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    • Lining up my ducks and preparing my WS in advance. 1st draft below. Feedback appreciated. In the County Court at ************ Claim Number:***************** BETWEEN: Claimant: ********************** -and- Defendant: *********************** WITNESS STATEMENT OF ******************   I, *********, being the Defendant in this case, make this Witness Statement in support of my defence which is due to be heard on DATE at ************ County Court. I contest that the Claimant's claim is vague and unspecific. On DATE I made a written request to the Claimant requesting that the Claimant provides copies of all documents (true copy of the executed agreement and a copy of current terms and conditions encapsulating any variation) mentioned in the Statement of Case (Exhibit A). On DATE I made a written request to the Claimant Solicitors requesting that the Claimant provides copies of all documents (Credit Agreement, a copy of the Contractual payments under the terms of the agreement and the Default Notice) mentioned in the Statement of Case (Exhibit B). On DATE the Claimant’s Solicitors replied (Exhibit C) to my written request without the requested documents. On DATE the Claimant replied (Exhibit D) to my written request without the requested documents. The Claimants claim is based upon Defendants alleged breach of contract and therefore, the contract is entirely central to the Claimant’s case. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form. On DATE I contacted the Claimant and repeated my request for copies of documents as mentioned in the Statement of Case (Exhibit E). The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents or if they can provide originals for Court inspection. The claimant has provided a 'reconstituted' set of statements which are not original documents The Claimants pleaded case is that the Defendant entered into an agreement with ***************** under account reference ************, I am uncertain as to which account this refers to. It is accepted that I have had ****** Loans in the past, however, the account number given does not relate to any information I have, therefore, it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers. I believe that the facts stated in this witness statement are true. I therefore ask that the Court orders the Claimant to provide copies of the documents and if the Claimant is unable to comply the proceedings are struck. Statement of Truth I ************, the Defendant believe the matters set out in this Witness Statement are within my own knowledge, except where I indicate to the contrary. Signed: ________________________________ Dated: ________________________________
    • Brilliant, that's reassuring.  Off to the Hermes forum now.
    • No, I think UK will get same deal as EU.  Main reasons for this are two sectors,  Defence and Financial Services.  US have huge levels of money invested in the UK, so they have a self interest in offering a trade deal as good as the EU.
    • @labrat I'll bet it isn't the subframe itself that's broken. It'll be the subframe mounting bolt(s) that have sheared off inside it. Because the bolt is seized inside the subframe, it effectively renders the subframe scrap. I suspect the garage are simply talking in terms the average customer is more likely to understand than going into the detail of it. The Golf, Jetta and Beetle, which are all mechanically identical, are notorious for it.    A smaller independent garage may have tried to get the bolts out, but you very quickly reach the point where time/effort/cost is simply not worth it and replacement of the whole subframe is the better choice.   Of course the OP could approach a salvage yard, either local or online, and ask about the cost of a good used item, which would be substantially less expensive than what I assume is the price VW are charging for a replacement.
    • Applied for and awarded by BY in Sept 2020 still not received it yet Comments appreciated
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi, would someone please be kind enough to check out this Halifax loan CCA for me and let me know if it's enforceable or not. If you click on the pics a couple of times they get bigger.

 

Thanks

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Hi,

 

Sadly I am no expert on these things but I have found this thread to be really good.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

I think a lot depends on whether the prescribed terms are on the same document as the signature...

 

Anyway, If this doesn't help, hit the triangle and ask a mod to take a peek.

 

Good luck,

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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Hi

While I am no expert, it seems all the prescribed terms are there therefore in my opinion, enforceable.

hold fire for others to comment before making any decisions though.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks Spam and Fox. I have taken a look at the thread Spam but I'm feeling a bit dim today and can't seem to take the info. in, so I'm hopeing that an expert will take a look for me!:DPleeease

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Hiya,

 

The only thing I can suggest is if you post up the document with the amount of loan , repayments ,apr etc With the figures showing and just remove personal details so that it can be checked if its properly executed.

 

Most companies give an APR etc but sometimes they under or overquote on the exact figures and you could actually end up paying more than you should.

 

If the figures aren't accurate then it could be 'improperly executed' so it's worth a look.

 

Spam.:)

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Sorry hit wrong button - DER!!!!

 

Amount of credit = 3,500

Duration of the agreement = 62 months

Total amount you pay = 4,845

Amount of monthly payments = 80.75

APR = 13.4%

Total charge for credit = 1,345

Annual interest rate = 13.45%

 

The annual interest rate stated above is the annual equivalent of our monthly interest rate of 1.057% calculated on a compound basis.

 

Thanks

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Loan Calculation, Thu, 09 Jul 2009

 

 

 

Number of Monthly Repayments:62 Monthly Loan Repayment (£):£77.17 Total amount to repay (£):£4,784.29 Total Interest charged (£):£1,284.29

 

The figures you have quoted gives the above result. It depends now whether there was an arrangement fee etc. which would have increased the monthly payments etc. If not, there seems to be a bit of a problem in their calculations. 8-)

 

You may want to play around with the calculater yourself and see what you come up with.

 

Spam. :-)

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Hi Spam, No there was no arrangement fee. Sorry to sound thick but what are the implications of these figures being wrong? Do you have any advice on what I should do about it? and I will put the figures in the calculator again myself.

 

Thanks again

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Loan Calculation, Thu, 09 Jul 2009

 

 

 

 

Number of Monthly Repayments:62 Monthly Loan Repayment (£):£80.53 Total amount to repay (£):£4,993.03 Total Interest charged (£):£1,493.03

 

 

Yes, It is very strange.. in order to come close to the monthly payments quoted you would have to have an APR of around 15.5%

 

Your monthly payment of £80.75 x 62 (months) actually works out to £5006.50..

 

They have quoted total credit to be £4845 therefore they are charging you an extra £161.50 i.e an extra 2 months payments spread over the 62 months... am I making sense? :???:

 

Spam.:)

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I think the closest APR they have used is about 14%. that almost matches the figures.. but they've definitely been creative with the repayment figures :eek:

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Looks like they just rounded the APR up to suit themselves. I know the difference isn't that much but surely they shouldn't have done it?:confused:

 

I really am not 100% sure, but there is the possibilty that the agreement could be 'Improperly executed' as for those repayment figures the APR would be incorrect by more than 1% and the credit charges don't match the APR, and falls short by more than 0.1 (at least as far as I can make out) but you really do need an expert on that one.

 

I have a similar situation with my Halifax loan

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/204302-spam-getting-grips-halifax.html#post2225533

 

Spam.:)

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Hiya,

I think a SAR is always a good idea. I've recently received the statements from my loan and discovered they've added some nasty charges on it when I defaulted.. I've just got to get round to looking at that.. so IMHO it wouldn't do any harm if you can spare the tenner.

 

Just make sure... if you send them a postal order make sure you make it out to HBOS Plc as if you leave it blank they will send it back to you, as I found to my great cost and annoyance!!

 

Spam.:)

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Hi sent off the SAR today. I have made 20/30 payments on this loan never missing or making a late payment but moved so did'nt use the account much and some t!!t at HBOS contacted me and stated that THEY have noticed:mad: that I have not been making all my repayments(with other companies and in dispute).That I can not afford to live and as a (what for it ) !!! Responsible lender they have reduced my overdraft. Can they just look at my credit file without my permission and for no reason

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if u have an o/draft with them, id suggest they do have a reason really. i think most financial institutions will be doing the same on a regular basis in this economic environment in all honesty

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Hi sent off the SAR today. I have made 20/30 payments on this loan never missing or making a late payment but moved so did'nt use the account much and some t!!t at HBOS contacted me and stated that THEY have noticed:mad: that I have not been making all my repayments(with other companies and in dispute).That I can not afford to live and as a (what for it ) !!! Responsible lender they have reduced my overdraft. Can they just look at my credit file without my permission and for no reason

 

Agreeing with R&B here, if you have a bank account/loan etc. then these companies regularly update your credit file with the information as to whether you are conducting your account(s) satisfactorily or whether you are in default or late with payments and they can check to see how you are behaving with other companies. I have been checking my credit file recently and all but one bad marker on my file is from the Halifax... they're right b**gers and can destroy your credit rating at the drop of a hat.

 

Still, they're part of LLoyds now so what can you expect!

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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Thanks Spam r&b got a letter saying they are going to do a home visit this sunday!! Not really sure where to go with this figures slightly wrong, should I just start paying again or is there anything else I can do:confused:

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