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dave466

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dave466 last won the day on December 5 2017

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  1. I have today received an email from restons stating about the judgement being £4926.10 and that it is payable at £200 per month as discussed at court. Just a quick question. IF and a big if I could get money together and get this stopped being entered on my credit file I believe I have 1 month to come up with the full amount is the correct? Also would it have to be that exact amount or would restons reduce and settle with a lower amount if they were getting it all in one go? Regards 1016517733.pdf
  2. Well I lost. Basically said that the default notice is not enough to rule against them in this case and entered summary judgement against me for 2500 and also 2000 costs. I argued the case with regards to everything you wrote and I put together but she wasn't having it
  3. Thank you Andy. I've sat this morning and put together relevant bits of info and I understand (well think I do) where I am coming from now and also my arguments against what they are fighting ie the Default Notice. Will update this afternoon. Thanks once again.
  4. Good afternoon all. So I have tried to make sense of the case study they referred to and I'm feeling a bit lost and now also really nervous for tomorrow. Am I still just fighting this on the basis of no default notice? And if so that case they referred to (from what I make out) they sided with the claimant and also the same for the reconstructed cca? Or am I totally missing something in that case reference. Regards
  5. I've tried having a good read through that previous case and feel a bit lost to be honest so will have another read tonight and try and make sense of it. Also today I have just received a further email from restons with regards to further costs. Regards 1016279486.pdf
  6. Today I have receieved this via email. I assume I will be getting one through post too. 1016257784.pdf
  7. Hi everyone just an update. I filed for irresponsible lending against morses and they have agreed they did, gave me some money back and also this claim/account that is with lowells they have said it will also be settled and removed from my report. Regards.
  8. All done and posted. I will keep you posted on any updates. Regards, Dave
  9. That's great Andy thankyou very much for your time and help. I will keep you updated. Regards, Dave
  10. Yeah thats what it states in the letter so id rather be safe than sorry. No problem thankyou Andy I have re adjusted the ws and will await for a response from yourself and then get it sent off. Thankyou very much.
  11. Yeah I understand that but would that now not be superceded by the letter I have got from the court due to me missing/rearranging the meeting. Obviously I would have had 7 days before but I wasn't aware of the court meeting etc and tahts now why it's been rearranged and I have this new letter from the court/judge.
  12. The letter I got from the court with new date etc said Defendant must file and serve any evidence on which I wish to reply no less than 14 days before the next hearing Regards
  13. Claim No. xxxx BETWEEN: xxxx AND Defendant xxxx _________________________________________ WITNESS STATEMENT OF xxxx _________________________________________ I xxxxx, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence dated 26 April 2021 and in response to the claimants claim dated 25 March 2021 which was submitted through county court bulk centre. 1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit. 2. 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. 3.Background Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Jd Williams. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant. I requested:- A copy of the original agreement A copy of the terms and conditions as applicable at the time of the agreement A copy of the Default Notice/ termination notice A copy of the legal deed/notice of assignment showing the claimants legal right to take action 4.Disclosures The claimant has since complied and disclosed various documents however: a) The agreement provided is a please sign and return copy version...it states clearly at the top of the copy ... I applied on line therefore it cannot be an exact copy. The executed signature by the creditor you will note is not dated. They confirm the same at 10 (iii) b) Their statement refers to a default notice issued by the Assignee on 28th Jan 2020 delivered to your current address. If you look at the disclosure marked 69 from the Solicitor they state ..." 3. You failed to maintain the minimum monthly payments as required by the statements of account and accordingly JD William's terminated the agreement " In their witness statement they state at 10.(vi) that a default notice (LD5) was served by the claimant in their own name as assignee owner. Considering JD Williams had already terminated the agreement as confirmed above, then JD WIlliams would have issued an earlier Default Notice hence the agreement was terminated....before the sale to Debt Managers. Therefore you cant issue a default notice on a terminated agreement, the claimant can not disclose the original JD Default Notice so in affect their attempt at serving a Default Notice on 28th Jan 2020 was not valid. Therefore the original default notice has not been provided as requested. c) The Notice of Sums in Arrears is also invalid on a terminated agreement. Statement of Truth I, xxxxx, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: xxxx Dated: 21 February 2022
  14. I've just realised with it being a short month 14 days before would be tomorrow? Would that be correct? Regards
  15. Today's letter from the courts states. By 4pm 13th Feb the claimant shall reserve the application and evidence (They have) Defendant must file and serve any evidence on which I wish to reply no less than 14 days before the next hearing Claimants application is relisted for face to face on 8th March 2pm Costs of today to be reserved
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