DCA with default CCJ

[citizenB]

You will be a ... Litigant in Person...

 

not a litigator in person

[Learnerlitigator]

You will be a ... Litigant in Person...

 

 

not a litigator in person

 

Hehehe, Thanks, so I will. At least I know the pdf is showing now.

[citizenB]

x

 

Statement of Truth

 

I believe the facts stated in this Witness Statement are true

 

signature

 

Dated

 

This is how you make a statement of truth.

 

Here are some guidance notes for Witness statements.

 

Guidance Notes on Witness Statements.pdf

[Learnerlitigator]

Thanks CitizenB, looks like I better rewrite it, too many "The defendant believes" when he doesn't "know for a fact" I guess it's accusatory rather than factual.

[Learnerlitigator]

I'm stuck!! I need to put reasons as to why I might be allowed to defend if set-aside. Can I entitle it differently than "statement" I don't know any of it is true for sure other than I did not get ANY of the pre-action bumpf or the claim pack. That in itself does not demonstrate a defense. I'm not in a position to file a defense proper as yet. Perhaps "position statement"?

Edited September 25, 2012 by Learnerlitigator

[Learnerlitigator]

I've reworked the statement and post here.

[lookinforinfo]

I don't see how you can defend until you know more about the debt.

 

The only drawback would be if there was a debt that was yours and everything was correctly done other than contacting you prior

to the Court case to give you a chance to pay it off.

 

However that would seem unlikely in light of the fact that they did not claim the full debt.

[Learnerlitigator]

I don't see how you can defend until you know more about the debt.

 

I know but that's the situation I am in presently. I can't actually defend but have to show that I could defend successfully. If I just say I didn't get the claim pack the court can just refuse the application. It's this discretion business I guess it's a DJ lottery, at least if I have shown some effort and raised valid concerns I've got some chance. (maybe) There isn't very much material or advice on the process of successful set-asides. I really need solid advice as to whether I've done as much as I can. Otherwise I'll have to send it as it is and hope for the best .

[Learnerlitigator]

Oh well, can't find any more info on set asides, guess i'll go with what I have.

[Learnerlitigator]

Have emailed the Court for advice and will share the reply if i get one.

 

I could still use an expert view of the content my .PDF (post 106) if possible please

[BRIGADIER2JCS]

I've reworked the statement and post here.

 

Looks fine, but change assignation to ASSIGNMENT, assignation has an entirely different meaning:madgrin:

[Learnerlitigator]

Thanks Brigadier, I take your point although I think DCAs have lots of "assignations"

 

Thanks for the read I was getting panicky.

 

nemo tenere prodere seipsum:razz:

Edited September 26, 2012 by Learnerlitigator

[Old Cogger]

List of Latin phrases (N) - Wikipedia, the free encyclopedia

 

 

 

... to be used against himself (this is true in Roman law and has survived in modern criminal law, but no longer applies in modern civil law); and nemo tenere prodere seipsum ...

[Learnerlitigator]

Is this still wholly arguable or have they been amended too?

I mention it because often we are told we can not see the assignment proper, or is the deed of assignment detailing the financial arrangement between OC and DCA a different document?

 

Brigadier I can't get the vision of DCA's on assignations cottaging rather than canvassing, am I beyond help?

[BRIGADIER2JCS]

Yes totally different the assignment between bank and debt purchaser is the fianancial sale of the debts.

 

The assingment notice NOA sent by the debt seller to the debtor is the NOA (not the deed/contract of sale.

 

As to your last questions YES (are you George Michael)

[Learnerlitigator]

George who? :lol:

 

Bet there aren't many such notices that conform then, but doubt a judge would care much on that point.

 

196. Regulations respecting notices. (4) Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned [by the postal operator (within the meaning of the Postal Services Act 2000) concerned] undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

 

For the assignment of a debt to be effective and so giving the Claimant a right of action a valid Notice of Assignment must have been sufficiently served on me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of

assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action.

 

Seems only we on the blunt end waste money on recording our mail.

[BRIGADIER2JCS]

That is postulation really, I've never seen it tested.

[Learnerlitigator]

Oh goodie Experian have notified me that CLARITY CREDIT MANAGEMENT have performed a search on my file. Can only be for SB stuff so bring on the mail muppets.

[BRIGADIER2JCS]

Check if it's an unrecorded search or a Debt Collection/Outstanding Debt Search. ur indicates tracing the others that they are certain they have the right person.

[Learnerlitigator]

02/10/2012Trace EnquiryClarity Credit Management

Brigadier

[BRIGADIER2JCS]

So they are still unsure, await the can you confim you are you letter.

[Learnerlitigator]

Got my set-aside hearing for 22 October

[Learnerlitigator]

Well I am shocked and stunned! Crapquest have now defaulted on both my CCA request and DSAR request which they received on September 3rd.

 

Do I now register an official complaint with their complaints department or simply report them to the relevant bodies?

 

I guess I can now tell them to cease and desist processing my data and provide me with evidence that it has been destroyed in the proper manner although I wouldn't trust them to comply.

 

Advise please guys.

[Old Cogger]

ICO complaint on the two counts. go on their site and fill out the form.

[BRIGADIER2JCS]

Well I am shocked and stunned! Crapquest have now defaulted on both my CCA request and DSAR request which they received on September 3rd.

 

Do I now register an official complaint with their complaints department or simply report them to the relevant bodies?

 

I guess I can now tell them to cease and desist processing my data and provide me with evidence that it has been destroyed in the proper manner although I wouldn't trust them to comply.

 

Advise please guys.

DSAR 40days not quite there yet