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    • Apologies, misunderstanding on my part. I was thinking of a shop called Cotswold. Please ignore me.   HB
    • 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……………………………
    • time for an sar first make sure you read all the posts in the sar link too.   dx  
    • its a car park at the side of a lake   simplest thing to do is ignore them until or unless you get a letter of claim.   then comeback here.   i will gather you didn't buy a ticket at all?   dx  
    • Hi HoneyBee13,   Thank you for your time - The nearest cornerstop is about a mile away in South Cerney village.   Kal
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floricita

Help with Wonga communication please

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Hi the follwing is starting to stress me out and cause me huge and uneccesary worry. If someone could help out that would be great.

 

I entered into a repayment plan with wonga 2 months ago now. Method that I pay by bank transfer. I have made good on every payment.

 

HOWEVER, every month I get threatening emails from them saying that I haven't paid them and that from tonight they will attempt to take out £800 out of my account and add back interest.

 

Now when I phone them they are telling me that this is an automated response which has been issued because their systems are only set up to acknwoledge or not, repayments taken from plans where wonga takes the money and not vis versa. So because Wonga has not got the money from this method, computer says no, sends me a threatening email or two, then this ceases after two days which is how long they say it takes for the other method to get recognised on their system.

 

The options the manager gave me was to ignore it or I can stop all communications with them. But this would mean I wouldn't get notified if they didn't recieve a payment or anything else.

 

I said that they have certain collection rules to abide by, i.e. not to threaten people, especially thiose who are in financial hardship, in a repayment plan and paying it back.

 

And ignoring it, well I could do but I can never be 100% sure every month that payment has been recieved and that they won't try and take money out of my account (I have stopped CPAs already but they can probably find another way!)

 

What can I do about this?

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And am I being unreasonable about this? They seemed to think I was.

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Floricita.

Just a suggestion,if it takes 2 days to get recognised by their system,would it be possible for you to make an earlier payment.

I had more or less the same problem as you are having last year.To rectify this,I made the payment several days earlier,when possible.I also took a photo of the payment slip,then sent Wonga a copy of the photo as an email attachment,with my name and account details.But even then,things came adrift,after sending me a email regarding non payment,an email would come the following day thanking me for the payment.

Even then,they could not find one of the payments,but that was eventually rectified.

 

Regards,John.

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I can't change my payment date as that is payday. I guess they would have to change it at their end.

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Do they have an online billing system you can log into, if so you can switch off the updates and just log in each month.

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My experiences with these types of companies are that they cannot be trusted in anway shape of form.

 

Anything which requires me to input my details I won't do.

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I'll just have to ride with it if they are not in the wrong about this. I have cancelled CPAs and DD so if they do do it I will have to get it reversed like I have done before. But that takes a while whilst in transit and is a pain

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IF the bank has allowed transactions to occur, you must get formal complaints in as they are in breach of regulation. The transactions shouldnt even be able to be started if the CPA's and DD's have been cancelled.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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With the DDs they reckon they cannot block at source they can only reverse. CPAs have been blocked now.

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Of course the bank can block DD's. If they allow it, then simply invoke the DD guarantee for an immediate chargeback. If they couldnt cancel DD's or block them, then they would be closed down as it would be insanely easy to commit fraud/money laundering etc.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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