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    • Hope there is someone who can have a look at this please? 🤞Have to hand it in in like half an hour... THanks!   INTRODUCTION 1.      As a defendant in this case I make this Witness Statement to oppose the claimant application dated 19.09.23 to lift the stay on proceedings, for the defence to be struck out, for the Summary Judgment on the whole claim and the cost order to be made against me, the defendant in view of my Defence submitted to the County Court Business Centre in Northampton on 22 June 2019. 2.      The Claimant confirms that this claim issued through Northampton County Court Business Centre remained stayed since. 3.      Attached is a witness statement and a bundle of documents marked ‘LON2’. BACKGROUND 4.      The defendant confirms she entered into a contract with the Student Loan Company (SLC) under Loan Number ………….. on 28 November 1996. The original loan amount was £2035.00 with APR rate of 2.7%. 5.      The loan was regulated by SLC and during the time SLC was in charge of the account the defendant successfully deferred every year as she was always under the earning threshold. 6.      The defendant acknowledges receiving a copy of a loan agreement enclosed as pages [1 to 2] of ‘LON1’. NOTICE OF ASSIGNMENT 7.      As per her defence, the claimant acknowledges receiving Notice of Assignment when the loan was moved over from SLC to Claimant on 22.11.2013. 8.      The Student Loan agreement is regulated under the Consumer Credit Act 1974. 9.      As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2014 REMEDIATION 10.  Defendant received a remediation pack from the Claimant on 28th August 2014 named Remedy of Account enclosed on pages [1-34] of ‘LON2’.  The cover letter explained that there was an issue under the Consumer Credit Act 1974 that resulted in Defendant’s balance being higher than it should have been so the reduction of £441.47 was applied to the account. 11.  The enclosed replacement documents in the pack showed correct situation compared to the originals with the erroneous Sums of Arrears. 12.   The defendant found this Remediation pack confusing and worrying that CCA 1974 was breached on Defendant’s account, yet the Claimant brushed it off with vague explanation and an apology. 13.  This issue puts shade on the Claimant’s requirement to prove the allegation that the money is owed as claimed under the Civil Procedure Rule 16.5 (4), as the Defendant does not admit the allegation. DEFERMENTS 14.  The defendant was granted deferrals for all the years they were with the SLC and continued to be granted deferments by the Claimant when they took over the loan as the claimant was under the earning threshold at all pertinent times. 15.  Defendant was sent and completed deferment forms for 20 years, between 1996 – 2016 without fail and no payments were ever due. 16.  Defendant had not received the 2017 deferment forms 8 weeks before the due date or the subsequent reminder that is customarily sent. 17.  Defendant had not been reminded by email about the deferment. 18.  When the Claimant noticed the Defendant’s deferment form was missing and this was unusual considering they have been at the same address for more than a decade and are on the electoral register, the Claimant did not make an attempt to call or email the defendant to communicate with them about the situation. 19.  The Claimant therefore did not treat the Defendant fairly. CCA REMEDIATON 2018 20.  As mentioned in Defendant’s Defence and not responded to in the Claimant’s Witness statement; the next communication from the Claimant that the Defendant received was the Remedy of Account pack on 1st September 2018 containing missing statutory notices that they are required to send within the prescribed timescales containing correct information to inform the client about their account as presented in pages [35-69] of ‘LON2’ 21.  Due to a system error between 2016-2018 the Claimant did not comply with this requirement and the correct statutory notices were not sent. 22.  This system error coincided with the dates the deferment forms were not received by the Defendant. 23.  The pack included annual statements some of which mentioned Sums of Arrears, much like the ones SLC used to send the Defendant in error – which was corrected by Claimant in 2014 as mentioned in points 9-12. The defendant was confused and googled the Remediation issue and found a - nothing to worry about – type of explanation on the Claimant’s website as it seems many accounts were affected. 24.  Claimant’s website stated: “What is remediation? During ongoing quality checks/reviews of our accounts, we identified an issue relating to communications that we are required to send customers as prescribed by the Consumer Credit Act 1974 (as amended) (CCA). Additionally, our review identified issues with the data on some of our customers’ accounts. Having reviewed all accounts for issues, along with rectifying the issues identified above, we are now in a position to resume our normal processes. We have begun writing to our customers who have had arrears on their loan(s) since 9 December 2015 (when Erudio took over the day to day management of the loans from the Capita Group). This is to ensure they have had all the required CCA notifications and their account data is accurate. This will involve sending the corrected documentation to affected customers and corrections to the data on customers’ accounts. If your account has been affected, you will receive this documentation where applicable. Any interest incurred since these issues arose will be deducted from your account balances. What does it mean for me? You don’t need to do anything. If you have been affected by any of these issues, you will receive a letter from us outlining what we have done to fix it. We will provide you with corrected regulatory letters for the period affected by these issues and inform you about any adjustments to your account balance or payment as a result of the removal of interest added to your account during that period.” 25.  The defendant concluded this error must be also why the deferment forms were not sent and trusted that the Claimant would fix the error and send the documents with an apology, after all, if there was a problem, the Claimant would have called or emailed to let the Defendant know. 26.  The Claimant was in breach of the CCA 1974 rules in letting the Defendant know about the arrears on the account, and subsequent actions taken were unenforceable as this was the Claimant’s error. LETTER OF CLAIM AND COURT DEFENCE 27.  However, Defendant was served with a Letter of Claim which was a shock. She had never been to court before and did not think she had a choice but go to court as the other option was to succumb to unreasonable offer by Dryden’s Fairfax lawyers representing the Claimant. 28.  Defendant therefore submitted defence to court. 29.  The Claimant’s witness statement has not addressed the CCA 1974 breach that was stated in point 15 or 16 of the Defendant’s defence. ADMINISTRATIVE STAY OF PROCEEDINGS July 2019 – May 2024 30.  As the Claimant’s Witness Statement reads, during the almost 5 year administrative stay, the Defendant was contacted by Drydens Fairfax layers representing the Claimant with offers to settle the ‘debt’, however the Defendant found the letters had a violent undertone, each one threatening with a CCJ unless the Defendant complied with demands. It was therefore unwise  to enter into any kind of relationship with such bullies who were well aware of the Defendant’s defence and that their client made serious mistakes and a breached CCA 1974 rules. 31.  As a result of these continual threats but the case still on administrative stay the Defendant experienced continual nightmares and stress related gut problems. She has seen the gut specialist who advised her the mind body connection and trauma can be connected with her type of gut issues and the defendant’s GP followed by referring her to trauma psychotherapy. 32.  On 8th of June 2021 the Claimant sent a letter with the statutory documentation they failed to send the Defendant even though her postal address had not changed. Again this was another CCA 1974 breach. 33.  On 16th December 2021 the Claimant sent another letter apologising for and error made in charging the Solicitor’s fees incorrectly, continuing with a series of blunders.    
    • I'm trying to unravel this – but I get the impression that there was no contract between you and EVRi and that you didn't even choose them but instead you decided use some third party parcel broker in the USA which organised the delivery. Is this correct? EVRi came into the picture because they would then eventually selected for part of the journey although you had no knowledge that it might be them and I suppose it didn't really matter as long as the item got to you. Secondly, I really don't understand the journey which this item made. You bought the item from somebody in the USA. They then were meant to dispatch it to you to another address in the USA but for some reason or other it came to the UK and then into the hands of EVRi at which point it was lost or stolen. More confusion here because you now tell us that EVRi marked it as being out for delivery but it was never delivered. This suggests that it was going to be delivered to a UK address but earlier on you said that it was going to be delivered to USA address. I think you need to look at the story. Maybe show it to a friend of yours who is not particularly where the details and ask them if they can make head or tail of it and then come back to us with clarification so that we fully understand. Also, I think we'd like to know what the item is, how was it declared, what was the value which was declared. You said it was a valuable item because it was rare and collectable. I gather from this that it is non-fungible. We need to understand more about this. Was an insurance policy purchased to cover it during the delivery process. I understand that this rare and collectable item be valued at £200. Have evidence this value. This could become very important. Also you have given is no idea when this happened. We need to understand the full timescale. There are a number of possibilities here including the possibility of the contract action against EVRi on the basis of your third party rights or an action for negligence but we need to know far more and we need to get a story that makes sense.   Finally, I understand that you have sent the letter of claim. What did it say? How much time did you give them? What did you expect to happen as a result of the letter of claim? Whatever the answers to those questions might be, clearly you had no idea how to proceed after having sent such a letter. A letter of claim is meant to be a serious threat of some legal action if some condition which you have stipulated is not complied with. You set a deadline for compliance and at the end of that deadline you issue the court action. Clearly you are not in a position to do that so your letter of claim is a bluff and undermines your credibility and it will find its way into the EVRi wastepaper basket – if it's not there already.  
    • Good morning. I just wanted to check something please. The other side have moved slightly and negotiated a full and final offer price to end this matter. I am happy with this. However, I want to make sure this is the end of the matter and am emailing the following over to them prior to payment. Is this enough to ensure they can come back for nothing else? Thanks -------------------------------------------------- Dear Sir.   With regards your last email below.   I am pleased to agree to the full and final settlement figure given below.   Can you confirm this payment will be in full and final payment with no further claim to be brought against me in this matter?   Best regards
    • 100% sure I didn't receive it, that why my first post is with the £100 letter.
    • Engine, the technology business Starling Bank was built on, has been busy launching banks around the world, from Romania to Australia.View the full article
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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hi ! im registered as a self-employed. my question is : how can i change my trading name. i want to trade as name. currently i have another name for my "business" than my own name. thank u !!!

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Hello Dock!

 

If you are Self-Employed, you may as well just keep the one main set of Accounts in whatever name you are now using, and then add a Trading Name to that.

 

But changing Business name to your own name is no problem, just tell your bank and HMRC Tax and HMRC VAT (if Registered), and they'll just change their details. It is as simple as that for the Self-Employed.

 

So, if you are currently Boring Builders, and want to be your own name, let's assume that is Bill Dock, then just change the name and tell the above people.

 

Adding other Trading Names to that is fine, HMRC-Tax and HMRC-VAT don't care, so long as they know about the core Business Name.

 

IOW, you can add Dock Developments if you wanted:

 

Bill Dock T/A Dock Developments

 

You can just as easily add another one if you also sell Rocks, i.e. add it to whatever Trading Name you want to use, i.e.:

 

Bill Dock T/A Dock Rocks

 

Just tell your bank that you may get cheques made out to Dock Developments and Dock Rocks and most will have no problem accepting them.

 

The main issue is to keep track of all activities in your Accounts, and if what you do in one area is substantially different than the other, then just take care as HMRC may want you to run two or more sets of Accounts, even though you are just one person and Self-Employed.

 

What they don't want you to do is have one area that makes no money, supported by another area that makes lots of money. Put together you break even and pay little Tax. To stop you doing that, what they would want is for you to show the Profit & Loss for each side, so they can stiff you for as much Tax as possible.

 

Many rich people used to Buy Farms a while ago just to offet the Farming Losses against their other Income. HMRC called that Hobby Farming, and put a stop to that little game to make sure people could not then evade Tax by running a loss making Farm.

 

But, with a good Accountant and some awareness of the pitfalls, there's no reason why Bill Docks cannot have many Trading Names, if it makes sense for you to do that.

 

For example, if you're a Builder that also wants to start selling frilly knickers, this is not really the same thing as Bricks and Cement (well, last time I checked anyway)! So, whilst there's nothing to stop you from running:

 

Bill Dock T/A Dock Developments

and

Bill Dock T/A Dock Frilly Knickers

 

 

It's likely that HMRC would want you to keep two sets of books, although you would still be Self-Employed (Bill Dock) with one Bank Account (Bill Dock).

 

One way to do both would be if, say, you just ran Web Sites and sold widgets via mail order, in which case you could argue that Cement, Hammers and Frilly Knickers are just stuff you Buy in and Sell. If so, you could indeed keep one set of Self-Employed Accounts and have as many Trading Names as you needed for each Widget Line that you sold, i.e.:

 

Bill Dock T/A Dock Frilly Knickers

Bill Dock T/A Dock Hammers

Bill Dock T/A Dock Cement

 

I hope this helps.

 

Cheers,

BRW

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thanx BRW. the thing is i dont have a bank account on my business name and i cannot be paid on my personal account. so i just want to change my business name. or i can open a bank account on my business name, but i dont want to do that. so i think i should call the hmrc or someone related to it and tell them, but i dont know who to call...anyway..thanx again !!!!

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Hi,

 

Many businesses - including sole traders, partnerships and companies - use trading names that are different from the business' legal name. Some have several different trading names.

If you're a contractor or a subcontractor under the Construction Industry Scheme (CIS), it's important to know which name to use when you operate the scheme. No matter how many trading names you use, HM Revenue & Customs (HMRC) will only register your legal name and one trading name

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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Hello Dock!

 

If you are a Sole Trader, I think the simplest plan is to make sure your primary Business Name is the same as your real name.

 

Your bank should not have a problem changing the Account name from whatever it is, to your own Name, provided you are a Sole Trader.

 

I can't see a problem in any event if you ask people to write Cheques out in your real name, and then just Pay them into your Private Bank Account, provided you keep a record of every such Deposit.

 

To square that in your Books, use a 2nd Cash Account to track the flow of Funds. Call that Virtual Cash, as no actual real money (as in Pounds and Coins) are involved.

 

You can call these Transfers Virtual Cash, and no Tax Inspector or VAT Inspector should have a problem with this, provided it is an accurate logging of how the Payments went.

 

For example, if you raised an Invoice (001) for £100.00 last week (09/10/2008 ), and someone Pays for that Today via Cheque in your name that you then Pay into your Private AC. Then that is effectively Drawings you have taken out of the Business. So, you need to reflect that in your Accounts. I would Track this as follows:

 

Invoice Account:

 

09/10/2008 £100.00 Invoice 001 Raised

 

Virtual Cash Account:

 

16/10/2008 £100.00 Virtual Cash Paid In for Invoice 001 (to match Cheque paid into Private Account)

 

16/10/2008 £100.00 Virtual Cash Drawings taken Out (to match Cheque paid into Private AC).

 

The net effect is therefore Zero and so accurate, as the Business has been Paid £100.00 via Virtual Cash for Invoice 001, and then you have marked that Virtual Cash as Drawings you then took out of the Business.

 

This is Business Money, so the Business just needs to know that it came in and went straight out again, so calling that Virtual Cash is quite acceptable.

 

Drawings/Cash-Injections are something a Sole Trader and a Partnership can use, whereas you can't if a Limited Company. They are a very handy way to track any Funds that go To/From Private Funds.

 

Drawings = Business Money Taken out of the Business that then becomes Private Money.

 

Cash Injection = Private Money Paid into the Business that then becomes Business Money.

 

Money that you take out and inject in, has no effect on your Tax Income or on the Profits of the Business. You are Taxed on what Profit the Business makes, and Drawings/Cash-Injections do not affect that.

 

Take too much Cash out, and all you will do is make it harder for the Business to function and pay Bills. But there is nothing to stop you doing this provided all Transactions are recorded and the Business Accounts show an accurate summary of what it is doing.

 

If you then wanted to use that £100 of what is now Private Cash in the Business, then you just need to enter it into Petty Cash as a Cash Injection from Private Funds. Indeed, if you went to your Private Bank and obtained a £100 Bag of Money, this would then be put into your Cash Box, so you would enter that into the Business via Petty Cash (£100.00 bag of money Paid In from Private Funds, so a Cash Injection into Petty Cash).

 

The key advantage of being Self-Employed is that you are not so tied down by rules as you would be if a Limited Company.

 

Indeed, you do not even need a Business Bank Account, unless you need things like Credit Card Facilities. The banks will say you do, but they cannot force you other than by saying No.

 

My advice is to get everything in your own Name, i.e. Business and Business Bank Account if you have one, and once that is settled, then you can add a Trading Name to that.

 

i.e. Mr X Dock T/A for both Business and Business Bank AC.

 

Then, if people pay you via Cheque in your own name, you can Pay those Cheques anywhere you want, i.e. Business AC or Private AC.

 

Just make sure these Payments are tracked in the Business, and it's then all above board.

 

What the Taxman/VATMan won't accept, is stray Deposits into your Private AC that cannot be explained by matching records in the Business.

 

So, it's wise to keep a Private record of any Payments you get that are non-Business, so these can be explained. Say, you sell your TV and get paid £200, just keep a Record of that, what was Sold, who bought it, and then if the Taxman wants to know, you can say what it relates to.

 

Likewise, going back to Invoice 001 above, if they want to know what that £100 going into your Private AC was all about, you can reconcile that easily by saying it was a Cheque Payment for Invoice 001, that was correctly logged as a Virtual Cash Payment and then matching Drawings to reflect that those funds flowed in/out of the Business as Virtual Cash because they went into your Private AC.

 

All above board, and quite safe.

 

If you can, I would get something like Microsoft Money, and run a Copy of that for your Home Accounts. Apart from anything else, it keeps your Home Cash Flow accurate, and gives you a good record of any funds that went To/From or From/To the Business.

 

When you are Self-Employed, it is wise to run your Home Accounts well, to protect you from any Inland Revenue Tax Investigation.

 

We had a big one a few Years ago, and they were stunned to find that every single penny was accounted for in both Business and Private Accounts. They called off the Investigation! Had we not kept such good records, they would've tied us up for Months and would've guessed at hidden Income if we could not explain all funds that went in/out of Private Accounts. They would've been wrong, but we would've paid for this just by not keeping a tally. We did, so were OK.

 

I hope this helps.

 

Cheers,

BRW

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brw...i just want to know where should i go or who should i call to change my trading name..thats all....u gave me to much information...when i registered as a self-employed under the CIS i didnt leave my own name as my trading name like i should've done. i worked for someone for a couple of weeks and when he wanted to pay me he said he cant write me a cheque on my personal name because its illegal. now i want to trade as name, i want to put my own name and i want to know how should i do that. thank u both !!!

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Hello Dock!

 

i worked for someone for a couple of weeks and when he wanted to pay me he said he cant write me a cheque on my personal name because its illegal.

 

If you are Self-Employed and a Sole Trader, it is not illegal to have a Cheque written out in your own name. I suspect the chap had some other motive for saying that.

 

Best thing to do is contact HM Revenue and Customs, and ask them what name you are currently listed as (it could be your own for all you know), and if it is not your name, then ask them if you can change it to your own name.

 

Then tell your Bank (assuming you have a Business AC), and say you want to change the name and have new Cheque Books/Cards to reflect that. If you are a Sole Trader/Self-Employed, it's just an Admin issue for them, you'll keep the same Account Number and Sort Code.

 

That's about it...if your Turn Over goes over a set figure, I think it's around 60k but don't quote me on that, then you'll need to be VAT Registered.

 

If T/O is below the VAT Threshold, then the above is all you need to do...unless you have Business Premises, in which case you may need to tell the Council.

 

Likewise, tell anyone who you Trade with, that's if you have any Trading Accounts or Customers who Pay you via Cheque in the old Business Name. But even then, you can keep the Old Business Name as a Trading Name of the Business.

 

I hope this helps.

 

Cheers,

BRW

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no i dont have a BA...i could've solve this payment problem very fast. the guy told me he called hmrc and they said im listed with that name, not my own....ok..so i will call hmrc and see if i can change it...thanx a lot !!!

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BRW I can't agree more about keeping full records. I had a client a few years ago who had four or five bank accounts. The Revenue insisted on adding up all the deposits into each account and calling that her income, where the vast majority of them were simply transfers between the various accounts. The man was not the brightest I have met:rolleyes: but it made me realise how important it is to have proof when the time comes!!

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Hello Goldlady!

 

BRW I can't agree more about keeping full records.

 

Absolutely. I think anyone who is Self-Employed must keep their Private Accounts as up to date as their Business Accounts.

 

The powers that be just don't like the Self-Employed, in their ideal world, everyone would be Employed as most of their work would be done for them via the Payroll Data they get from Company Accountants!

 

So, if Self-Employed, it's a sad fact of life that the boundary between Business and Private is just not there...it's one and the same thing.

 

It saved our bacon some time ago, because we kept perfect Home Accounts so there was nothing for HMRC to pick holes in.

 

But it is hard work, and adds yet another layer of bumf to an already busy life.

 

I dream of being Employed sometimes...no I don't, only kidding!

 

Mind you, the bloke I work for is a complete nightmare.

 

:eek:

 

Cheers,

BRW

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