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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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Hi All,

 

I am looking for help and advice. On December 20th we needed to buy a car suitable for us, our 2 autistic sons and new born baby. I found a car on autotrader, followed a link to a reputable garage and asked my hubby to go and view a Y reg Fiat Multipla. We'd not have much cash, had just bought a complete banger vw sharan off ebay and not been able to trace the seller (he had closed his account) and really needed a car desperately, we are completely reliant to transport the boys around and they do not receive Mobility. We paid 1400 for the car which is around the going rate.

Anyway, my hubby went and viewed the car with a friend and decided it seemed good, the guy at the garage said he would put it through his workshop to do a service on the car and provide a 3 month warranty. The friend noticed the rear head rests were missing but the dealer said no problem he would get us a set after Christmas. As the website was a reputable second hand dealer hubby paid for the car and collected it on December 23rd. Initially it seemed okay, there were a few niggles but nothing I would not expect from a Y reg car - eg wobbly wing mirror! A few days later I noticed the October MOT had a 'missing' advisory notice - I checked online and saw an extensive list - corroding back brake pipes, excessive play on the track rod end etc. At this point though we assumed the work had been done - it seemed fine.

However, a week after getting the car we started to notice problems, the 2 front tyres needed replacing this cost us £120 as they were excessively worn plus tracking taking the cost to £150. We thought it was a bit much but decided it was our fault for not checking properly so paid. Over the following days the steering became very light, it was hard to drive in a straight line so hubby drove it to a local garage, the garage was closed so he came back but on the way the car 'stuck' in 2nd gear. By this point I had e-mailed the 'reputable' dealer who said I did not buy the car from them it was the dealer across the road and they had changed sites - the message was forwarded to the alleged 'real' seller!

Several frustrated hours later I called the guy and left an answer phone message saying I thought he would have been back in touch and could he call me urgently. He did call me but just shouted at me carrying on about the headrests and that he would not get them for me now. I told him I was hanging up and getting advice.

I phoned trading standards up who said they would investigate the issues around who sold the car but that I should continue trying to sort things out with the dealer.

I had the car removed by the breakdown company to the local garage who were open - the dealer was outside the allotted recovery area. I advised the dealer of this as he had told me to contact breakdown company and get them to tell me what was wrong.

The car needed a full gearbox rebuild and gear selector cables, from the moment I told the dealer this he has not answered the phone or any emails. Trading Standards said I should write to the reputable dealer but they have moved since and they say they did not sell us the car.

After 2 weeks I desperately needed the car and paid for the work - just over £500. The mechanic said there was a bolt missing from the steering rack which he replaced and the steering is no longer light. Since the repairs more seems to be going wrong on a daily basis - the car bangs on turning (track rod end? wishbone?) there is a loud squealing noise from the rear drivers side wheel and there is a knocking sound, the onboard computer says the oil level is too high - even though we haven't put oil in it as it had allegedly had a service. I know it is now too late to reject the car but what else can I do - I e-mailed the dealer a couple of weeks ago asking for that if he would help we would take tthe car to be inspected and saying we would take the £650 hit if he got the other repairs done - no reply, he no longer answers his mobile to any number - I have tried off other peoples mobiles. The big issue is I cannot afford to be without a car - my son goes to a special school and can't travel on their transport due to sensory issues - can anyone help???

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Welcome to the site.Its a criminal offence to sell a car in an unroadworthy condition,and although it can be difficult to define,some of the problems that you are writing of do fall under the criteria.

Trading Standards are able to prosecute offenders,but there are timescales and a process that needs to be followed.

First can you say exactly what date you purchased the vehicle ?

How was payment made ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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