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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...    
    • 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
    • I will need to find the original two letters. It wasn’t that long ago so they can’t have gone far 🙄   but nobody remembers this pcn which makes me wonder about the date. I will check. 
    • Electricians generally do a good job and we all need them from time to time.  However, none of us would employ an electrician to change a light bulb, we'd do it ourselves.   The small claims courts is designed to be informal and to discourage the use of solicitors.   What we can't understand is why you are paying a solicitor huge sums to do things you could easily do yourself.
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englishrose v first direct * * WON * *


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Prelimanary letter sent on 26th June 2006 for £3,448.50.

 

Standard reply recieved 29th June 2006.

 

Will send LBA on July 10th.

 

Fingers crossed x

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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No a man. hope all this pays off!!!!!!!!!!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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  • 2 weeks later...

I sent of my LBA today so fingers crossed.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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I will not say good luck and you do not need to cross your fingers.

It is your money and they have taken it unlawfully, which is why they never go to court.

Stick to the timescales, do not allow yourself to be diverted and THEY WILL PAY

Any help just ask

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  • 3 weeks later...

Hi can anyone help i am doing my money claim now. I have cut and paste in this

is this what i put in the particulars of claim or am i on the wrong track. would appreciate help.

 

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

You have repeatedly asked the bank to justify their charges but they have declined to do so.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Well I have managed fingers crossed i have done it correctly. Moneyclaim sent.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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I have just looked at my moneyclaim and it all looks real now!!! Counting the days down now!!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Got my notice of issue today. FD will have to respond by the 21st of the month. Its moving so fast yet so slow if you know what i mean!!!!!!!!!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Well claim was acknowledged today, so on the last hurdle now!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Hopefully you'll get an offer soon!! ;)

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Got letter today from court informing FD intend to defend.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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xxxxdeletedxxxx

 

Ignore me, complete incompetence on my part.....

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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No it was me half asleep not making sense!!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Now they have said to defend do i have to do anything or just wait? People have been mentioning sending copy of schedules in but not sure when or if i do this? Any advice would be useful.

 

Thanks

 

Englishrose

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Thanks, my offer of half letter was waiting for me when i returned home today!! Nearly there fingers crossed.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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Last hurdle now before finishing post!!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Faxed my response today, supported by the letter in the post. so now just wainting patiently.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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I have just had my full offer!!!!!!!!!!! I cant believe it, i cant stop smiling it feels good. Thanks to eveyone on here for all your help and suppot. Donation on the way when i get my money!!!!

:D :D :D :D :D

What have people done about the confidentiality statement? Have they just signed or is there something i am suppose to do to enable me to discuss it on this board etc.?

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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I crossed out the confidentiality clause, signed it & sent it back.

 

Well done!!

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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Thanks, I am going cross it our and send it back today. Will feel much better once the money is in my account!

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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I crossed out the confidentialty statement faxed it back yesterday. Got my letter today saying money will be in my bank in the next 7 days!!!!!!!!!!!!!!!!!! Do i wait until my money is in my account before i contact moneyclaim and how do i go about this can i do it on line or do i have to ring them??????????

 

Yipppppppppppppppeeeeeeeeeeeeeeee!!!!!!!!!!!! I WON:D :D

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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The money was in my bank this morning. Its a great feeling not its all finished.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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