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eoghan last won the day on April 16 2019

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  1. I've got a deadline approaching so would be helpful if there's anything I need to change on the WS above. Thanks.
  2. In their witness statement: DCA Placement History Debt Collection Agency Name Balance Sent to DCA Placement Start Date Placement End Date ARVATO FINANCIAL SOLUTIONS- PLACED 09/10/2017 25/04/2018 ALLIED INT. CREDIT (UK) LTD - PLACED 30/04/2018 10/10/2018 WESCOT CREDIT SERVICES- PLACED 15/10/2018 31/03/2019 They really do try to make things difficult for people.
  3. Thoughts? Claim No. xxxx BETWEEN: xxxx AND Defendant xxxx WITNESS STATEMENT OF xxxx I xxxxx, being the Defendant in this case will state as follows; 1. I make this Witness Statement to oppose the claimant application dated 2 DECEMBER 2020. Whereby it has been stayed due to insufficient or lack of paperwork on behalf of the Claimant. And whereby the Claimant has failed to attend mediation due to being unable to service me with enough evidence to support their claim. 2. Subsequently at a Directions Hearing the Court has asked the Claimant to resubmit their claim pack to me and acknowledged it dd not have the details of my response to the Particulars of Claim. 3. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2 (1) (B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimants witness statement. 4. 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 that does not equal any material loss. 5. Furthermore, in the Particulars of Claim, the Claimant has failed to disclose that this alleged debt was not an original debt purchased from Barclaycard but was actually purchased from Robinson Way (RW), who first purchased the debt in July 2020 thus misleading the Defendant and the Court. a. The first assignee was Arvato Financial Solutions on 09 JULY 2018 b. The second assignee was Allied International Credit on 30 APRIL 2018 c. The third assignee was Wescott Credit Services on 15 OCTOBER 2018 6. I know this because RW had also started a Claim against me for this alleged debt but were unable to furnish me with copies of the CCA and all relevant documentation relevant to their claim as were the other Debt Collection Agencies. Background 1. This alleged claim is for a credit card agreement regulated by the Consumer Credit Act 1974 between myself and Barclaycard. 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 was unaware of any notice of assignment, nor had I been issued with a default notice, pursuant to section 87 (1) CCA 1974. 2. I made a CPR 31.14 formal written request to the claimant and the claimant’s solicitor. The claimant failed to respond at that time. 3. I subsequently filed my initial defence defence on MCOL in response to their claim. It was only after this that the Claimant materialised the documents requested albeit ‘reconstituted’. (1) I also bring to the Court’s attention: a. A Reconstituted agreement must have the following items to comply with a sect. 77/78/79 Request under CCA 1974. 1. Your name and address as it was at the time the account was opened. 2. As above for the creditor. 3. The terms and conditions relevant when the account was opened. 4. Those T's and C's relevant when the account was closed. 5. Any other documents mentioned in those T's & C's e.g. most credit card providers enclose a booklet containing the full T's & C's when a card is issue. 4. The claimant makes various references to the lack of tangible evidence in my defence, that it raises no triable issues and states that the lack of substance and supporting evidence in my defence limits the Claimant’s response. My defence was submitted according to the conditions for filing a defence on MCOL and in the lack of any tangible supporting documentation from the Claimant, especially including, but not limited to, the ongoing lack of the production of and disclosure of a true copy of the CCA Credit Agreement or any default notice. I have followed the dates and timelines set out by the court, completing an Acknowledgement of service and Defence in the correct time windows. The Claimant has not done this. Failure to adhere to these timeframes by the Claimant has prevented this case going to mediation, with due respect, this is an unfair circumstance and has not provided opportunity to reach a settlement agreement. Defendants Response to claimants claim/ Application 5. With reference to the Claimant’s Witness Statement they have claimed true copies of Documents’ have been included. I again refer you to Point 3 above. 6. With reference to the Claimant’s Witness Statement, the claimant’s solicitor has produced an application form which seems to be a reconstructed document in which my details have simply been typed in the exact same font, this could have been made up anytime at any point by anyone to imitate what a Barclaycard agreement may look like and is NOT a true copy from Barclaycard which the Claimant’s solicitor claim they have waited for. 7. The Claimant has produced a Reconstituted Application Form and does not contain all the terms and conditions, indeed from what I can see it does not contain any Terms & Conditions, nor any of the subsequent documents or conditions that a Terms & Conditions document would refer to. 8. On the signature page, it states “To sign this application, please tick the box below. By ticking the box you consent to credit identity, fraud and other credit checks being carried out”, it is my belief that none of these checks were done adequately enough, if they were, the lender would have seen that the defendant was already financially overexposed and would have had no doubt defaulted on any loan offer made therefore making the original lender complicit in Irresponsible lending, under which the Financial Ombudsman are now investigating. 9. In addition the online application form there is no record of an IP address of the computer on which this application was alleged to have been made. Section 61 Signing of agreement (1) A regulated agreement is not properly executed unless – a. A document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner by both the debtor or hirer and by or on behalf of the creditor or owner, and b. The document embodies all the terms of the agreement, other than implied terms and c. The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible Section 65 Consequences of improper execution. (1) An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only. And therefore pursuant to sec 127 (3) The court shall not make an enforcement order under section 65 (1) if section 61 (1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60 (1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). 10. With reference to the Claimant’s Witness Statement, I received no correspondence from the Claimant or the claimant’s solicitor with regard to offering settlement negotiations in order to cease court action. 11. With reference the Claimant’s Witness Statement, the claimant’s solicitor has not supplied a copy of the original Default Notice nor have they issued the defendant with any properly executed Default Notice’s as per the responsibilities as the new holder of the alleged debt. 12. The claimant’s solicitor has supplied a “screen shot” of a database system which they claim shows a Default Notice. There is no tangible positive evidence from any witness from Barclaycard this is a Default Notice. 13. It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87 (1). Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Sec 87 Need of default notice (1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement: a. To terminate the agreement, or b. To demand earlier payment of any sum, or c. To recover possession of any goods or land or d. To treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred or e. To enforce any security Sec 88 Contents and effect of default notice (1) The default notice must be in the prescribed form and specify a. The nature of the alleged breach b. If the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken c. If the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid 14. With reference the Claimant’s Witness Statement, At no point between the claimant submitting their court claim and to date has the claimant or the claimant’s solicitors attempted to enter into settlement negotiations. (1) I and the person helping me at this time have emailed the Solicitor on numerous occasions to consider this case and ask their client to reconsider based on the following a. The defendant’s mental health has deteriorated to the extent that he is medicating and is suicidal b. The defendant has multiple debts totalling over fifteen thousand pounds of which this alleged debt is one c. Affordability – the defendant has no obvious source of income and is currently living on handouts from friends and family – thus rendering the likelihood of any repayment impossible d. The FOS are currently investigating an Irresponsible Lending Complaint with Barclaycard, the original creditor. The FOS have already investigated another loan taken out by the defendant at the same time and found in favour of the defendant (2) Despite these requests being made to the solicitor’s, no evidence from them would suggest that they have asked their client to take a view on their position and the defendant respectfully asks the Court to require evidence from the Claimant that these questions have indeed been put to their client and their client’s response to those requests. (3) And further asks once again to consider this claim considering the above Conclusion In view of the information set out above I respectfully submit to the court that the claimant’s application be denied and strike out the claimant claim and dismiss the claim in its entirety. Statement of truth I, XXXXXXX defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed: ...................................................
  4. Just had the Directions Heating. I've been asked to resubmit my defence as the court claiming they can't see it in the pack. I've logged into Moneyclaim to see and the case number is missing from my online portal. So how do I now file my defence again? I'm defending on: 1. Lack of Capacity due to my mental health - do I need to get a doctors certificate? 2. Affordability - I am out of work and have no money to pay it back even if they do find in the Claimants 3. I have multiple debts of which this alleged debt is just one totalling 15k 4. The claimant on the Particulars of Claim have neglected to state that they purchased the debt from AIC, this debt was originally with Barclaycard, was then sold to Robinson Way who couldn't furnish me with the CCA, they sold it to AIC who also couldn't furnish me with the CCA who then sold it to Howard Cohen who have appointed Hoist to collect 4.1 I am doubtful that the reconstituted CCA is enforceable as no way to be certain it is an exact copy of all the relevant documents the time the loan was alleged to have been taken out. 5. Still awaiting a decision from the FOS regarding my Irresponsible Lending Complaint - which if finds in my favour could make the alleged debt null and void anyway and therefore no hearing should go ahead until the FOS have made their final decision 6. If court finds in favour of the Claimant - Return of the original CCA upon service of the debt Also found this: For Clarification A Reconstituted agreement must have the following items to comply with a sect. 77/78/79 Request under CCA 1974. 1. Your name and address as it was at the time the account was opened. 2. As above for the creditor. 3. The terms and conditions relevant when the account was opened. 4. Those T's and C's relevant when the account was closed. 5. Any other documents mentioned in those T's & C's e.g. most credit card providers enclose a booklet containing the full T's & C's when a card is issue.
  5. I don't want to - but not sure where I am at so feeling a little lost No I don't think so - only the copies as listed in previous posts on this thread 12th April It says: General Form of Judgement or Order Before District Judge etc etc. 1. The matter be relisted on the 12th April at 15:30PM with a time estimate of 30 minutes 2. The hearing will be conducted by way of BTMEETME telephone hearing
  6. Hi All, Finally have an update from Claimant. 1. I had asked for them to consider dropping the case as I have no means to pay, I am unemployed and have no current source of income 2. They have ignored that request by not responding to it in any way shape or form 3. They made a request to the court as we were unable to agree directions by the 28th Feb and the court has now issued a hearing date for the 12th Feb via telephone 4. My complaint to the FOS is still ongoing and I have chased them for a response but they are dragging their heels as I am unable to get Barclays to send me a copy of their final response letter Any thoughts on how I should proceed? Is it too soon to ask them to consider going for a tacit agreement of like a £1 a month until my financial situation changes? Thanks.
  7. Hi All, There's been an update to this case. FOS filed on my behalf and instructed 118118 that they did miss sell and that I needed to be brought back to where I was at the time I took out the loan. Today I have received a letter from Lowell: Your account balance has been reduced. 118 118 Money have contacted us and informed us that the balance on your account should be reduced. 118 118 Money have made us a ware that you raised a complaint with them directly and they have requested that we adjust the balance to £1140.91. Based on the information provided, we are reducing your balance by £1728.88 to £1140.91. Next steps. I've placed your account on hold for 30 days. This is to allow you time to review the information. If you have any questions etc etc. If they dropped the court case as per the above, how likely are they going to now try again and chase this? And what to do if they do?
  8. No the letter just says: Our client has instructed us to discontinue this claim and therefore we enclose a copy of the Notice of Discontinuance by way of service upon you. We have filed the same at Court and requested that any hearing that may have been listed as vacated. We confirm this brings the legal proceedings to an end. The balance on the side of the letter reads as £0.00 No mention on the N279.
  9. How do long do I need to give them before chasing they update my credit file and remove the entry?
  10. Um, so i wrote to Overdales explaining my situation regarding being out of work and my mental health and very little prospect of being able to pay back the loan and I guess combined with the FOS complaint they have discontinued the claim. Letter received with a Notice of Discontinuance. That I guess is what you call a win. Thanks again for all your hep and assistance. I'm learning albeit slowly.
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