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nigrob

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  1. The offer is being made for commercial reasons from one of the respondents on the condition that all claims are dropped against all parties, the next para says “The offer is made on condition that all terms of an agreement can be agreed” does this help ?
  2. Hi, we have now received an offer to settle before the tribunal though I am unsure of the full meaning of this statement and how to proceed with the offer as it seems a little low. ”Without prejudice except in relation to an application for costs to be paid by the Claimant” Any advice appreciated
  3. So the claimant got the judgement and now I am trying to get it set aside and could do with some advice on how to do this. The strict proof route was pretty much ignored and the claimants failures to provide a copy of the credit agreement apart from the generic one didn’t matter.
  4. Hi Andy, thank you for the updated information and that the statement is ok once amendment’s have been made.
  5. Hi, I have now managed to draft a witness statement and scanned the hearing bundle, all are attached to this post and the next one due to size. The default notice received in the bundle from 2016 had already had black pen covering the account holders' details, reference number etc, this I find very strange. I have also realised that the hearing is dated 07th November 2022 not as previously thought so I am now requiring urgent assistance to get this sent to the court and Claimant. I still have detail to add to the witness statement, but this is the personal details. IN THE ***** County Court Claim No. ****** BETWEEN: Claimant Lowell Portfolio Ltd AND Defendant Mr ****** WITNESS STATEMENT OF ****** I, *******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in this claim. 1.) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much-reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income. 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. 2.) On dd/mm/yy, I received a claim form from the County Court Business Centre, Northampton, for the amount of £0000.00. The claimant contends that the claim is for the sum of £0000.00 in respect of monies owing under an alleged agreement with the account no. ******* pursuant to The Consumer Credit Act 1974 (CCA). 3.) The Claimants pleaded case is that the Defendant entered into an agreement with Shop Direct (Very) under account reference *******. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with Shop Direct in the past however I have no recollection of the alleged account number the claimant refers to. 4.) On the 11th August 2022 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974. The claimant has not provided a true copy of the CCA despite a request being made, instead I received a response dated 17th August 2021 stating, “please find enclosed a copy of the agreement’, the agreement provided is generic in nature and cannot be used to prove compliance. The agreement received has also been dated 4th November 2017 when the statement of account is dated as being opened on 16th December 2008, this would imply that the documents received for any request made relate to separate accounts and cannot be proven to relate to the existing sum claimed. 5.) On the 12th August 2021 I made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case. A response was received dated 17th August 2021 with copies of an alleged deed of assignment and also an alleged credit agreement, the agreement is generic in nature and could have been completed at any time due to the basic nature of the document and the fact that no digital footprint is contained within it, the claimant also advised that further documents have been requested for this specific agreement and would be sent to me when they were received, no further documents to support the request have ever been received by the respondent. 6.) Contained within the claimants’ particulars the claimant pleads that the defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. 7.) In their Court hearing bundle the claimant has produced what appears to be a ‘screenshot’ of a default notice, which is unrecognisable as such. 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. A default notice was also received dated 4th July 2016, this in fact relates to a different mail order catalogue and cannot be used to satisfy this claim. 8.) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim is based and relies upon. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. Statement of Truth I, ********** , the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______ claimants ws .pdf
  6. Hi, could someone advise a search term to find similar cat witness statement threads as my searches seem not to bring the results that I require. Having spoken to the Court today about how to request a postponement due to health issues they have advised to contact the Claimant to get their agreement otherwise a fee will apply. Should I contact via email as this will be the fastest route.
  7. Hi, I will look to upload the docs tonight, I haven’t written a witness statement as yet as ill health is affecting my daily life currently and this is proving difficult to handle. I understand that it should be with the parties around the 1st November.
  8. We have now received the pack of documents from the claimant for the hearing for 24th November. Included in the pack was a default notice from 2016 which has no bearing on this debt, found this quite strange. Another copy of the generic credit agreement , account statement have also been sent to us.
  9. I did the search and can see SAR for HMRC but not DWP. apologies if I am not finding it, I can see the FOI request link but maybe this is not the one I need.
  10. Hi Dx100, do you mean the DWP site as I seem unable to locate the SAR on there?
  11. Hi, We have received a court listing date of 24th November for this case now and are waiting to see if they pay the fee to continue with the claim. I have tried to find specific threads of how to defend the case in court but I am struggling with this. We also need to ask the Court if I am able to attend instead of my wife as she is suffering Ill health and a court appearance would push her over the edge. Could anyone help me with this please ?
  12. Hi, My wife has been hit with an overpayment from DWP carers allowance and is unable to repay the debt straight away. She receives currently £77 /week ESA and is also suffering I’ll health awaiting an operation. I have read in a few places online that the DWP can only use her personal income to make a repayment plan and the minimum is approx £10/week, could anyone confirm if this is correct please ? As a couple we are also repaying a tax credit overpayment which we have asked to be written off as we really didn’t understand how it happened nor how it ended up being so high a sum but after 4 weeks we have heard nothing from the request. My fear is that the DWP will ask for a repayment of the Carers allowance at a weekly payment that is too high considering the current crisis that people are suffering in the UK. Could anyone advise on the above and the best way forward please?
  13. HI, We have just received a letter saying that the claim has been transferred to the local court for the Judge to give directions. This is the first contact since August 21 when the directions questionnaire was returned to the court, the claimants DQ is now showing on the MCOL history as filed on 30/10/2021. Can anyone advise further please ?
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