Andy

[Dorabell]

Ok Andy thank you will do:)

[AndyOrch]

What we can do on Monday Dora is just run through your bulet points and argument so you are fresh for Tuesday.

 

Andy

[Dorabell]

ok thanks i will need to:roll:

[debtsurvivor]

Hi Dorabell

 

Just looking in to see how you are doing good luck with everything.

 

Best wishes

 

DS

[shirei12]

Hi Dorabell,

Just popping in to wish you good luck on Tuesday.

 

Regards

Shirei

[cymruambyth]

Good luck Dora

[Desperate Daniella]

Good luck for tomorrow, Dorabell.

 

I'll be thinking of you.

 

DDxx

[Dorabell]

Hi Andy i am back

[AndyOrch]

With you shortly Dora, I trust you have had a nice break.

 

 

Andy

[Dorabell]

Not really Andy :(been poorly so excuse me if i keep logging out

[AndyOrch]

Sorry to hear that Dora I trust it was not related to the situation tomorrow? Not worth making yourself ill over i assure you.

Ok I will shortly spin through your thread to refresh myself and we will then narrow the issues which need attention to with view to tomorrows hearing for SJ..

 

back shortly

 

Regards

 

Andy

[Dorabell]

thanks Andy

No i have had a stomach bug still dont feel right:cry:

[AndyOrch]

Hi Dora

 

I hope you are felling a tad better.Now for tomorrow you will need to arm yourself with your original Defence/Claimants response/ Your Witness Statement x2 one for the DJ/Claimants WS 1&2

Acopy of the agreement (original and reconstructed)The DN (arrears £10.00 and statements showing £00.00.

Copy of the CCA 1974 (in partic sections on illegible agreements)

 

Bullet points:-

The Agreement is illegible

The T&Cs refered to in the WS are not contained within the signiture sheet

The Claimants 2nd WS reference to not having to produce the original Agreemnet

The wrong dates refered to in the WS re DN (4 days difference)

The Claimants reference to not haveing possession of the origanal Agreement N265.

 

The only section of the CCA 1974 you need to have to hand are sections on Illegible Agreements and the need to have a acurate valid DN with the perscribed dates.ie breach rectification

 

Above all relax and remain calm refer to the DJ as sir/madam and at any stage they try to baffle you, stop the proceedings and ask for verification.Take notes if needs be and at any point you feel its not going your way request an adjournment.

 

This is only an hearing for Summary Judgement but you need to prepare for all as if trial because if the Claimant is successful tomoroow it will be an uphill struggle,get it right and you will win at round 2.

 

Lastly, get a good nights sleep and make sure you are well for tomorrow

 

Im sure you will be fine

 

Regards

 

Andy

[Dorabell]

Thanks Andy i am having a good read

[Tonka99]

Hi Dora

 

Hope your feeling a bit better , Andy has given you very

good advice , I as you know have been to court twice now

and would just like to add , be there in plenty of time , dont

enter into to much conversation with the other sides Barrister.

Stay calm and dont be fobbed off ,I know your going to do your

very best , you will be a bit shakey but its not that bad when

you get in and sit down , ask if you dont understand the DJ will

be ok as you are a LIP .

 

Lots & lots of Luck will be thinking of you

 

 

Tonks:)

[Dorabell]

Thanks Tonks i now its so daunting when you have never done anything like this before:| all i can do is do my best

[Dorabell]

Hi all any one have a copy of the consumer credit act 1974 i did have a copy i have mislaid it thanks:)

[Dorabell]

Hi Andy and all

just to let you now i lost the case:

just want to thank you Andy for all your support and advice i wish i could thank you in person

and every one that has been giving me moral support

with out you all i would have given in ages ago,

it was a experience

not a bad one thou

i am glad i went in the end

i did argue the case but what chance do we have if they dont follow the rules

this consumer credit act is a shambles

every one keeps fighting their corner and one day they just might follow the consumer credit act properly

thank you once again:

[AndyOrch]

Sorry to hear that Dora,however you now have Court expierience under you belt for other cases.When you have composed yourself if you could give me details of what happened and we will see if this is worth fighting further.

 

Chin up Dora

 

 

Regards

 

Andy

[Dorabell]

Thanks Andy

i just want to put it behind me if i can

i dont think i have the energy to fight again

although i did argue my case the best i could

[AndyOrch]

I appreciate how you must be feeling but just a short synopsis would be beneficial to the forum on were your Defence failed, maybe?

 

 

Andy

[empowered]

Oh Dorabell - I'm so sorry about the result:eek: Have been following with interest as we had a run in with Lloyds and they discontinued at the last fence. Do please tell us what happened - Andy may be able to turn this round for you - he's not going to let this drop easily:) On what basis did the judge decide? love Debs x

[Dorabell]

Judge accepted the DF notice was in order

and the second copy of the cca they produced in their 2nd SW statement

i did think the judge was going in my favour at first

but he took there argument instead