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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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Hi everyone,

 

I have been drawn to this site because It seems to contain many people facing similar difficulties with regard to Corporate Finance shennanigans!

 

I'll tell you a little about my situation!I feel sure many are in a similar situation!

 

I was a working professional with 2k on a credit card. Shortly after spending 2k.The wife became disabled, forcing me into the benefit system and now being able to save the Government a lot of money be being a full time care and commanding a very princely takehome of £48.00 a week in carers allowance.

 

Naturally I contacted my PPI people who were less than unhelpful.

Bank had the forsight to cancel my card. I had made regular payments though with difficulty...Anyhow when my card was cancelled, my late payment penalties and overlimit penalties were not cancelled!

 

Now I owe2.4k....Desparation prompted my to claim back bank charges of 2.6kon my current account...FSA suspended my claim.....I'm told claims can be dealt with in cases of Hardship.

 

I contacted retail bank collections and asked them to fascilitate the resolution of this issue with a few clicks of a mouse. refund my bank charges to my credit card and it would all dissappear!

 

They said No! I usually get between 3 and 6 phonecalls a day from retail bank collections.

 

I feel I have made a good offer to make this go away. Naturally I dont understand why they said No. My Guess is that it would not be good business to resolve the issue. because they would not get anymore free money of me!

 

I wait patiently for the High Court adjudication, endure nuisance phonecalls. And await courtpapers or door collectors!

 

Well thats pretty much my story. thanks for indulging me.

 

N.B...I perhaps shouldnt be naming Banks so I wont!(It begins with H and ends in x)

 

Best wishes Neville1963.

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Thread moved to Halifax Forum :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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hi neville

The first thing is send them a letter of harassment to stop the telephone calls, you will then need to send of your s.a.r for each account requesting your statements you can claim your charges back bank accounts will take a bit longer due to the test case to start in jan 08 but your credit card charges are not

affected once you have all your statements you can then send

of your prelim requesting your charges back i have given you

some links that will help you any questions just shout there is always someone around to help good luck:D

Harassment by telephone - response letter

http://www.consumeractiongroup.c o....se-read-these/

http://www.consumeractiongroup.c o....lates-library/

Example Step-By-Step Instructions

Guide To Reclaiming Bank Charges **##~~~~**##~~~~ Read This First !!

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Thanks Tilly,

 

The telephone harrassment letter is massively helpful!

 

I already have all my stataements and have rquested a bank charge refund, however it all hinges on the test case!

 

I am a peacable and meek kind of type, who gets to worrying about all of this . I have already offered up a viable resolution to my plight to the Bank. I have not even questioned the legality of Credit card latepayment charges and overlimit fees, content to simply dissolve the issue of my credit card balance!Using Current account charges!

 

They have recieved a good few hundred pounds of the initial ammount and yet i owe more than I initially borrowed!

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Neville if you have your credit card statements you need to do a spready with your charges on eg late payment charges and overlimit fees and send this of with your prelim giving them

14 days to reply then send your letter before action giving them a further 14 days

the test case applies to bank charges not credit cards

2. Letter - Preliminary approach for repayment.

also carry on with your claim for your bank charges stick to your timescales not theirs

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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