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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. 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.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • 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
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Shopping Channel " Its A wrap" Any dealings?


mammyslad
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Having a problem with the above with regards to a purchase I made recently and have had to return to them due to non satisfaction.They are disputing my return even though I have proof of return.Have sent numerious emails to them requesting my refund but they deny having received the goods to their returns dept? What should my step be?

 

 

Regards

ML

Please Click My Scales,Thank You very much

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How did you return the item?

 

Do you have proof of posting or proof of delivery?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks Guys for the speedy response

 

Return was made by Royal Mail and have proof of postage at a cost of £8.00

on the 26th Nov. Any ideas on a format of letter getting nowhere with my emails they just deny reciept

 

Many Thanks

ML

Please Click My Scales,Thank You very much

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What was the item you sent? What was the value? Which Royal Mail service did you use to return the item? When did you return it?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Further to my posting I received this from’ It’s a Wrap’ by email this evening.

“Park House is where Customer Service is based and we haven't received a parcel from you here. I am worried in case you sent it Standard Parcel as we found a high proportion of orders we despatched using this method never reached their destination. We have since changed to DHL to try and stop this problem.” If you did use Standard Parcel, it is possible to claim back from Royal Mail for the value of your parcel, assuming you have the receipt of postage”.

 

It is not very complimentary to our Lads & Lassies at Royal Mail.

 

When I bought this Multi Mop from them printed on the box it stated that there were three floor pads included, but there was only one in the box, I contacted them about this they said it must be a printing error as you only get one floor pad, but we can sell you three for £9.90 plus postage.

Yeh,they ai’nt received The Multy Mop which was returned to them on the 26th November.

Yeh Umm Yeh.

ML

Please Click My Scales,Thank You very much

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So...

 

What was the value? Which Royal Mail service did you use to return the item? When did you return it?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Are you just going to answer 1 question per post? :-)

 

Which Royal Mail service did you use to return the item? When did you return it?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Check what the actual service was by looking on the receipt you have - by 'parcel post' I'm assuming you mean Royal Mail Standard Parcels? This service usually takes about 3 working days, maximum around 5 working days - so even with it being the busy Christmas period the item should have been delivered by now.

 

The Standard Parcels service is not tracked, so if it still hasn't arrived one can only assume it is lost in transit. Go to your local Post Office and ask for a 'Lost, Damaged or Delayed Mail' form, fill in all the relevant details and attach your original proof of posting (keep a copy!) and something showing the item's value e.g. a receipt.

 

I hope you told the Post Office clerk the value of the item when you posted it, and paid for the extra compensation, otherwise you are only covered for £34 maximum so you're going to be £30 out of pocket.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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did you get proof of delivery? i.e. a copy of the signature?

 

sorry was typing this as Barra was typing his

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hello Barracad & Lula.

No it was not insured, I just have proofof posting wich states delivery address verified,

I will see my friendly Postmaster for the Form that you advised Barracad, It seems that I have no alternative but to claim from the Post Office and put it down to another lesson learned.

I still feel as though I have been wrapped by 'It's a Wrap'

Thank you for you help and advice, and compliments of the season to you all.

ML.

Please Click My Scales,Thank You very much

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  • 1 month later...

i have not heard of this company. so i cannot comment but l am having roughly the same problem as you with a different shopping channel called bid tv.

 

i have started my own thread on this

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 1 month later...

The TV shopping channels Bid TV, SitUp TV are basically the same company whose sole purpose is shifting boxes. They are not interested in providing customer service - it costs them PROFIT. If they send you faulty goods they expect you to pay for their return so it does not affect their PROFITS.

You will be disappointed with the quality of their products, the way the true price of the products is hidden in the postage costs.

Until they sort out customer service do as I do - don't buy from them - until their PROFITS are affected they will do nothing to improve their appalling customer service where they will deliberately ignore your emails, letters and pretend they have not received your return.

If you have a complaint contact Trading Standards and add the complaint to as many forums as you can so hopefully it will prevent somebody else being ripped off.

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