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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 and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount.   (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) The documents that were finally received do not meet the criteria set out in section 61 B of the CCA 1974   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...    
    • 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
    • I will need to find the original two letters. It wasn’t that long ago so they can’t have gone far 🙄   but nobody remembers this pcn which makes me wonder about the date. I will check. 
    • Electricians generally do a good job and we all need them from time to time.  However, none of us would employ an electrician to change a light bulb, we'd do it ourselves.   The small claims courts is designed to be informal and to discourage the use of solicitors.   What we can't understand is why you are paying a solicitor huge sums to do things you could easily do yourself.
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Hi,

 

I got a loan last year with CFO and was unexpectedly made redundant a month later.

 

I went with a debt management company as I was getting no where trying to stop the interest and arranging a repayment plan.

 

I have been doing this since last August and everything has gone well.

 

Until last Thursday CFO took £300 out of my other bank account as a card payment.

 

I have never ever given them my card details or account details.

 

I am also not sure if it is for my loan or someone elses.

 

I am wondering what my rights are here as I have never ever given them permission to use my TSB account.

 

The one I used with them was Natwest.

 

Also what should I do?

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We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companie

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

 

banks MUST follow written intructions from their customers !

This fsa guide has now been updated:

 

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

 

Here's the text:

 

Cancelling a regular

card payment:

 

When you give your credit or debit card details to a company and authorise them to take regular payments from your account,

such as for a gym membership or magazine subscription,

it is known as a ‘recurring transaction’ or ‘continuous payment authority’.

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

In most cases, regular payments can be cancelled by telling the company taking the payments.

.

However,

you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.

Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.

Be aware, though, that you will still be responsible for paying any money that you owe.

.

see: http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp

.

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi,

 

Cheers for the response.

 

The problem is I have never ever given capital finance these bank details

I don't know where they got them from.

 

I only used my natwest details with them.

 

So they have gone into my account without my consent.

 

I made sure no pay day people had my new bank card

and have never given the tsb account details to cfo.

 

Surely if I have never given them my tsb bank account

and card details they have no authority to use them.

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you've given them to some PDL company or loan website

or more prob, the fee paying DMP company.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have you given your new bank details to ANY payday loan company.

 

CFO have been spoofing people recently with a "new product" called CFO resolve. They say they'll give you cash today and add your old debt to it... Simply to get hold of your new card and bank details.

 

You need to report this transaction to your banks fraud team. Tell them it was an unauthorised transaction and you want a chargeback. Report it to the police also if need be

It never rains but it pours...

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Yeah i'm going to do that just wanted to make sure I was within my rights to do that.

 

So if I talk to the fraud team and get my money back as I never gave my details to cfo lending that would be ok.

 

Its disgusting that they can get your details from anywhere and just use them without your permission. Its scary.

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Very scary!

 

If you'd had an association with CFO via your bank they'd try and tell you that you can't do anything about it.

 

Yes, contact your bank ASAP (if not sooner) and tell them you wish to report a fraudulent transaction on your account. Demand a chargeback. They may well try and fob you off with "you need to wait 14 days", tell them No, not 14 days, NOW! Keep going up the chain, supervisor, team leader, manager etc.

 

Let us know how you get on

It never rains but it pours...

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  • 1 month later...

I'm sorry if I'm hijacking this thread

- I don't mean to but just to add to the OPs complaint about them obtaining details not given to them... They did the same to me!

 

They swiped almost £300 from my new bank account 2 days before Christmas, even though I had a payment plan in place with them via a DMC.

 

When I confronted them about it, they told me that I had reapplied for finance with them and therefore gave them my new card details and permission to use them.

 

I can say that at no time after taking out my original PDL with them, did I apply for finance with them or with any other PDL.

 

I asked them to give me the exact dates and times to which I applied and they couldn't.

 

I was fortunate enough to get my money back via a chargeback but I have never been able to find out how or when they got my new details!

 

Hope you get your money back!!!

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And.... scarily enough, the account details they originally had were with Natwest and the new details they got, from god knows where, were Lloyds TSB.

 

I am convinced they somehow got my details from my DMC although the DMC strongly deny that that could've happened!

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I really do hope that not a fee paying DMC?

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I really do hope that not a fee paying DMC?

 

dx

 

:-( Unfortunately it was...

 

I have seen the light now though (after that issue anyway! There've been other issues where contact details have been passed on and the only people to have those details are the DMC etc etc) and am now in a self managed DMP!

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most fees paying DMC's are intertwined with the creditors

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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