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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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JD Williams/Fashion World/Brilliant Gift Shop


babybear1985
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Hi there

 

I have three accounts with the named catalogues in the title. They are pretty much all the same company. I am currently paying £11.00 every 28 days on each account and the accounts are being controlled by a company called Reliable Collections who ive figured out are just their in house collections.

 

I did send a CCA to be sent a letter back stating they had no legal obligation to supply me with a signed copy of my credit agreement but did enclose a "reconstituted True Copy" of my credit agreement along with the current terms and conditions to which i apparently agreed.

 

So what happens from here? as stated I am currently paying them £11.00 a month however think I would like to go ahead with reclaiming charges as these would pretty much clear the balances of the accounts if not more...

 

Any advice on what to do next? options available.

 

xxxxx

:-) 19/01/2011 Reclaimed £313.93 Capital One Credit Card Charges

:razz: 23/03/2011 Reclaimed £140.00 Studio Catalogue Charges

8-) 30/03/2011 Reclaimed £84.00 Fashion World Charges

:-) 30/03/2011 Reclaimed £132.00 Brilliant Gift Shop Charges

:razz: 04/04/2011 Reclaimed £180.00 JD Williams Charges

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Hi,

If you have all the statements showing the charges then you can send them a letter of reclaim.

 

If you haven't all the statements, a SAR will bring them for you

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Brilliant, thank you very much I will get on to that and send SAR xxx

:-) 19/01/2011 Reclaimed £313.93 Capital One Credit Card Charges

:razz: 23/03/2011 Reclaimed £140.00 Studio Catalogue Charges

8-) 30/03/2011 Reclaimed £84.00 Fashion World Charges

:-) 30/03/2011 Reclaimed £132.00 Brilliant Gift Shop Charges

:razz: 04/04/2011 Reclaimed £180.00 JD Williams Charges

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Hi, ive got the information regarding charges and interest etc for these catalogues. I was just woondering if anybody know what kind of letter I should send them to reclaim these charges and how i work out what to claim back??xxxxx

:-) 19/01/2011 Reclaimed £313.93 Capital One Credit Card Charges

:razz: 23/03/2011 Reclaimed £140.00 Studio Catalogue Charges

8-) 30/03/2011 Reclaimed £84.00 Fashion World Charges

:-) 30/03/2011 Reclaimed £132.00 Brilliant Gift Shop Charges

:razz: 04/04/2011 Reclaimed £180.00 JD Williams Charges

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lovely thanks very much....how do i know how much interest i feel i have been charged wrongly? if that makes sense....?lolx

:-) 19/01/2011 Reclaimed £313.93 Capital One Credit Card Charges

:razz: 23/03/2011 Reclaimed £140.00 Studio Catalogue Charges

8-) 30/03/2011 Reclaimed £84.00 Fashion World Charges

:-) 30/03/2011 Reclaimed £132.00 Brilliant Gift Shop Charges

:razz: 04/04/2011 Reclaimed £180.00 JD Williams Charges

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  • 2 weeks later...

Anybody know if I am able to request interest to be refunded for catalogues as well as the late payment fees etc etc and if so how much? or am i better off just going for the late payment/service fees?xxxx

:-) 19/01/2011 Reclaimed £313.93 Capital One Credit Card Charges

:razz: 23/03/2011 Reclaimed £140.00 Studio Catalogue Charges

8-) 30/03/2011 Reclaimed £84.00 Fashion World Charges

:-) 30/03/2011 Reclaimed £132.00 Brilliant Gift Shop Charges

:razz: 04/04/2011 Reclaimed £180.00 JD Williams Charges

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Hi

If you are meaning interest on your purchases then no. You can add interest (at the rate they were charging) for any charge you have paid

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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hi there, I recieved letters today regarding two of these accounts. I will type what the letters said and would be most grateful if anybody could advise what I do next with regards to claming back the charges. The letter said.....

 

"In their statement of April 2008, The Office of Fair Trading (OFT) set out their views on the general principles that credit card providers should apply when caluclating the charges that they make when a customer fails to make payment on time under a credit card agreement. The OFT did say that banks and other finance businesses should consider those principles when setting similar default charges for other types of finanancial products.

 

However in setting the £12.00 threshold figure for defualt charges in relation to credit cards, the OFT said that this was an interim measure to move the credit industry towards compliance. The OFT did not say that the £12.00 threshold was applicable to other types of consumer agreement and have not set a threshold sum or maximum figure for default charges under other types of agreement, sich as the one we have with you.

 

Whilst we recognise that the OFT has power to seek court orders in relation to unfair terms, the OFT statement does not recognise that only a court can decide whether a term is fair or not and that it is open to financial institutions to seek to justify a level od default charge above the current OFT guideline. We also believe a court would determine whether a charge was fair or not on the individual facts of the case.

 

In the circumstances we are not prepared to make a refund of charges. I am sure you will appreciate that when you fail to pay the money that you owe us when it is due we incur costs and expenses as a result. We continue to be of the view that charges we made in your case were justifiable and not a penalty. In addition the level of charges applied to your account are in accordance with the OFT guidance given in relation to credit cards"

 

Okay , also to point out that these people cannot provide me with a true copy of my credit agreement......what do i write back to them.....

 

Im 34 weeks pregnant and any help would be most sppreciated becuase I just dont have a clue where to go with this now :-) xxxx

:-) 19/01/2011 Reclaimed £313.93 Capital One Credit Card Charges

:razz: 23/03/2011 Reclaimed £140.00 Studio Catalogue Charges

8-) 30/03/2011 Reclaimed £84.00 Fashion World Charges

:-) 30/03/2011 Reclaimed £132.00 Brilliant Gift Shop Charges

:razz: 04/04/2011 Reclaimed £180.00 JD Williams Charges

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Hi,

That letter is a standard attempt to confuse you.

 

Your next steps are to send a Letter Before Action threatening court action and if they still refuse, to serve court papers on them.

DO NOT threaten them if you are not prepared to follow this through.

 

If they are the same as other companies, they give in once papers are served

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 2 weeks later...

Great news is that Fashion World and The Brillianr Gift Shop have both refunded charges after I wrote to them again threatening legal action! Result!!!

 

Still waiting on JD Williams as had no reply off them whatsoever so sent a letter before action to them.

 

Still not recieved any CCA's but thats a whole other ball game i guess. xx

:-) 19/01/2011 Reclaimed £313.93 Capital One Credit Card Charges

:razz: 23/03/2011 Reclaimed £140.00 Studio Catalogue Charges

8-) 30/03/2011 Reclaimed £84.00 Fashion World Charges

:-) 30/03/2011 Reclaimed £132.00 Brilliant Gift Shop Charges

:razz: 04/04/2011 Reclaimed £180.00 JD Williams Charges

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The power of the written word. Well done :whoo:

 

Hope JD play ball as well but if they don't.......

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I know, the amounts I owe are not much compared to other people but it really has made such a difference to me, especially me being 35 weeks pregnant, ive reclaimed about £700.00 so far and im not stopping there!!!

 

:-) xxx

:-) 19/01/2011 Reclaimed £313.93 Capital One Credit Card Charges

:razz: 23/03/2011 Reclaimed £140.00 Studio Catalogue Charges

8-) 30/03/2011 Reclaimed £84.00 Fashion World Charges

:-) 30/03/2011 Reclaimed £132.00 Brilliant Gift Shop Charges

:razz: 04/04/2011 Reclaimed £180.00 JD Williams Charges

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Whoo Hoo!!! JD Williams have refunded charges of £180.00 taking my balance to a simple £17.00!!! Take faith in my success boys and girls, it can be done xxx

:-) 19/01/2011 Reclaimed £313.93 Capital One Credit Card Charges

:razz: 23/03/2011 Reclaimed £140.00 Studio Catalogue Charges

8-) 30/03/2011 Reclaimed £84.00 Fashion World Charges

:-) 30/03/2011 Reclaimed £132.00 Brilliant Gift Shop Charges

:razz: 04/04/2011 Reclaimed £180.00 JD Williams Charges

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Share on other sites

Good for you. I knew they would cave eventually. It was just a matter of who blinked first-and it wasn't you :-)

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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