Van Lynn Developments ....... reply to DOA argument Urgently required please .

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can read some but difficult

no. 36 the assignors have told the claimant default notices were served ( exhibited at ? and ? ) please look at these ? what actually are they ?

i wish i had more time to do something with this but i really dont pick out each important statement from their WS and argue your case.

copy their request to strike out the claim using same CPR rules as they do. and state your reasons why.

Thankyou Waylander ,
You have been a huge help ..
I shall get to work ..
Thankyou for your time ,
I have some idea of what to put together now at least ..

The exhibits you mention where just the supposed NOA's nothing more

NO !?

at 36 , it clearly states default notices ? so why would they exhibit N of A as a default notice.

really really really dont want to be a twat about this but this is a huge part of your problem and i understand the stress you are under but i have said this a lot

PLEASE READ WHAT IS WRITTEN 36 says default notices and then exhibits ? and ? very important as they plead no cause of action then try to throw in evidence they have not pleaded !!

a lot of the WS i can read is bullshit and not relevant to the laws of the case, just them trying to plead with the judge that you are a dirty debtor and had the chance to engage and kiss their arse. well F*ck off and evidence your claim.

sorry had a long day and 2 other cases i am actually producing all paperwork for so getting tired.

Right I get it ..
They're filling it with look another scuffer who thinks they can borrow off us higher up on the food chain and get away with it ..
We're with you judge ...
So forget the reality and read what a scatter she is ..
And add a bit on while your at it ..
Betty's aren't cheap these days ...
Okay Waylander kick up the arse accepted with grace ..
Confidence now boosted I'm on it ..

check that number 36 and those exhibits please and let me know

Morning ,
I have asked the solicitors to email a copy of it all as nothing tallys and I can't make sence of it ,
Theres no page numbers to resort it all ,
What is on the back of the " exhibit number " does not ref what the witness statement states ..

then you must put that in your statement to the court as well

under a heading of preliminary matters.

have they provided at all at any time a copy of a default notice ?

Just printing copies off now, I believe so on both accouts

I have full copies now all in correct order , Yes default notice MA3 & MA7

The MA3 does not have a Logo on , I also found this in the transcript if of use I have already put this in my evidence

neverthetheless they did not plead default nor did they plead a default notice was ever served,

that printout shows the claimant did not know if a compliant default notice was served or a default notice served at all. As the Claimant have failed to plead any cause of action in their pleadings then it is beyond a reasonable doubt that upon issuing a claim they had no cause of action upon which to plead.

The Defendant avers that It is quite clear that the Claimant issued a very poorly pleaded particulars of Claim in the hope that they could then find the necessary pieces of the 'jigsaw' to piece together something to evidence any claim. This is an abuse of process as the Claimant failed
i) to identify who the original creditor(s) were
ii) failed to state what any alleged account(s) related to
iii) failed to state the date or even the year upon which any account(s) was entered into by the Defendant
iv) failed to plead any cause of action at all
v)   Pleads termination of the account(s) but does not plead a date of any termination or that a termination notice was served upon the Defendant
vi) pleads assignment but fails to state that any notice was served, how it was served and the date on which it was served.
vii) Fails to plead the date of assignment(s) when if a legal assignment did in fact take place should be available to the Claimant at the time of issuing their claim.
viii) Refusing to evidence that a legal assignment has in fact taken place documentation of which should already be in the Claimants possession.

The pleaded particulars of claim fail in so many ways that it is beyond all reasonable doubt that the claim was issued without the Claimant having any documentation in their possession. The Defendant avers that the pleaded particulars of claim bring a claim before the court which is totally without merit and has no prospect of success and the Defendant would invite the Court to give due consideration to striking out the Claimants Claim as an an abuse of process and totally without merit. ( please quite the same CPR rules as they do i forget off the top of my head )

there you go hope this helps  PLEASE READ IT AND USE IT and understand it it should be of great value if you have to fight your corner in court.

I have the forum open on 2 windows ,
I am just reading your reply ,

okay so I have just noticed that the NOA's from what is trying to be the OC is definitely the claimant ,
Has "new ref number" on " acc type" at top so there is no NOA from the OC themselves for acc 1 , but then I do have the template letter for this also from the SAR , So in my mind NO NOA either ? Just one from the claimant trying to be the OC?

ok so another argument which goes nicely with my 'jigsaw' argument

the claimant in order to satisfy the need for evidence has clearly been unable to provide the evidence required and the Defendant believes ( always believe dont accuse) that documents exhibited at ZXY is in fact etc etc etc

also i believe they have stated that you had ample opportunity to engage with them prior to claim ? well ...... it is quite clear from their particulars that no documentation was in the possession of the Claimant at the time of issuing a claim therefore the defendant was unable to properly engage with the claimant as they either could not or would not provide any satisfactory evidence for an honest and satisfactory outcome for both parties.

Looks like I have a choice of the following,
As seen in Practice Note: Strike out—court’s inherent jurisdiction and discretion, the court may also determine to strike out a statement of case of its own initiative under CPR 3.4(5).

For guidance on the other grounds on which the court may strike out a claim, see Practice Notes:

•
Strike out for abuse of process (civil) (CPR 3.4(2)(b))

•
Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))

I do understand what you have written ,
There is also no costs ( figures ) just states "costs "

I did swat up on what should be included in the particulars of claim this morning at 3am when I couldn't sleep,

Now , I have already entered my defence before the last hearing ,

Can I change it ?
Do I have to apply to the court or just send it in to be added ?

they also 'slag' off your defence as no prospect of success well.... how can anyone defend such a poorly pleaded particulars which fails to particlarize with any clarity ?

you can apply to amend a defence but it will cost you and may be refused

just rebut their WS using what i have suggested submit your own 'skeleton argument' and file it to court and serve it on the solicitors

understand it and argue your points in court, they are introducing things and evidence that they did not plead if the Judge allows it then he/she should allow you the same courtesy to put forward new arguments.

use the same cpr as they have used in asking your defence be struck out dont keep overthinking and researching what is already in front of you ( i did say this by the way ) concentrate on rebutting their crap in an official skeleton argument written as a WS and signed off like you would a defence or WS it becomes then part of your case.

i have got to leave this now

Thankyou for your help Waylander ..
I have drawn up something and firstly emailed it to the Solicitors at 4.58pm ..
I shall send copy via special delivery tommorow.
Well it's either right or it's not ..
Fingers crossed
I will keep you posted ..

have you sent a copy to the court ?

still not 100% sure what it is you have been asked to produce here and by whom ?

I am sending a copy tommorow or will drive there ..

I just have the armoury to fight my corner now wether that's accepted or not ..
I approached it wrong initially I can see that now ..
My o/h also says I overthink everything ..
Thankyou for my bollocking it woke me up and made me focus on the correct things ..
Strangly I've helped freinds in need with knowledge learnt from this site over the years .. and when it came to helping myself I fell at the first hurdle ..
I suppose that's because like yourself you can't not help ..
Thankyou Waylsnder .....

It was supposed to be a letter in reply to their "reply to my defence" remembering they claimed they hadn't received it . . Hence adjourned..
as the judge specifically said " talk" I knew I had to reply with something some counter to their reply
But then I realised what a f@ck up I'd made of my defence as you can tell ..

well thats all in the past now so leave it there for now....

so you need to reply to what they have put which i believe you have now done.

in addition, with the time you have before the hearing read their WS and highlight any areas where they are pleading and trying to evidence what was NOT initially pleaded as they shouldn't be allowed to do this remind the Judge. THEY should have pleaded properly at the beginning

no cause of action is a big thing
no evidence that they actually have the right to bring a claim
redacted agreement ? that is ridiculous. check the date of the agreement to make sure it tallies with the start date as it may be they have found someone elses agreement around that date hence redacting the signature as it isn't yours.
you could say in court that what they have produced is NOTHING like any agreement you have seen before.

they need to do this for BOTH accounts pleaded.

now you MUST prepare yourself for what is to come in that court room they will have a solicitor in there trying to convince the court that you owe the debt and need to repay it.

your job is to state they have not evidenced any debt there may be, or that any agreement was terminated within the law pertaining to it, or that the claimant does have any right to act as lender in this case and they have no cause of action.

Thankyou Waylander .
Sorry I've been catching in up on work today ,
I'll be getting it off to both the Court and solicitors tomorrow ,
I cannot believe ( well yes I can )
They have the brass balls to continue to lie and emailed stating they hadn't refused the copy I requested before I had a pop at them ,
They've actually sent the reply stating that to the court ..
They litrally would lie if they where cought with the judges wallet in their pocket !
A holes !
Anyway just as with the old Geoff site I'm printing any and all useful info off and reading through it when I have a few mins to spare ..
Makes good bed time reading too ..
I'll keep you posted ..

Very quickly ..I know that an agreement can be litrally a tick on a pc and that is supposed to be enough even though there are so many forged but this is supposed to be near 6 years ago ( the agreement ) didn't they still send out a paper copy to sign ? ..