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    • Paint is a free programme on any Windows PC. But don't worry, the choice here is not either perfection or nothing. As you say, use your scanner, save the file ... and then use the "choose files" option when you post to CAG to add the file. We can do all the redacting and converting to the correct file type at this end.  The important thing is just to get the info to us. Why not do an experiment this afternoon and see if the above works?  
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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **


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I don't usually post much but,

 

I was there.... and even 3 days later I'm still dazed and in awe of how "Wannabe" conducted herself.... she was simply amazing FACT:jaw:

Motor bikes are very dangerous... :bump2:

 

Think once, Think twice, Think Bike :welcome:

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I'm certainly in need of something a little stronger than a cuppa at the mo! :-)

 

Luckily for us we live in modern times, the draft judgment will be sent out via email within 2 weeks and the hearing to formally hand down judgment is set for 27th July. So it's not all up in the air thankfully :-D

 

It looks like judgement will be formally handed down tomorrow. Understandably WBDFS can't tell us anything about the draft she has received by email.

 

All the best for tomorrow WBDFS.

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Thank you for your patience, I appreciate your understanding that there have been certain things I am unable to speak about publicly.

As it goes, there are still things I am unable to say but I will do what I can to try to explain what has happened.

 

There was a draft judgment but I am entirely unable to say anything about that at all, those there them are the rules I'm afraid :|

Judgment was due to be formally handed down today but it hasn't been. Instead I made an application for a stay of proceedings pending the decision of the Supreme Court in the Harrison case. My application was granted this morning and proceedings are now held until next year when the Supreme Court makes its findings on the Unfair Relationships provisions.

 

I know this is not what you all may have been expecting or hoping but please trust me on this one, it was the right thing to do.

Yes it would have been great to have seen an end to this drama but, in reality it was just not prudent to continue when the rules on Unfair Relationships are all up in the air with no real authority to bind them. There is a very recent Waksman judgment which explains it all very clearly, here's a LINK to it.

 

If I may be so bold to offer the benefit of my experience, I would recommend everybody to take the same action if they already have an ongoing case or are faced with one.

 

In my case the current situation is that there will be further directions given following the Supreme Court decision expected next year. As it stands we are in no different a position than we were before this remit, the original judgment is still set aside and there is no judgment yet on the remit. It all hinges now on what the Supreme Court decides amounts to an Unfair Relationship and whether the facts of my case fall within that ambit.

 

Sorry I can't give you all an ending to this yet....:-(

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I've just read the whole thread bit by bit over days. I see that I posted in this thread over a year ago!

 

Can I just say congratulations for sticking your ground. Too many times the average person is run roughshod over by companies, and I'm pleased to see you on what seems to be the winning straight. (Depending on Supreme Court judgements).

 

I'm not sure I could have kept up the fight like you did over years.

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