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    • 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."
    • Please fill out our court claim sticky on this forums homepage.   Dx
    • My site team colleague @FTMDave has now gone through the entire thread – or 238 posts across 10 pages. He agrees that on your first judgement you have claimed too much because you have included the entire cost of producing the rear patio when in fact you have only paid a deposit. Whereas your judgement is for almost £3000, your claim should have been:       And instead you claimed £2905 and got a judgement for that figure and for which you have just instructed the sheriffs.   Firstly, this clearly is an unjust result because as shoddy and as brutal as they appear to have been, the judgement should only have been for £795. Secondly, when you began the claim, you paid fees calculated on a claim of £2905 but the true claim fee should have been calculated on a claim of £785. This means that not only have you claimed too much in terms of damages but also you have incurred claim fees which were unnecessarily high. In my view this matter needs to be addressed and frankly I think the first thing you should do is that you should contact the sheriffs on Monday and tell them there has been an error and tell them to suspend the enforcement. After that I'm not too sure how to proceed and I have asked my site team colleague @Andyorch for his view about it. On the second claim, you were about to make the same error – but by a far more serious margin. In fact your margin of error was going to take you off the small claims track onto the fast track. Of course none of this has been helped by the failure of Lords to engage with the claim at all. However, the fact that they didn't mount a defence doesn't mean that you were entitled to the judgement which you sought.
    • Hi ref post #176 posted doc, I notice that no date is shown for hearing fee to be paid by? Is this usual for a phone hearing, given current circumstances? Working through lots of success and other posts re witness statements, not easy, "one size does not fit all", will hopefully post tomorrow Sunday. Thanks
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Links to cases required please....


GhostDebt
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Good evening all,

 

Does anybody have links to the following case texts please as I need to print off copies.

 

Wilson v First County

 

Woodchester Lease Management v Swain

 

Van Lynn Developments v Pelias Construction

 

W F Harrison & Co. v Burke

 

Dunlop Pneumatic Tyre Company v New Garage & Motor Company Ltd

 

Many thanks

 

Regards

 

GD

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Good evening all,

 

Does anybody have links to the following case texts please as I need to print off copies.

 

Wilson v First County

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633 (2 May 2001)

 

Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007)

 

Woodchester Lease Management v Swain

 

Van Lynn Developments v Pelias Construction

 

W F Harrison & Co. v Burke

 

Dunlop Pneumatic Tyre Company v New Garage & Motor Company Ltd

 

Many thanks

 

Regards

 

GD

 

I've pasted links to a couple of the Wilson cases above which I had saved in my IE Favourites, the other one may be useful to you.

 

Have you tried looking here;

BAILII - Case Law Search

 

I think it's sometimes a bit particular how you word your search terms, but lots of stuff can be found there.

 

Cheers

Rob

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Thanks for your reply Rob.

Most helpful.

Regards

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Share on other sites

Dunlop Pneumatic Tyre Company v New Garage & Motor Company Ltd

 

Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1 (01 July 1914)

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

Does anybody have a copy of or link to:

Harrison v Burke

&

Van Lynn Developments v Pelias Construction

 

Many thanks

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

Does anybody have a copy of or link to:

Harrison v Burke

&

Van Lynn Developments v Pelias Construction

 

Many thanks

 

Does anybody have a link to the above please.

I have searched BAILII and google and have not been able to find them yet.

 

Many thanks

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Share on other sites

Perhaps you haven't checked all the google links yet. This isn't the actual case itself, but is a succinct summary of, what I assume are, the relevant points

 

This comes from the supreme court of barbados:-

 

[37] Mr. Thornhill, counsel for Rodney and Portfolio, relies on Van Lynn Developments Ltd v Pelias Construction Co Ltd [1968] 3 ALL ER 824 where the Court of Appeal with Lord Denning MR as President had to consider whether there was a valid notice of the assignment of a debt. In that case the defendants had a bank overdraft which was paid off by the plaintiffs in consideration for an assignment of the debt to themselves. The assignment was dated 26 June and on 27 June the plaintiffs called on the defendants for payment. In the letter of 27 June it was stated (incorrectly) that notice of the assignment had been previously given to the defendants. On the question whether the letter of 27 June constituted a valid notice of assignment, it was held that on the true construction of s 136 of the Law of Property Act, 1925 (identical in its terms to s 214) notice of assignment of a chose in action was good even though it contained no date and the incorrect statement could be ignored as an inaccurate surplusage; and (per Widgery LJ) it was immaterial that the letter was not written with the intention that it should perform the function of giving notice under s 136 (1).

 

[38] In giving his decision Lord Denning MR expressed his opinion that the correct interpretation of the statute was given by Atkin J. in Denney, Gasquet, and Metcalfe v Conklin [1913] 3 KB 177 at p 180 that no formal requirements were required for a notice of assignment and observed that:

 

“It seems to me to be unnecessary that it should give the date of the assignment so long as it makes it plain that there has in fact been an assignment so that the debtor knows to whom he has to pay the debt in future. After receiving the notice, the debtor will be entitled, of course, to require a sight of the assignment so as to be satisfied that it is valid, and that the assignee can give him a good discharge. But the notice itself is valid.”

 

[39] In concurring with Lord Denning MR. Widgery LJ. stated :

 

“The section does not speak of “a notice:” it speaks of “notice”. Accordingly, it is wrong to suppose that a separate document purposely prepared as a notice, and described as such, is necessary in order to satisfy the statute. The statute only requires that information relative to the assignment shall be conveyed to the debtor, and that it shall be conveyed in writing”. (Emphasis added.)

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Thank you for your reply Nicklea.

 

I am looking for the case texts to include in my court bundles and believe I need the full thing.

 

Many thanks for your input.

 

Regards.

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

Does anybody have a copy of or link to:

Harrison v Burke

&

Van Lynn Developments v Pelias Construction

 

Many thanks

 

I've got copies of both - if you pm me your email address I'll send you copies

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Do you need copies of Orakpo, Dimond, and London North?

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hello IGNM.

 

Have sent you a PM.

 

Many thanks

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

I've emailed you the cases - have you already got copies of Dunlop and Woodchester??

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hello IGNM,

Links to the other cases are in the posts detailed above.

 

Post #2 - 2 x Wilson cases.

Post #4 - Dunlop.

Post #5 - Woodchester.

 

Is it allowable to post the cases on the forum?

I expect several people would often find these helpful and may

not be able to find them so a thread which includes them would be

helpful, but don't want to do anything to breach any copyrights or forum rules.

 

Many thanks for the email.

 

Best regards

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

 

 

Is it allowable to post the cases on the forum?

 

I don't know to be honest...perhaps you should ask a member of the site team...just click on the triangle

 

I don't think that you can post the commentary - the stuff from Halsburys etc

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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You don't need to link them on the forum - they are already here The Consumer Forums - Cases

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

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Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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You don't need to link them on the forum - they are already here The Consumer Forums - Cases

 

 

I don't think that the Assignment cases are on there

 

Harrison v Burke

&

Van Lynn Developments v Pelias Construction

&

Firstdale v Quinton

 

- perhaps they ought to be...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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  • 2 months later...

Hi All

 

I thought I'd tag my request on here as the title of the thread suits, and if anyone can provide any links then it helps to keep them in the same place.

 

Alternatively, if anyone can offer to email copies of the cases requested below I would be grateful (I need them preferably today but tomorrow at the latest as I have a hearing on Friday 16th Oct).

 

The cases I would like are (both assignment cases);

 

 

 

1.) Amalgamated General Finance Co Ltd v CE Golding & Co Ltd [1964] 2 Lloyd's Rep 163

 

2.) W F Harrison & Co Ltd v Burke and another - [1956] 2 All ER 169

 

 

 

 

I've looked on BAILII but can't find them :(

 

TIA for any help

 

Cheers

Rob

Edited by robcag
put 'BAILII' in capitals
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I've got a copy of the Harrison v Burke case, it should be attached.

 

Excellent work someone_else, thanks very much! :D

 

1 down, 1 to go :wink:

 

Hopefully i won't need any other case besides the 2 requested.

 

Cheers

Rob

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Found this thread, but the links don't work.

Useful for info though.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1274894.html

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

Link to post
Share on other sites

Also see

DLC/Hillesden - assignment? - The Consumer Forums

 

p.s links to cases do not work

-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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