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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

69Eyes

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Everything posted by 69Eyes

  1. 69Eyes
    Thanks Andy! I was worried it was a pile, I'll have much happier holidays now one of you guys checked it over.
  2. 69Eyes
    Bumping
  3. 69Eyes
    Tonight I can wait til whenever, tomorrow I have til about 11am... 1. I can't walk very easily, so I have to depend on others and 2. We're meant to be going away for a few days, so I got the help in early that day. TL;DR Seriously bad timing on my part. I'll keep checking in til then, with my fingers crossed. Otherwise I'll just have to bite the bullet and send it as is. If it wasn't for you folks it would be 100 x worse.
  4. 69Eyes
    I don't know if a DN was required. I don't have one in my files. But I've only been keeping files since about 2011, so I can't say for sure that I never received one. I did receive a notice of assignment. If you have any, it would be good to hear any thoughts as to how I could improve the statement. I need to post it tomorrow morning. (I know I'm an idiot for leaving it last minute. I WAY underestimated the time it would take me to do it. Thought I would do it in an evening, but it took me almost a week.)
  5. 69Eyes
    When I first received notification of the hearing I submitted the defence as in post #1. Their particulars on the claim form are: The claimant claims the sum of xxxx for debt + interest. On xx/xx/xxxx the defendant entered into an agreement with Lloyds Bank plc for a credit card under reference xxxxxxxxxxxx. On xx/xx/xxxx defendant defaulted on the agreement with outstanding balance of xxx. On xx/xx/xx the debt of xxx was assigned to 1st Credit (Finance) Ltd. Notice of Assignment was sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS 1. The sum of xxxx 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of xx% per annum from xx/xx/xx to xx/xx/xx 91.40 and thereafter at a daily rate of 0.68 until judgment or sooner payment.
  6. 69Eyes
    Is this relevant seeing as I haven't requested a CPR (only a CCA)? Is this good to put in, or is the less said the better?
  7. 69Eyes
    Hi all, Would anybody be willing to look over my witness statement and provide feedback? I have taken inspiration from a lot of CAG posts, but I feel well out of my depth, and in my ignorance, I've tried to keep it short, simple and stick to verifyable facts. Witness Statement I Xxx Xxx am the defendant in this action and make the following statement as to my defence to the claim made by 1st Credit Ltd. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. It is admitted that I have in the past held an account with Lloyds Bank PLC in 2001. I question the assertion that I entered into a legally binding agreement with regard to the issued card and do not remember signing any such agreement. I do not have in my possession any such agreement. I have requested copies of the agreement on multiple occasions and have never been provided with a copy of said agreement. I sent all requests by recorded delivery and include documents confirming receipt (printed from the Royal Mail website) along with my defence. Additionally, when first requesting a copy of the agreement in 2013, Lloyds Bank PLC responded by noting that the account number (as referred to by 1st Credit) was invalid. Documentary evidence of this is also included. Therefore, the Claimant is put to strict proof that: Such an agreement existed, and That it was properly executed and has been enforceable at all times since its’ inception, and That the terms of the alleged agreement are enforceable within the terms of the act Given that the Claimant issued a claim based on said agreement, one would assume that they would be more than happy to comply in order to prove that the claim is valid, eradicating any need to defend or proceed to trial. If, which is not admitted, such an agreement exists, it would be a regulated agreement within the terms of the Consumer Credit Act 1974. My understanding is that under the CCA 1974 it is a legal requirement to provide a copy of the agreement, upon request, within 12 working days. It is in my opinion that the claimants claim is fanciful contains no proof, and uncorroborated. Totally unaware of the details of debt they have purchased and expecting judgment/relief be granted, relying on the court to base its decision on assumption and basis of probabilities. It is therefore submitted that the claimants be ordered by the court to quantify, verify, substantiate and disclose all evidence relied upon and, failing this, that the claim be struck out or otherwise dismissed as having no basis. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. I believe that the facts stated in this Witness Statement are true. Signed.... Dated.......
  8. 69Eyes
    Perfect - thank you.
  9. 69Eyes
    Nice one, ta. So the date is set for the 15th, so I file mine on the 1st March. I should send by recorded delivery on the 29th Feb? Can my witness statement just be that I've requested a CCA. Or do I have to go into all the gory details?
  10. 69Eyes
    Phew, found the document. It doesn't really say much except for: 1. The time and date to appear. 2. Recommending mediation (which has been deemed inappropriate, as previously mentioned). 3. Instructions that copies of all documents must sent to all parties 14 days before the hearing. And that all original doucments must be brought to the hearing. So for (3) I am preparing copies of the CCAs I've sent, along with delivery documentation (the 'signed for' signature). The alleged debt / dispute goes back over a decade, so there are quite a few docs (mostly 'annual statements' and letters) that I could bring, but I don't think they're necessary. What I don't understand, is why they ignore the CCA request and continue to bring the case to court. Doesn't that mean the case will get thrown out? Or is that overly optimistic? Ok, I will check out the success section and see what I can find out. I know it would be good to man up and get over the court fears, but I'd still like to avoid it going to court if possible. It's inspiring to see the success section is so big! From a couple of other threads, I am getting the impression that they may not file any documents with the court, and then ditch the case at the last minute. So my plan of action for the time being is to: - Send my document copies to the court and 1st Credit on time. - Then enquire if they have done the same - If they haven't, I will enquire to the court and ask for the case to be dismissed - If they have... see what those documents are, and start worrying about it then If you can suggest improvements to my plan, I'd be grateful to hear them. Otherwise I'll update the thread with developments as they occur. And ta again for all your pointers / help / advice / time.
  11. 69Eyes
    Hi again yes and yes. That would be my ideal outcome, do you have any guidance as to how I could approach this?
  12. 69Eyes
    No, no response at all to the CCA request. I'm just trying to locate the court document atm, to see exactly what it says.
  13. 69Eyes
    Ok, thanks ever so much for your advice, really appreciated!! Can I just ask, do you think I should be doing any preparation for the court date? Or is it enough to turn up and say that I made the CCA request and it was never responded to? I'm wondering if, for example, I will be cross examined and expected to know the dates everything happened, have a coherent argument ready, etc. (I do not acknowledge the debt so I don't want to go down the mediation route.)
  14. 69Eyes
    So do I actually have to appear in court and use that as my defence? I'm probably being naive, but it seems daft that the court action can't be stopped, considering it's unenforcable in the first instance. I thought I would be able to bring this up with the mediation guys, but then they said there was no point in mediation unless I acknowledged the debt.
  15. 69Eyes
    Yes, I did. I got no reply. (I sent by recorded delivery and have printed off the signature of receipt.)
  16. 69Eyes
    I have been sent a court date in mid March - and have still had no response to my CCA request. I spoke to the mediation group and they told me that mediation is not possible. Because I don't acknowledge the debt, there is no opportunity to 'compromise' and therefore no point in mediation. I would like to avoid court if possible (because my gf will worry, I will have to take time off work to prepare and attend, and so on). - Is there anything I can do to avoid court at this stage? - And if I can't avoid court, what should I be doing to prepare? I have no idea what to expect.
  17. 69Eyes
    The last time I made a payment was 2011/2012. (I didn't agree with the debt but I was ignorant, and the "repayments" were so low that I didn't get my act together and challenge it until then). Personally I don't think mediation is applicable, at least not until they prove the alleged debt. But I don't want to seem unreasonable. And to be honest I just want to get it over with ASAP. My current plan is to CCA 1st Credit, and then mention this, and the lack of response previously, in the mediation. I'd welcome any other suggestions if you have any.
  18. 69Eyes
    K, will do. Thanks for all your help Andy, much appreciated.
  19. 69Eyes
    I've CCA'd Lloyds, the original "owners" of the alleged debt. Nothing. But they kept passing it to the various DCAs. Should I be CCAing each of them?
  20. 69Eyes
    Hi Andy, Thanks very much for the advice - now followed. I'm dreading the court / mediation thing (bit of a wimp eh). Realising I will have to go ahead with it has filled me with questions. I'm not sure they even answerable... . but any words of wisdom from yourself or the community would be welcomed. Is it possible to say what outcomes are likely from the mediation? Is there anything I should do to prepare for mediation? Have I done anything stupid so far? For example, ignoring the letters from 1st Credit (as I didn't CCA them directly)?
  21. 69Eyes
    Hi. I'm being taken to court over an alleged debt that I thought was unenforcable. I'm not sure how to respond to the court questionnaire. Brief Background In September 2012 I made a CCA request to Lloyds and their DCA at the time (Robinson Way) over an alleged debt from 2003. My request was ignored. "You owe us money" letters continued to arrive. In November 2012, I re-requested the CCA from them both, adding that I required a "legally enforcable original signed consumer credit agreement" before I would correspond with them any further. I heard nothing for 18 months more or less. Then, in 2014 I began to receive letters from First Credit. I ignored these, and binned them without reading. Current Situtation In August 2015 I received a Claim Form from the County Court Business Centre (the claimant was First Credit). It required me to admit the debt or file a defence. I realised it would be foolish to ignore this. I gave the non-response to the CCA request as my defence (exact wording below). A few days ago I received a Notice of Proposed Allocation to the Small Claims Track, accompanied by a Directions Questionnaire. It asks about dates / locations for a court hearing, and also if I agree to the case being referred the Small Claims Mediation Service. How should I respond? Should I bother with the mediation? I don't want to come across as unreasonable, but in this case I don't see what help the mediators could provide. I would like to avoid court if at all possible, and I don't see how they can actually take it to court without having provided me with the requested CCA.

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