IND Last letter - Now County court claim form

[bigdude007]

Sorry if I'm being a dullard but when the aos turned up the a/c no was there, all correct apart from the last digit. This doesn't matter?

[AndyOrch]

Sorry if I'm being a dullard but when the aos turned up the a/c no was there, all correct apart from the last digit. This doesn't matter?[/QUOT

 

Not really unless you have never had a skycard or any financial dealings with skycard and the debt is not yours.

[bigdude007]

OK, just the pre action protocol and 8% interest charges as the defence.

[AndyOrch]

Only if the 8% has already been included........ at this stage its at the courts discretion

[bigdude007]

"of xx/xx/08

interest under s69 of the county court Act 1984 at the rate

of 8% a year from xx/xx/08 to xx/xx/12 of 700 and also the

interest at the same rate up to the date of judjement or earlier

payment at a daily rate of 0.41 AND costs."

Does this imply inclusion or am I waiting for more cash to be levied on the original debt?

[AndyOrch]

If judgment is passed that figure can be added at the courts discretion.

[bigdude007]

hmmm...bit of a spanner in the works.

Monday night I was rushed into hospital and so far they aren't releasing me until they've given me every possible pill and needle in every part of my body.

I hadn't completed my defence and sent it too SOS and the court and it's meant to be there by 4 tomorrow.

I haven't completed writing it and no printer otherwise it would have been a case of getting the missus to square it away.

Do I ring court and just explain I'm in hospital?

[AndyOrch]

You can try...doubt they will accept though BD

[bigdude007]

That makes this a bit sticky as it will look like I've ignored the courts instructions.

I'll send the defence when I get out, explain and give them reference numbers and anything else the hospital can provide me with to prove I was here.

[Old Cogger]

That makes this a bit sticky as it will look like I've ignored the courts instructions.

I'll send the defence when I get out, explain and give them reference numbers and anything else the hospital can provide me with to prove I was here.

 

 

 

Give the court evidence of your hospital admission etc, if they ignore and do not amend submission times, contact your MP and insist the case is referred to the Justice Minister for action.

[AndyOrch]

No internet access through the hospital ? Could you not get use of a laptop/Ipad?

[bigdude007]

Morning all, got out of hospital last night.

Need to get this witness statement squared away, going to ring the court now as I have until 4pm to get it to them.

It's asking for numbered paragraphs and I can see I aren't going to have many. Will it be pretty much what I put in the other information on the AQ?

[bigdude007]

That's a no to my previous question as I've seen a ws from the forum.

[bigdude007]

I'm basically going to be relying on the noa as a means to stop the interest and hopefully get a plan set up.

basically taking 3 years to tell me which puts me on the back foot immediately as thats 3 years of unknown interest being added on.

Edited February 21, 2013 by bigdude007

[bigdude007]

I'm getting more and more confused. Checked my credit report on noodle to find out more about my defaults and whatnot.

There are 2 entries for 1st credit, both defaulted on the same day, both for the same credit card but different account numbers and different addresses. 1 has the balance of what sos are claiming for, the other has a balance of 0 but the history of the account defaulting up to jan 2013 is the same amount they are claiming for and that one is at the address I took the card out at.

The account number they are claiming for has an extra digit on it 17 numbers rather than 16 numbers.

Which is it 16 or 17 numbers?

How can I default on 2 accounts for exactly the same amount on the same day and only have 1 card?

The statements I have only have the credit card number rather than the account number so I don't know which it refers too.

[bigdude007]

Looking through the pack they sent me by order of the court for the documents they are going to rely on and the notice of assignment is missing. They have already sent me it from my cpr request but not in the pack ordered by the court.

Is this important?

[bigdude007]

Is it only me that has to provide a witness statement?

[bigdude007]

I'm trying to put the witness statement together but I don't know how I'm meant to defend myself as I've never received an AQ from SOS.

So all I'm going to be able to put is:

Case number

xx

vs

xx

Witness Statement

Me

Address

 

1.) I am defending this claim against me as I never received a default notice from the claimant.

2.)Also I only received a notice of assignment after requesting it through CPR procedure.

3.)Once received the notice of assignment explained that the account had been assigned on xx/xx/2008 but was not sent until xx/xx/2011 giving the claimant 3 years of interest to claim while I had no knowledge of the assignment.

4.)The first time I was aware of the claimant trying to recover the monies was a last letter before legal proceedings demanding the full amount.

5.)The last letter before legal proceedings had an account number I did not recognise

I believe the facts in this witness statement are true

[AndyOrch]

" The following directions apply to this claim:

 

6)Each party must deliver to every party and to the court office copies of all documents on which the party intends to rely at the hearing no later than time & date.

7)The original documents must be brought to hearing.

8)The judge may refuse to consider a document or take into account if a copy of it has not been sent to all parties as required by this order.

9)The documents to be sent to the parties and the court must include statements of all witnesses(including the parties themselves)

10)Witness statements must:?

a)Start with the name of the case and the claim number.

b)State the full name and address of the witness

c)Set out the witness's evidence clearly in numbered paragraphs on numbered pages

d)End with this paragraph "I believe that the facts stated in this witness statement are true"(or words to that effect);and

e)be signed by the witness and dated.

 

THE CLAIMANT SHOULD ENSURE THAT A COPY OF THE NOTICE OF ASSIGNMENT, A COPY OF THE ORIGINAL AGREEMENT (IF AVAILABLE)AND A PAYMENT HISTORY SHOWING HOW THIS ACCOUNT HAS BEEN ALLEGEDLY CONDUCTED IS FILED WITH THE COURT AND PROVIDED TO THE DEFENDANT BY NO LATER THAN TIME DATE

THE DEFENDANT MUST ENSURE THAT HE FILES WITH THE COURT AND SEND TO THE CLAIMANT BY TIME DATE

 

11)The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to all parties and the court in accordance with the paragraphs above.

 

Regards

 

Andy

[bigdude007]

Spoken to the court.

SOS haven't filed any documents with the court as of yet....cut off is 4pm today

Apparently I am meant to receive a witness statement from them although it isn't very clear in the hearing documents I received.

[bigdude007]

As time is running out this is my witness statement, it's short and sweet but I don't have anything to work from as SOS haven't complyed with the court order.

IN A COUNTY COURT

CLAIM NUMBER blah blah blah

BETWEEN

SOS

Claimant

And

Bigdude

Defendant

Witness Statement

ME

Address

 

 

 

1.) I am defending this claim against me as I never received a default notice from the claimant.

2.)Also I only received a notice of assignment after requesting it through CPR procedure.

3.)Once received the notice of assignment explained that the account had been assigned on xx/xx/2008 but was not sent until xx/xx/2011 giving the claimant 3 years of interest to claim while I had no knowledge of the assignment.

4.)The first time I was aware of the claimant trying to recover the monies was a last letter before legal proceedings demanding the full amount, which doesn't follow pre action protocol.

5.)The last letter before legal proceedings had an account number I did not recognise.

6.) As the Claimant has not provided to provided a breakdown of the amount claimed, I am unable to assess if there are any default/penalty fees included, or indeed if there have been any other accounting errors.

I believe the facts in this witness statement are true

[bigdude007]

Will I have to send a copy of the notice of assignment as it is mentioned in the statement?

Apologies for all these questions but it's so close now to filing time I'm beyond stressed and want to get it as close to correct as I can manage

[AndyOrch]

Will I have to send a copy of the notice of assignment as it is mentioned in the statement?

Apologies for all these questions but it's so close now to filing time I'm beyond stressed and want to get it as close to correct as I can manage

 

 

You have not been told to send the NoA ..the Claimant has. You just send your WS.

 

Andy

[bigdude007]

cheers Andy, head is a bit puddled at the moment & everything is just getting a little on top.

So anyway it's past the court deadline for handing over statements.

I kept up my side but it seems SOS are above court orders and haven't bothered their a*sea to comply.

Score 1 Bd 0 SOS

[AndyOrch]

Im sure both parties will be allowed a few days leniency BD but if its more than that you need to bring it to the courts attention.

 

Regards

 

Andy