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    • Hi DX   I have amended the WS and I hope i have taken out the meaningless gibberish.    Thanks, Roland    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF      INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There is an Agreement and 2 sets of Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. The agreement in the JK1 exhibit on page 2 shows an agreement with my name, address and a date but no Account Number or Reference Number as the same was not mentioned in the Claimant’s Particulars Of Claim, which was addressed in my Defence Para 1, ‘the particulars of claim are vague and generic…’.    3. The Claimant’s Witness Statement does not state how the agreement was made, via telephone, post or electronically.   4. There are 2 sets of Terms & Conditions Pages 4-10 which does not show my name and address as per the Consumer Credit Act 1974 Request.    5. Pages 1-10 can easily be downloaded from various internet forums and image sites and have my details inserted with any picture manipulation software.   6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974. 8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.  9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.     I believe that the facts stated in this Witness Statement are true.    Signed:  Dated: 
    • Thanks ericsbrother, I'll get on to it.  It appears that they had taken on the contract that very morning, so I'm one of their very lucky first victims. Waaaay 
    • Yep I sent a copy to them also. Just send strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂 Will arrange a date ASAP!    Thank you again
    • @BearLake1   I have a similar PCN from the same place. I've just received 'Letter Before Claim' today. I wonder if you are able to share your reply to CVS? Did you send your reply by email or mail?   Thanks!
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'I cut Mum's care home fees by £15,000 a year'

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A Telegraph reader challenged her mother's care home

and it agreed to cut its fees by £289 per week.


Here is how you can do the same


'I cut Mum's care home fees by £15,000 a year'


A Telegraph reader challenged her mother's care home and it agreed to cut its fees by £289 per week.


Here is how you can do the same.


Susan Stressing questioned her mother's bills after seeing our earlier report

If you challenge the costs of a care home you may just land yourself

– or the family member who is paying

– a substantial discount.


That is what happened to Susan Stressing,

who, having read a report in The Telegraph in January,

decided to make inquiries about the care home bill she was paying for her mother, Kathleen Willett.


Mrs Willett’s bill has now been reduced by £289 a week. That equates to a saving of more than £15,000 a year.


The case emerges as the cost of care homes continues to rise steeply, and as criticism grows of the Government’s plans to reform care funding.


Legislation to introduce a “lifetime care fees cap”, which would limit care costs paid by any individual to £72,000, is going through Parliament now.


It is supposed to become effective next year.


The cap excludes accommodation and other costs, and so could still see people paying well over the proposed £72,000 limit.


The case also highlights a problem that The Telegraph has previously covered:

the tendency of care home providers to pass on regular, sometimes dramatic, increases in costs,

without necessarily detailing how the increases arise or explaining precisely what services are being provided.


More: http://www.telegraph.co.uk/finance/personalfinance/10757680/I-cut-Mums-care-home-fees-by-15000-a-year.html

Some useful links.


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Witness Statements for Court Bundle

Banking Code Website

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