Jump to content


  • Tweets

  • Posts

    • 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...    
    • A shortage of drivers has disrupted supply chains and fuel deliveries, with vehicles queuing for petrol.View the full article
    • Hannah Peel wore a sustainable dress to the Mercury Awards - but is the fashion industry changing?View the full article
    • 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
  • Recommended Topics

  • Our picks

  • Recommended Topics

Pro bono legal advice & representation


silverlight
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2878 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Having a chat with an old friend last night and I was talking to him about this website. During that conversation a question arose which had me completely lost as I believed that if you were of low means, legal aid was available.

However he informed me that that isn't entirely true. It seems that he is in an awful pickle of not being able to fund specialist legal advice and that legal aid is no longer available.

 

I find this hard to believe but he may be right, I don't know.

 

His problems are of a very complex nature regarding various benefits that he is and has claimed for in the past. There is no criminality involved, he simply does not understand the technical issues involved as well as having to prepare and submit two written submissions to the MOJ (Tribunal Service).

 

If he is right, how on earth does he obtain good quality free legal advice and representation?

 

He has tried all of the usual outlets, CAB, DIAL etc, but all have said that it is far too complicated for their volunteer staff to deal with - he needs a specialist solicitor. He has also contacted the Legal Aid Commission and was given a few names of solicitors but none of them will consider it Pro Bono.

 

He lives in the South East area of England.

Link to post
Share on other sites

Whereabouts south east? To advise of a place we'd need more detail to location - these types of places generally cover a specific area/county.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites

Hello there.

 

Is there a Community Law centre where your friend is? I've seen them mentioned for pro bono advice, also local law colleges/universities.

 

My best, HB

 

Many thanks. I spent all of yesterday searching but alas, no such centre exists. However I did find, via the County Council that they have a 'Welfare Rights Officer' but unfortunately that service is only available for those persons that are under the care of their Social Workers.

 

I also contacted at your suggestion, the local university who in fact do run a 'law clinic' but they are swamped with work already.

 

It does appear that the impoverished of this country no longer have access to quality legal advice via a means tested application.

But thanks for your help.

Link to post
Share on other sites

Whereabouts south east? To advise of a place we'd need more detail to location - these types of places generally cover a specific area/county.

 

Many thanks. The area in question is the 'Romney Marsh' in South East Kent. Quite a large area that stretches to East Sussex in the west to the towns of Ashford and Folkestone in the north and east respectively.

Link to post
Share on other sites

Try this site:

 

 

Many thanks.

Great link thanks, but there is no such centre in the South East, plenty in London and in the North of England.

 

I eventually found a site through that link called 'Advice Now' which suggests that because of the cuts to Legal Aid, most people will now have to go it alone with help maybe from friends and/or family.

 

I think I have now scraped the bottom of the barrel and have to accept that there is no longer any help in this area, that is unless you have the funds to pay for a solicitor.

 

To say the least I am ashamed that I am living in a country that is nearer to the 1950's than it is to the 21st century and thankful that my working life has come to an end.

 

Thankyou to everyone that has helped

Link to post
Share on other sites

There are experienced benefits advisers on this site and we're happy to help where we can. If you give us some details of the issues, maybe we can help your friend.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites

Does he have legal cover included in his house insurance? if so, might be worth giving them a call to see if they can provide a solicitor for him

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Another member of the site team has found a couple of sites that could be helpful in some cases.

 

HB

 

Many thanks HoneyB.

 

The links are excellent but as I have already discovered, Legal Aid is not available for any welfare advice or legal representation/submission preparation below the level of the Court of Appeal, the Supreme Court or the Upper Tribunal.

 

But thanks for your efforts.

 

I will telephone my friend this morning and ask him if it alright for me to go into his problems in more depth on here.

Link to post
Share on other sites

Does he have legal cover included in his house insurance? if so, might be worth giving them a call to see if they can provide a solicitor for him

 

Hello, yes that was an idea I had and we checked it out. Unfortunately the cover is very limited only to what I would call compensation claims, personal liability issues and contract law.

Link to post
Share on other sites

The facts as I have been told them.

 

My friend has always been in receipt of DLA since the early90’s. His normal rates were always ‘High Mobility, Middle Care’. In 2005 he was invited to make a renewal of his claim which he did. A doctor appointed by the state came to see him and carried out a medical in his home. Three days after this home medical he was admitted into hospital. At the time it was not expected that he would survive and spent the next 5 weeks in the High Dependency/CriticalCare Units. Slowly he recovered enough to be transferred to a side ward where he remained for the next 4 months.

 

Throughout the following 6 years he was admitted back into hospital for a few days at a time for his health to be stabilised. The times that he was not in hospital he spent in bed at home being cared for by his wife and children.

 

It was not until early 2011 that he was in any way fit enough to deal with his financial affairs. He first of all decided to ask for a review of his DLA award. He contacted the DWP who told him that he didn’t have a current award and hadn’t had one since 2005. He obtained a copy of his DLA files from the DWP and at that point realised that the renewal in 2005 had been turned down. He and his wife were adamant that they had not been told of this even though that there was a copy letter in the files sent to him in mid-2005 advising him of this.

 

He made a ‘new’ claim for DLA in 2011 and was awarded ‘HighMobility, Middle Care’ from the 16th June 2011. He then submitted a considerable amount of medical evidence dating from 2004 to 2011 to the DWP with a request that the 2005 decision is looked at again. This they did and in November 2011 he received a letter from the DWP stating the decision dated 2005 was to be changed and that an award from 2005 was made for ‘High Mobility,Middle Care’ – indefinitely.

 

Unfortunately the DWP refused to pay him any of this backdated award. They explained that as no appeal had been lodged against the2005, that decision could not be overturned but could only be superseded on the basis of new evidence that was not previously submitted.

 

This is where my friend is up to. How does he get the DWP to pay this backdated award which they have agreed is due, but not payable? He is far too late to submit an appeal against the 2005 decision. What grounds does he have when making an application to the Tribunal when he can show that he was in hospital for most of 2005 and between 2005 and 2011 he was both physically and mentally unable to deal with his affairs?

 

I would add that his wife and family have never involved themselves in the financial matters of husband/father - they wouldn’t have known that there was a problem.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...