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    • Yes apologies I thought it was a fixed loan as it involves a guarantee and being a business debt
    • Intrum passing account on to resolvecall and arranging home visit   Any advice 
    • On the second claim – for the front patio and in respect of which you haven't so far issue the claim, as far as we can make out – once again with the kind assistance of my site team colleague @FTMDave, we think that the correct claim should be     This would leave you with a patio which had cost you £7888 – and which is the price that you originally contracted for .   You agreed to pay £7888 for the front patio. If you claimed the £14,000 or so that you are proposing, you would be in a position where you would be getting a front patio almost free of charge   So we think that your claim should properly be for £6439.60 p However in the circumstances, I should certainly wait until we figure out what to do about the first claim that you put in. I've already suggested that you contact the sheriffs – and maybe you would come back here and let us know that you have done that and what they said.   incidentally, these are our figures – you need to do your own calculations and confirm them independently or come up with a different calculation – independently. Same for the first claim.
    • I got a letter saying the police have not received my form, license that I had to send off for 3 points, I have paid the £100 aswell, I sent the license off and form, on the 12th of November, and it got there on the 15th of November, it was signed by the court and it was photographed, for proof..   The letter states I have  an extra 7 days to send it in.. received the letter on the 24th of November...   what happens next? I cannot phone the number on the letter until Monday, its a Monday-Friday helpline...   The last thing  I want is them at my door for arrest, or even banning me from driving...
    • 3rd Try   STATEMENT OF  I Mr will say as follows:    INTRODUCTION  1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.   2: There are several documents attached with this statement. (paginated)   3: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. 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 wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.   4: 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.   BACKGROUND   5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.   6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
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Small Courts witness question


henbasher
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Long story, but basically my car gt hit in the rear three and a half years ago. They are claiming against me!!!!

Going to the small claims court in a month and one of there witnesses has stated she won't be attending the court. Her statement is littered with things I wish to question her about.

Can I demand that she attend so that I can question her?

 

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How long ago did they issue the claim. The limitation for negligence is 3 yrs

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They issued a claim 8 months after the incident but got a default judgement and then again at the high court. They used an incorrect name and address, despite me given the correct details at the road side, my car being registered with DVLA correctly and them having copies of letter from their insurance company sent to me, one clearly a response to my reply using my correct details. Never heard anything again until a high court enforcement officer turned up at my new address, which I moved to 2 years after the incident.

 

I got both judgements set aside in January and we're in court at the end of July. Their claim is terrible, neither of their statements, one the driver, the other the company director who holds the insurance, mentions the VRM, the money they are claiming included their excess twice, despite supplying me with a receipt for the repairs. Their solicitors, until I sent a letter to them the other week have continued to use the incorrect name for me, and have got my post code wrong despite having had a solicitor write to them several times, including a written court statement for getting the judgements set aside clarifying they incorrect details for the reason for requesting they be set aside! Believe me, you have to see the paperwork trail to believe how incompetant it is!

 

I wsih to question why the VRM is missing from their statements and question whether the vehicle repaired is the one on the reciept. I have no details of the van as I threw them out when I had a clear out whilst moving into my ne house 18 months ago, two years after the incident. I wish to infer that they were advised not to put the registration of the van in their statement, which clearly state the vans make and age and other details stuff like traffic conditions and weather, that the statements where made with the legal help, who advised them what to put in, and what to omit for fear of contempt of court.

 

One of the witnesses, the director, has stated she will not be attending court and that the witness statement is her submission. Can I write to their solicitors and insist on here attendance?

 

I have prepared a statement mentioning that due to the amount of time that has passed, all the pictures I took of the damage to my car, as well as all the documentation I had, was destroyed when I moved house, 2 years after the incident, 18 months since last hearing from them. Do you think I could mention the 3 year limit as a possible way to get it thrown out of court?

 

Any help or advise would be most welcome, this has been quite stressful!

 

Thanks.

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As far as I know from previous experience, you can request any witness wether for or against you to attend court.Failure for them to attend will result in them being in default, and could lose them the case, which would be good for you.

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Many thanks for that, I think I have more then enough to support my defence, but as Tescos says, every little helps!

 

I've sent a letter special delivery requesting that they atend but haven't heard anything back from them yet.

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Keep the proof of posting the letter special delivery.In a few days, check the barcode number on the royal mails website to see when it was delivered.You can then print the proof of delivery off,then if the person it is addressed to says they never received it, you then have proof that they did, and that they signed for it.

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