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About nicole2403

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  1. I got a letter lastweek advising the case had been discontinued from the claimants.
  2. I have been trying to get through to the court for 2 days, no answer when it rings or i get their outomated call back later they are busy. the hearing is dated for next week. Do i just turn up when I am suppose to? what happens if i do not turn up? I highly doubt the claimants have paid the fee as they havent responded to the court deadline and i have received nothing. What shall i do?
  3. Thanks i will call the court tomorrow. I need to book the day off work and i really dont want to have a wasted day.
  4. I have sent everything off to both the court and the claimnant. The deadline was the 7th i have had nothing from the claimant. what does this mean? will the court hearing still go ahead? I havent yet check with the court to see if they have paid the fees.
  5. Please take a look. In the xxxxxxxxx County Court Claim No.xxxxxxxx BETWEEN Hoist Portflio Holding 2 LTD(Claimant) Mrs xxxxxxxxx(Defendant) Ofxxxxxxxxxxxxxxxxxxxxadd ress -------------------------------------------------------- WITNESS STATEMENT OF MRS xxxxxxxxxx(Defendant) --------------------------------------------------------- 1. I make this statement in support of my defence to the claim above and include relevant evidence and exhibits. 2. It is admitted that I have held a credit account with (Original Creditor) Capital One in the past. The account was opened on or before 2007 and used to facilitate purchases 3. It is denied that the sum of £790.66 is still owed on the credit card 4. It is denied that a Default Notice had been served on the Defendant pursuant to the Consumer Credit Act 1974 4. It is denied that the duly excessive and unreasonable interest the Claimant is pursing at a rate of 8% to the sum of £xxxxxxx is owed to the claimant 5. It is also denied that any future interest is owed as the Claimant is attempting to claim this at a daily rate of £.17 6. It is admitted on receipt of the claim form I did request information on the 3rd August 2016 by way of a CCA request pursuant to section 78 from the Claimant and a CPR 31.14 request also on the 3rd August 2016. To date currently, the Claimant has not responded to my request. Namely to show how I entered an agreement. Show how the claimant quantified the amount claimed Show how the claimant quantifies the unreasonable amount of interest claimed at 8% Show how the claimant quantifies future claim for interest daily at £.17 Show and evidence service of Notice served under Sections 76(1) and 98(1) And to show how the claimant has legal right either under statute or equity to issue a claim in their name 7. It is admitted that a letter dated the 6.8.2016 was received from the Claimants acknowledging receipt of the request 8. The defendant hold the claimant to strict proof to show (a) how the defendant entered an agreement. (b) Show how the claimant quantified the amount claimed. © Show how the claimant quantifies the amount of interest claimed at 8% (d) Show how the claimant quantifies future claim for interest daily at £.17 (e) Show and evidence service of Notice served under Sections 76(1) and 98(1) (f) Show how the claimant has a legal right under statute or equity to issue this claim 9. The claimant and its solicitors have not been able to comply with my CCA and CPR request in pursuant to s 77/78/79 of the Consumer Credit Act 1974. The claimant has not been able to prove any breach of defaulted payments as no default notices was ever received. 10. The claimant has not been able to clarify by way of an itemised list of how the alleged outstanding balance was derived and the legality of the charges applied to the said balance. 11. As per the Civil Procedure Rule 16.5(4) it is expected that the claimant proves the allegation that the money is owed. 12. On the alternative, if the claimant is an assignee of the debt it is denied that the claimant has the right to lay a claim due to the contraventions of section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. I believe that the facts stated in this witness statement are true. Xxxxxxxxxxx signature Xxxxxxxxxxxx Date Evidence attached: (a) Proof of postage on 3.8.2016 for CCA/CPR request (b) Claimant acknowledgement letter of receipt
  6. Hi can you copy a link in that makes it easier for me to find. I have trolled this site and cant find any witness statement similar to my case. Most of which i come across are for SB debts I am really struggling. Bearing in mind I have nothing all i have is the postal dates and reciepts, and the claim form. I have no T&C`s to refer to as they have responded to my CCA/CPR request so my WS is looking a bit scant
  7. Correction, the last payment by DMC was May 2011 The agreement is not dated. I was only sent one A4 page (blank at the back) the front is the application form front page with my DOB, old address, mobile number and signature in my handwriting. The front page doesnt look dodgy but i would have expected the entire contract which should be folded (like a book) in A4 size. am wrong in thinking this? The DCA is Lowell and Its a New Look card thanks
  8. Evening All, Just seeking a second opinion. I had a store card debt which I thought was statute barred when the debt management company started chasing, i sent them a "get lost" letter when they advised me the debt isnt SB. There is no default on my credit file for this debt but according to them the last payment I made through a DMC was 2013 (i had a few debts with this company and was making the payments). I sent off the CCA/CPR request and after about 8 months they have responded with a signed copy of the agreement. The alleged debt is for 300.00, is there anything else I could do or do I just cave in a pay it? Regards
  9. They are requesting an "witness statement" whats this? Is there an example of this on this site? I searched but couldnt find anything.
  10. *****UPDATE AND ADVICE NEEDED PLEASE**** I hope you all had a nice Xmas. A few days before Xmas I received an allocation to small claims track with a hearing date of the 21.2.2017. The mediation didnt happen as I advised the mediation service I didnt recieve the proof that I request that shows I am liable for the alleged debt, I have had nothing back from my CCA/CPR request. The court papers state "Each party must deliver to the court and the other party copies of all documentation on which that party wishes to rely" What does this mean? I do not have alot, all I have is the proof of postage for the CCA/CPR request and post I received from the claimant. Do I send the copies of the claimant post back to the claimant and the court? Any advice on this would be appreciated. Thanks
  11. she wasnt an ex at the time,they were together, she had debts, he had good credit so he got a loan to consolidate her debts then she dumped him with the debt. he has decided to set up a payment plan with the company. Thanks for your help, i dont think this could be avoided.
  12. Yep! That's right. The wording of the letter isn't your bogg standard either it's extremely unprofessional. One sentence reads " what do u think we do here, we are a business not for people like you to take advantage" Guess we'll have to pay it, coz he's panicking about the bailiffs as it's already gone to court
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