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By Badtimes123 · Posted
I've given it a try, I expect alot of work required so will give my eyes and brain a rest as I'm getting word blind.. and I'll come back later following your initial bashings Thanks IN THE ******** County Court Claim No. [***] BETWEEN: LC Asset 2 S.A.R.L CLAIMANT AND [***] DEFENDANT ************ _________________________ ________ 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. 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 wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment. 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. The Claim relates to an alleged Credit Card agreement between the Defendant and Bank of Scotland plc. Save insofar of any admittance it is accepted that the Defendant has had contractual agreements with Bank of Scotland plc in the past, the Defendant is unaware as to what alleged debt the Claimant refers. The Defendant has not entered any contract with the Claimant. 3. The Defendant requested a copy of the CCA on the 24/12/2022 along with the standard fee of £1.00 postal order, to which the defendant received a reply from the Claimant dated 06/02/2023. To this date, the Claimant has failed to disclose a valid agreement and proof as per their claim that this is enforceable, that Default Notice and Notice of Assignment were sent to and received by the Defendant, on which their claim relies. 4. The Claimant claims a Notice of Assignment was served on the 22/02/2022. This is denied. 5. The Claimant claims a Default Notice was served on the defendant. This is denied. 6. The Claimant is put to strict proof to verify and confirm that the exhibit *** is a true copy of the agreement and are the true Terms and Conditions as issued at the time of inception of the online application and execution of the agreement. 7. The Claimant further claims that the documents are sufficient to pursue a Judgement and are therefore copies of original documents in their possession. 8. Point 3 is noted and denied. The Claimant pleads that a default notice has been served upon the defendant as evidenced by Exhibit [***]. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 9. Point 5 is noted and disputed. 10. Point 6 is noted and disputed. The Defendant cannot recall ever having received the notice of assignment as evidenced in the exhibit marked *** The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 11. Point 11 is noted and disputed. The Defendant requested a copy of the CCA on the 24/12/2022 along with the standard fee of £1.00 postal order, to which the defendant received a reply from the Claimant dated 06/02/2023. To this date, the Claimant has failed to disclose a valid agreement and proof as per their claim that this is enforceable, that Default Notice and Notice of Assignment were sent to and received by the Defendant, on which their claim relies. 12. Point 12 is noted, the Defendant doesn’t recall receiving contact where documentation is provided as per the Claimants obligations under CCA. In addition, the Claimant pleads letters were sent on dates given, yet those are not the letters evidenced in their exhibits *** (dates are wrong) 13. Point 13 is noted and denied. Claimant is put to strict proof to prove allegations. 14. The Claimant did not provide a true copy of the CCA in response to the Defendants request of 21/12/2022. Conclusion 15. Without the Claimant providing a valid true copy of the executed Credit agreement that complies with the CCA, the Claimant has no grounds on which to enforce this alleged debt. 16. The Claimant has been unjustly enriched at the expense of the Defendant by purchasing bulk debt at a greatly reduced cost and subrogating for the original creditor in trying to recuperate the full amount of the original debt 17. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter into settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter into such negotiations with the Claimant. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant by way of a Section 78 request. The Claimant failed to comply. I can only assume as this was due to the Claimant not having any enforceable documentation and issuing a claim in hope of an undefended default judgment. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _____________________ -
why would it be acking a 'debt' and even if it did why is that an issue? -
eh?...no you are simply telling them you have moved...
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By Ethel Street · Posted
I agree with you. You and the company are separate legal entities so the company property that you damaged is third party property as far as you are concerned.. Get the company to write to you holding you formally responsible for the damage to their fence with the quotations for the repair. Send it by post (proof of posting) to Prima and ask them to confirm they will deal with the the third party directly. Best that someone other than you writes on behalf of the company! I suspect this is simply lack of knowledge by staff on customer service desks who don't understand the concept of companies and their shareholders being separate legal entities. If Prima still make difficulties use their formal complaints system until either they agree to cover the TP claim or issue a deadlock letter. You can then go the FCA.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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