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    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   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 purchase’s 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.   3. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. 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.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with 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 claimant.   Arbitration confirmed that the claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
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thevoice111

credit card debt - court summons from 1st credit? - help - SCOTLAND

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i have a credit card debt with lloyds that has been bought over by first credit (finance) 3 ltd who are now taking me to court the card was taken out before 2007 and i live in scotland any help would be appreciatted ty

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how do you know they are taking you to court

got an N1 claim form?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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hello dx i have been sent a court summons unsure what n1 claim form is sorry

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the first step for court is a claim form.........

 

what number form have you got then?

 

is it stamped by the court?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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A Claim form is a Notice from the court.

 

It should have the claim number - top right hand corner

 

Your name and address. The claimants Name and address - details of the acting solicitor.

 

It should detail why the claim has been issued against you.

 

In order to assist we would need a lot more information than you have given.

 

We also need to know the date of issue - which you will find at the top right hand corner of the Claim form, in order for you to know what time line you have to adhere to.

 

You say you want help.. what do you want to do? Do you want to admit the claim, do you want to defend it.

 

What reason would you have to defend -

 

When did 1st credit first contact you regarding the take over of the account, did they contact you previously.

 

What was the status of the account when it left the hands of LTSB


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This will be from the Sherriff Court surely not the County Court?

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hi dx ty for reply there is no official court stamp on letter i think it may have been sent by 1st credits solicitors though it does have a court ref no on it

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hello gaston yes its got glasgow sherrif court references on it

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oh he did say scotland

the summons....

is it number 2 in this link?

 

http://www.scotcourts.gov.uk/sheriff/small_claims/forms.asp

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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as you can see its quite easy for anyone

to get one an send one off as a spoof..

 

 

not that i'd even begin to suggest 1st crpit would do this of course

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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have you any outstanding debs with 1st credits nme against them

on your CRA file?

 

see below

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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hello citizen b ty for your input it says its a time to pay direction that should be sent back to sherriff court within 21 days of 25th april 2012

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will check that just now ty

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hello citizen b ty for your input it says its a time to pay direction that should be sent back to sherriff court within 21 days of 25th april 2012

 

yep that tallies with what i am reading......

 

so you didn't know the debt has already been to court?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hello there, you need to return the time to pay direction form back within the time scales, this will allow you to try and get an arrangement where you pay the debt in instalments. Whilst you stick to the instalments it should prevent the creditor from being able to take further action via the courts, this is called dilligence.

 

As an aside, do you have other debts, if so how much do you owe in total?

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so you didn't know the debt has already been to court?

 

 

They will first know about the action when the Summons is sent to them.


 
 

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i sent a letter to first saying the debt was time barred they sent me back a letter telling me it wasnt can i ask them to show me the original credit card agreement and i think i may be 2 late to reply to court summons

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They will first know about the action when the Summons is sent to them.

 

ta

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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If you believe it to be Time Barred you should consider raising a defence to the claim. Depending on the level of the claim there are different processes in the Scottish system, you can find out about the basics here:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=05_what_happens_when_a_creditor_takes_court_action_against_you

 

If there has been a 5 year gap without payments before the claim was brought then you could well have a debt which is legally 'extinguished', so a defence would be possible - as there is not longer legally a debt for them to bring action against.

 

Raising a defence in Scotland isn't straight forward but there are organisations that might be able to help. Scotland has a good network of 'money advisers' who can help you at no cost.

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i sent a letter to first saying the debt was time barred they sent me back a letter telling me it wasnt can i ask them to show me the original credit card agreement and i think i may be 2 late to reply to court summons

 

what evidence did you have it was time barred [5yrs in scotland]

 

does this debt show on your cra file? another good pointer.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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the total debt is for 6150.00 plus 345.30 legal expenses

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Was there a clear 5 year gap at some point where you made no payments and did not acknowledge liability in writing to them?

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yes it must be on my credit file as i havent been able to get credit for a long time

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they sent me back credit card statments last payment was on 10th september 2007

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