marlin 11 mortimor clark

[Guest]

Re: marlin 11 mortimor clark

Evening nem really i have not a clue what that's about , will pm you tomorrow all the best

[nemesis45]

Re: marlin 11 mortimor clark

Evening nem really i have not a clue what that's about , will pm you tomorrow all the best

OK thanks

nem

[Guest]

Re: marlin 11 mortimor clark

good afternoon,,, just to keep my post in the mix and that others can see I have not faded into the back ground im working on my defence and it will be done soon ,thanks for all your help doggielover

[Amethyst]

Re: marlin 11 mortimor clark

If you pop it up here when you've got a good draft together then peeps here will be able to check it over - it would be useful to see the defence you have already submitted that has warranted the summary judgment application that you are now defending to check what's missing/wrong and that it's covered in your defence to the application. Also a copy of the application made by the other side would be helpful.

[Guest]

Re: marlin 11 mortimor clark

hi and thank you for your reply, up until now I have only defended this claim as I returned the acknowledgment to the bulk centre to say I will defend this claim in full , this was three years ago nearly, and I asked for all the necessary paper work all which is mentioned on this site, they gave me all what I have put on this thread they did not give me the deed of assignment which I asked for and have continually ignored my request for a original DN not a standard or screen shot, everything they have given me is copies from them, all reconstituted by them the notice of assignment every piece of paper bank statements all the best

[Guest]

Re: marlin 11 mortimor clark

Hi so until now I have posted all my information , are there any views on my paper work, they have now been posted since 5 feb , im not intending to place my defence up here yet but I will certainly do this when my case is over if it helps anyone , my agreement does anyone know if its a 2008 copy
many thanks again

[Guest]

Re: marlin 11 mortimor clark

good afternoon its been 45 days since I posted my first thread much more and I will be in court doomed, I have posted my paper work only to be told this is not right , so Mr judge this is not right is not going to help me is it ,Nem has given me some advice , not a golden bullet , so if there is someone on this site who can assist where are they , the people who have come and gone need payment and im not in a position to pay , they are not forth coming with any help , so misleading is this site the evidence is in the replies which I have had no help with what's so ever , my first thread explains my position very clear nothing has been answered , you have extracted all my information finding how much the claim is then run a mile when payment is not forth coming to be honest im no where the better for using this site at the moment , my questions never get replied, I need a few question answered and I will defend myself in court. I don't want to be spoon fed just some help with my defence WS In regards to the agreement T&C DN I posted weeks ago , if there is anyone who don't need paying that can help me I would very much appreciated your help
.
I look forward to any views,,,, feel free to add your views to my thread
doggielover

[Amethyst]

Re: marlin 11 mortimor clark

hi and thank you for your reply, up until now I have only defended this claim as I returned the acknowledgment to the bulk centre to say I will defend this claim in full , this was three years ago nearly, and I asked for all the necessary paper work all which is mentioned on this site, they gave me all what I have put on this thread they did not give me the deed of assignment which I asked for and have continually ignored my request for a original DN not a standard or screen shot, everything they have given me is copies from them, all reconstituted by them the notice of assignment every piece of paper bank statements all the best

To help people need to know what you entered to court as your defence, as that is what the summary judgment application is against, that is what you will need to amend if needed and what you are arguing in court.... Maybe if you used a template/example from somewhere you could tell us that, or the basic arguments you used - did you argue CCA 1974 s.77-79 non compliance for example ?

[Guest]

Re: marlin 11 mortimor clark

marlin 11 mortimor clark

Originally Posted by doggielover
hi and thank you for your reply, up until now I have only defended this claim as I returned the acknowledgment to the bulk centre to say I will defend this claim in full , this was three years ago nearly, and I asked for all the necessary paper work all which is mentioned on this site, they gave me all what I have put on this thread they did not give me the deed of assignment which I asked for and have continually ignored my request for a original DN not a standard or screen shot, everything they have given me is copies from them, all reconstituted by them the notice of assignment every piece of paper bank statements all the best



To help people need to know what you entered to court as your defence, as that is what the summary judgment application is against, that is what you will need to amend if needed and what you are arguing in court.... Maybe if you used a template/example from somewhere you could tell us that, or the basic arguments you used - did you argue CCA 1974 s.77-79 non compliance for example ?

thank you very much for replying , as I stated above I only mentioned in my return of acknowledgement if this goes to court I will defend the claim in full and it was stayed for 3years , now the stay is lifted and they have produced every single paper, DN Assignment TC agreement bank statements .

DN a is Blacked out and wrong dates
assignment has been made by them, you can tell by the paper work which I will point out to the judge if need be
the agreement does not state my name correct, and a lot of it is not eligible, you cannot make out my name and part of my address is missing and miss spelt, terms and conditions are abit double printed on the agreement .
yes I have bank statements from them.
POC states on and around , so no date really ?


im asking for the argument I need to put before the judge DN is not compliant I can see this everybody can , but what is my argument, The assignment they have produced, all the documents are from the solicitor they have knocked up they have not come from the OC even though its on there headed paper work its a copy produced by the Debt collector , you know the strokes they are pulling as most people are saying the same , were do we stand as litigant people to defend this, lets just say by what they have produced which is everything from thin air they are taking me to court they never had the evidence three years ago and they are using the same paperwork to get the stay lifted, it seems since the case law they are using is the one from this site about recons trued copies they have intrepid this to reconstituted every bit of paper work, All I need is a few lines to say why the DN wont stand up, to put them to stricked proof on the assignment regarding the authenticity of the notice, the deed of assignment which I have requested all along which they believe I have no right to see, under the circumstance of their misleading paper work I believe I have the right to see this, this is what im asking for a few pointer s and maybe someone to look at my paper work and say abit more other than that's not correct , My god this is hard work on here , again I don't want to be spoon fed , this thread is getting a lot of attention , if im being unreasonable or talking out of turn then I do apologise this is not my intentions,

many thanks again




/

[Guest]

Re: marlin 11 mortimor clark

marlin 11 mortimor clark

Originally Posted by doggielover
hi and thank you for your reply, up until now I have only defended this claim as I returned the acknowledgment to the bulk centre to say I will defend this claim in full , this was three years ago nearly, and I asked for all the necessary paper work all which is mentioned on this site, they gave me all what I have put on this thread they did not give me the deed of assignment which I asked for and have continually ignored my request for a original DN not a standard or screen shot, everything they have given me is copies from them, all reconstituted by them the notice of assignment every piece of paper bank statements all the best



To help people need to know what you entered to court as your defence, as that is what the summary judgment application is against, that is what you will need to amend if needed and what you are arguing in court.... Maybe if you used a template/example from somewhere you could tell us that, or the basic arguments you used - did you argue CCA 1974 s.77-79 non compliance for example ?

thank you very much for replying , as I stated above I only mentioned in my return of acknowledgement if this goes to court I will defend the claim in full and it was stayed for 3years , now the stay is lifted and they have produced every single paper, DN Assignment TC agreement bank statements .

DN a is Blacked out and wrong dates
assignment has been made by them, you can tell by the paper work which I will point out to the judge if need be
the agreement does not state my name correct, and a lot of it is not eligible, you cannot make out my name and part of my address is missing and miss spelt, terms and conditions are abit double printed on the agreement .
yes I have bank statements from them.
POC states on and around , so no date really ?


im asking for the argument I need to put before the judge DN is not compliant I can see this everybody can , but what is my argument, The assignment they have produced, all the documents are from the solicitor they have knocked up they have not come from the OC even though its on there headed paper work its a copy produced by the Debt collector , you know the strokes they are pulling as most people are saying the same , were do we stand as litigant people to defend this, lets just say by what they have produced which is everything from thin air they are taking me to court they never had the evidence three years ago and they are using the same paperwork to get the stay lifted, it seems since the case law they are using is the one from this site about recons trued copies they have intrepid this to reconstituted every bit of paper work, All I need is a few lines to say why the DN wont stand up, to put them to stricked proof on the assignment regarding the authenticity of the notice, the deed of assignment which I have requested all along which they believe I have no right to see, under the circumstance of their misleading paper work I believe I have the right to see this, this is what im asking for a few pointer s and maybe someone to look at my paper work and say abit more other than that's not correct , My god this is hard work on here , again I don't want to be spoon fed , this thread is getting a lot of attention , if im being unreasonable or talking out of turn then I do apologise this is not my intentions,

many thanks again




/

bump

[nemesis45]

Re: marlin 11 mortimor clark

bump

Good morning doggielover.

You have listed all the faults/defects you and others have found in the documents supplied that is your argument for unenforceability.

nem

[Guest]

Re: marlin 11 mortimor clark

Good morning doggielover.

You have listed all the faults/defects you and others have found in the documents supplied that is your argument for unenforceability.

nem

good morning nem its evening now I might add oh how time fly's when your having fun , yes I have done plenty of that, lots of little or should I say big faults I have found and defaults, its so long winded when your not given much help , lesson learned catch up soon thankyou for replying you always do your best to help nem you little star.

[pt2537]

Re: marlin 11 mortimor clark

One thing that people need to bear in mind, is that while they may well have defective documents, with massive errors in them, the creditors will not roll over and say ok we agree. Just look at Brandon v Amex, Grace v Blackhorse, Kotecha v Phoenix all of which show the lenders will fight to the end.

You also need to bear in mind that when you rock up in Court and argue your default notice does comply with X or Y, there will be a lawyer on the other side with possibly many years of experience, with access to the Whitebook, Lexis nexis, Goode, Lloyd and Guest, Chitty etc, and who will be able to debate the intracies of the CCA , the case law etc, so its not just being able to stand there and say this is defective, but rather being able to argue the relevant case law too.

No one can tell you what they will say until you get to Court!!

I appeared in a small claims matter a while ago, where the advocate tried to argue that the defective Default notice was de minimis, as Manni Investments v Eagle Star showed that bad notices didnt matter (if i recall correctly) it was only because i knew of this case and the fact it was a landlord and tenant case that i was able to argue the contrary on the hoof.

We can tell you whats wrong but we cannot tell you how to argue this in court.

- - - Updated - - -

oh and given as i understand it youre facing a summary judgment application you need to be familiar with CPr 24 and the case law which is relevant there after

[Sparkie1723]

Re: marlin 11 mortimor clark

Hi doggielover
My advice to you for what its worth is......listen/ read what pt is saying very carefully....................find the case law that would assist you, if you have to go to Court without representation.......you can have the best argument there is of your own..........but without case law to back up your argument your chances diminish every minute, trust me I KNOW.

Sparkie

[MIKE770]

Re: marlin 11 mortimor clark

Ahh the dam White Book - makes you wonder if MPs legislation is worth anything?