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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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PPI in court tomorrow time barring and restitution


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Claiming for two mis-sold PPI's Defendant is claiming time barring plus restitution not particularised and asking for summary judgement tomorrow. I thought you did all that in a full hearing, doh! Oh, well. Anyway I have submitted a Witness Statement that covers everything I could think of quoting all the legislation, case law and giving exhibits. The defence lawyers have sent me a folder this morning with all the submitted documentation in a ring folder having the company name splashed all over it. I had already prepared my own folder as per CAG advice - thanks, so will take that it should help in the psychological battle. They sent me another offer letter 2 weeks ago threatening application for costs if I lose the case and the reserving the right to show the offer letter to the judge, basturds. Submitted standard Vincent Vs C. case law for time barring defence and Sempra for restitution. I will appeal if the result is not positive, the defendant has already admitted, 'they could not be certain that I had not been mislead' in a previous offer letter that was not hedged with without prejudice etc - so the odds should be in my favour. I will post tomorrow evening with the result.

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Claiming for two mis-sold PPI's Defendant is claiming time barring plus restitution not particularised and asking for summary judgement tomorrow. I thought you did all that in a full hearing, doh! Oh, well. Anyway I have submitted a Witness Statement that covers everything I could think of quoting all the legislation, case law and giving exhibits. The defence lawyers have sent me a folder this morning with all the submitted documentation in a ring folder having the company name splashed all over it. I had already prepared my own folder as per CAG advice - thanks, so will take that it should help in the psychological battle. They sent me another offer letter 2 weeks ago threatening application for costs if I lose the case and the reserving the right to show the offer letter to the judge, basturds. Submitted standard Vincent Vs C. case law for time barring defence and Sempra for restitution. I will appeal if the result is not positive, the defendant has already admitted, 'they could not be certain that I had not been mislead' in a previous offer letter that was not hedged with without prejudice etc - so the odds should be in my favour. I will post tomorrow evening with the result.

collapse_thead.gif Posting Rules

 

Not a Court person more than usual FOS. It has got results but over a long time:D

 

Good luck on the Court front and please post the result:)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Going to need the luck, just received in the post a copy of their costs schedule £4,500! Also the judge is a M***** and so probably thinks I am a monkey, not that I have anything against monkeys or pigs for that matter. I can only hope this is a last minute scare tactic, its working. Oh, well. What a contrast with my £150 costs claim. Nowhere to go but the court room will post pm after the hearing...creeping feeling of doom. We will never surrender - probably.

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£4,500 costs for a PPI action?

 

Taking the michael, big time

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Judge ridiculed the idea of me representing myself "in such a complex case" and suggested I see a lawyer. Judge was fully on Shabbeys barristers side. "Have not read all of your witness statement, blah, blah, time barring does apply, the limitation act only applies in cases of negligence, transfering to another judge in 28 days as you have submitted a letter that shows Abbey made you an offer", "it was not marked with out prejudice" , says I. Then he went on to be bit of a c*** suggested I come to some sort of settlement with the barrister outside the court. He generally ridiculed the idea of being able to claim mis selling retrospectively, when I point out that this was what the Fin. Ombudsman Service did routinely he said "the FSA can do what ever they like", "no I said the FOS", says I. He said the only reason he did not grant summary judgement was that he had now seen the offer letter from Shabbey and was therefore compromised. The letter was from before I started the court action and not marked without prejudice so I thought it was OK. He implied that the summary judgement would certainly go in the Defendants favour and I would be hit witha further £several thousand in costs. Then he gave the barrister his £750 fee with me having 14 days to pay. The judge tried to pile on more pressure by saying Shabbey could go for a charging order to recover the costs and Shabbeys request for summary dismissal was deferred for 28 days. Talked to the barrister outside the court in his role as a court officer (apparently he has to give impartial advice when outside the court) he thinks I can probably get them to drop all or most of the costs if I drop the case. I have 28 days anyway, the bulk of the costs have not been granted yet and apparently I could get free legal representation I thought I would only qualify for 10 minutes with a solicitor. Flipping heck, got to put the house in my mothers name just in case they try to enforce a charging order. Two weeks ago they offered me £750. Incidently, the barrister some public school arse whinned in the waiting room it costs £350 everytime someone complains to the FOS regardless of the merits of the case. I knew that anyway from this site got two complaints against them at the moment, so please bung in all the FOS complaints you can muster, it will make me feel better.

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Judge ridiculed the idea of me representing myself "in such a complex case" and suggested I see a lawyer. Judge was fully on Shabbeys barristers side. "Have not read all of your witness statement, blah, blah, time barring does apply, the limitation act only applies in cases of negligence, transfering to another judge in 28 days as you have submitted a letter that shows Abbey made you an offer", "it was not marked with out prejudice" , says I. Then he went on to be bit of a c*** suggested I come to some sort of settlement with the barrister outside the court. He generally ridiculed the idea of being able to claim mis selling retrospectively, when I point out that this was what the Fin. Ombudsman Service did routinely he said "the FSA can do what ever they like", "no I said the FOS", says I. He said the only reason he did not grant summary judgement was that he had now seen the offer letter from Shabbey and was therefore compromised. The letter was from before I started the court action and not marked without prejudice so I thought it was OK. He implied that the summary judgement would certainly go in the Defendants favour and I would be hit witha further £several thousand in costs. Then he gave the barrister his £750 fee with me having 14 days to pay. The judge tried to pile on more pressure by saying Shabbey could go for a charging order to recover the costs and Shabbeys request for summary dismissal was deferred for 28 days. Talked to the barrister outside the court in his role as a court officer (apparently he has to give impartial advice when outside the court) he thinks I can probably get them to drop all or most of the costs if I drop the case. I have 28 days anyway, the bulk of the costs have not been granted yet and apparently I could get free legal representation I thought I would only qualify for 10 minutes with a solicitor. Flipping heck, got to put the house in my mothers name just in case they try to enforce a charging order. Two weeks ago they offered me £750. Incidently, the barrister some public school arse whinned in the waiting room it costs £350 everytime someone complains to the FOS regardless of the merits of the case. C**p barrister not on the ball it actually costs £500 for everycase submitted to the FOS. So much for him being in the know:rolleyes: Did you get his name so you know who not to rely on in Court:D I knew that anyway from this site got two complaints against them at the moment, so please bung in all the FOS complaints you can muster, it will make me feel better.

 

Firstly have you posted for assistance in the legal forum? if not I can move your thread there for assistance if you wish.

 

Let me know there are legal folks who may be able to advise more on the court issues.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Yes, AA please move me over, the more help the better. Going to ring round for a lawyer that takes legal aid cases locally tomorrow.

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Hello 300 you are now in the legal issues forum you should get some help in here with your issues

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Thanks again AA, blood pressure is starting to come down now ;¬), nearly discontinued a credit card claim - the compound interest bit, they have already repaid the charges as feeling wobbly, alienated a friend and nonp(l)ussed the cat.;¬) Would cost me as much to stop now, there is no reason why I should not win, peanuts compared to my other costs...

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Decided on reflection it would be pointless to continue with the credit card claim mentioned above here is my email to the court. 'Thanks, on reflection I am going to withdraw and will send a letter on Monday not because I should not win, because with Judge you know who I can't win he has made it clear in a previous case that he thinks restitution interest is a pipe dream in his court. I had assumed the county court was not a parochial fiefdom but can't afford another set of damages due to the idiot Jack Straws appointments.'

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  • 2 weeks later...

Received a cheque in the post relating to the claim in my last post which was for the balance of restituition interest on a CC claim. That F***ing judge. Also received his judgement today on the linked PPI cases, he has recognised that the claims are not time barred, which is the opposite of what he implied in the hearing when he was suggesting I do a deal with the barrister outside of the court to avoid costs that might reach £8,000 or more. Settled with a non continuence offer if Shabbey drop costs claims they insisted on a ~"you will not pursue claim with FOS". Checked with FOS first and no agreement should be dependant on not refering the case to them. As there has been no judgement on the case they can look at it - phew, I registered the claim before signing Shabbeys nasty little document. I have been well and truely shafted by the establishment, a pox on their house!

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  • 2 years later...
Received a cheque in the post relating to the claim in my last post which was for the balance of restituition interest on a CC claim. That F***ing judge. Also received his judgement today on the linked PPI cases, he has recognised that the claims are not time barred, which is the opposite of what he implied in the hearing when he was suggesting I do a deal with the barrister outside of the court to avoid costs that might reach £8,000 or more. Settled with a non continuence offer if Shabbey drop costs claims they insisted on a ~"you will not pursue claim with FOS". Checked with FOS first and no agreement should be dependant on not refering the case to them. As there has been no judgement on the case they can look at it - phew, I registered the claim before signing Shabbeys nasty little document. I have been well and truely shafted by the establishment, a pox on their house!

 

Can you give more details surrounding the issue of the PPI claim being time barred or not? I am dealing with a vey similar situation in my thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?304631-Welcome-Finance-PPI-and-Mr-Z/page29 and I have to admit the issue of time barring has be very concerned.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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