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Gracelands

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  1. Hi there hope you are all well. just sitting down to get my thoughts ready for the court hearing on Monday and I have opened a letter received today from the court which reads: “It is ordered that In accordance with the order dated ****** and upon the claimant failure to pay the small claims hearing fee of £80 by the date specified , the hearing on the 11/10/2021 is vacated and the claim is hear-by struck out” No other information on the letter so I take it I have some respite at the moment until further notice? Thanks G
  2. Hi witness statement sent to both. checked at local court at 4pm yesterday and no court fee registered by the claimant but they said there could be a delay in the system so I will call in to the courts and check on Thursday. What happen if the court fee is not paid ? Thanks G
  3. Thanks dx got a lot of nerves at the moment it reassures when any assistance is given and it’s appreciated. I will adapt and send proof of post first thing Monday morning. Had no witness statement from claimant. Do they have to pay the court fee by Monday morning and do I check if it has been paid? thanks G
  4. Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge? I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry. If anyone could advise on my post it will be very much appreciated. Thanks G
  5. hi Andy how is that reading now. Can I post this on Mondays or does it have to be there on Monday just got home and my printer is now broken hear date 11/09/21. In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:- 1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk. 2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13 towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1 3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay. 4. It is admitted that the claimant was issued a CCA requestasking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020 Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2 5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974. Need for default notice. (1)Service of a notice on the debtor or hirer in accordance with section 87(1) (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 6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed. 7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled. I believe that 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 ………………. Dated on the day ………………. Thanks G
  6. Hi dx #4 amended I will get this sent tomorrow if it’s ok? any advice will be welcome In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:- 1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk. 2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13 towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1 3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay. 4. It is admitted that the claimant was issued a CCA request asking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020 Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2 5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974. Need for 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 6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed. 7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled. I believe that the facts stated in this Witness Statement are true. Signed ………………. Dated on the day ………………. Thanks G
  7. Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed. In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:- 1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk. 2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13 towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation. 3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay. 4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1. Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed 5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974. Need for 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 6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed. 7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled. I believe that the facts stated in this Witness Statement are true. Signed ………………. Dated on the day ………………. Thanks G
  8. thank dx I had a read through the example attached I will give it a go reading through it seems that my ws is similar to my defence with a few added words I’ll use statement of my first payment and email requests for help with payments and emails stating that this payment was not subtracted from the ballance being claimed as evidence nor at anytime was it reduced from totals claimed. thanks G
  9. Thought as much dx. No still pondering the Ws. I’ve been up and down the threads many times and can’t seem to find anything similar to what I need also nobody seems say anything about being in court? must admit I’m very nervous as i am wondering what my goal is and how to put it across in court language thanks G
  10. Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed Thanks G
  11. Hi hope you are all well. update from Western We have received a notification requesting for a deal. If you wish to set an arrangement with us directly, you need to send back the court paperwork (N9A Admission form) that you will receive shortly. As soon as we receive the form, we can set an arrangement with you. is this the routine response. Does the form findings set out what can be offered for mediation? thanks G
  12. Hi I have just received "Notice of allocation to the small claims track (Hearing)" which is (N157) I think, saying claimant needs to pay the £80 fee on the 27th September or it will be struck out. The hearing will take place at my local court 11th October. now i think i follow direction then turn up at court and put the defence forward that was submitted on MCOL? I am panicking a bit now as this seems a bit daunting and I am unsure if I have enough to put to the judge. I Need ask a few things. 1 do I take the stand in court or do I contact them for mediation before the hearing as it says that mediation must be considered up to the court hearing? 2. Will there be court costs added to the claimed amount if the Evergreen claim is upheld? 3. Will I have to pay everything straight away? I have scanned redacted notice of allocation for reference. NoA hearing.pdf Thanks G
  13. Hi Andy I have attached the fixed sum agreement. Fixed sum agreement.pdf
  14. Hi Andy I have attached the DN and Statement that was sent to me. Thanks G convert-jpg-to-pdf.net_2021-09-08_15-19-53.pdf
  15. In with the “contract credit information” there is a explanation of a fixed sum agreement and also a fixed sum loan agreement regulated by the CCA 1974 with an electronic signature at the end. I have no scanner at home so will scan and upload DN and statement tomorrow. thanks G
  16. Hi Andy letter says “ further to letter dated 24/06/21 we are sending you physical copies of the information that you have requested” also inside: notice of arrears 10/06/21 default notice 30/06/21 letter of claim no date on letter? statement letter pre contract credit information information sheet saying it has been sent due to a business intending to take you to court thats everything Thanks G
  17. Thanks Andy Also received a pack of documents from western Circle with notice of areas other communication etc. Also email communications all of which means they have provided the correct information requested? Thanks G
  18. Hi I have received Notice of Proposed Allocation to the Small Claims Track is this the normal next approach? It is asking me to complete and return the form. Question A1: Do you agree tot his case being referred to the Small Claims Mediation Service? I take it i enter yes to give me the option of mediation? Any assistance will be appreciated. Thanks G
  19. Thank you for your help Andy. MCOL defence filed and CCA will be posted at 17:15 today.
  20. Hi Andy sorry got mixed up you are correct it is Western Circle named on the claim form. My defence has to be in today will there be anything else to add to the above defence? Thanks G
  21. Thank you for the reply Andy. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not as far as I am aware can’t find any letters from Westcroft Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred ? No change of address. Thanks G
  22. Hi hope everyone is ok. I have drafted a defence below that is due to be submitted by end of play tomorrow any thoughts will be very much appreciated. Particulars of Claim for Reference only 1.The claimant is a lender providing short term finance to consumers under the consumer credit act 1974. On 05-03-2020 the parties entered into an agreement whereby the defendant borrowed the sum of £400 to be repaid in 3 monthly instalments at the agreed contractual daily interest rate of 0.74%, capped at 100% of the loan value 2. Despite extensive chasing, the defendant failed to pay their loan in full and interest and costs have been incurred The claimant therefore claims: 1, £400 being the amount loaned 2, £400 being interest made up of the date of this claim. 3, -£192.19 being amount paid. What is the total value of the claim? £677.81 Defence The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 admitted .The defendant admits entering into a short term Pay Day Loan agreement for the sum of £400.00 to be paid in 3 monthly instalments . It is denied I failed to abide by the Terms and Conditions of the agreement. 3. The defendant was placed on to furlough in March 2020 and was unable to meet the contractual 3 payments. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer. 4.The Claimant did not serve a Default Notice pursuant to sec87 (1) of the CCA1974. 5 I have requested a copy of the agreement pursuant to section 77 of the CCA 1974. Need for 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 6. The claim is disputed with regards to the Defendant owing the amount of monies stated to the Claimant and the Claimant is put to strict proof to: (a) show and evidence how the defendant entered into the agreement: (b) show how the claimant has reached the amount claimed for; (c) show how the claimant assisted during the pandemic and its response to my request; (d) show and evidence how the breach occurred and a valid Default Notice was issued, 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the full correct amount of money is owed. 8.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  23. Hi just to give an update on the ongoing case. I have attempted to contact my local court for a number of weeks now to inform them that i have still not had notice of allocation. I have made numerous phone calls and the lowest I have been in the queue is 425?? sent a few emails and last Friday had an email response say that they will get back to me with any information as soon as they can but are very busy. MCOL history is states claim sent to local court 2nd June. Thanks G
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