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    • I have known some just take their commision direct from the account......as long as they are only invoicing you thats fine...ignore their invoices.
    • Weak and very unlikely to be successful...... Edit to suit......     IN THE ******* county court Claim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment 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. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago. 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].  6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case. 7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.  Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]  
    • Thread title amended   You didn't provide details of your bank account did you when you signed up with this lot ?   Andy
    • Ah yes, I was using a few different examples from overdrafts to loans. Will change those to the correct legislation! Thanks! Is there anything else that would be useful to include? Is it just me, or does this seem quite weak and unlikely to be successful?? 
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I have a loan with PDE which started at 645 but it now up to 870, I want to reduce how much I owe to them threw negotiating, could anyone give me advice on how to deal with PDE?

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Can you give as much info on your issue as possible. Loan amount, interest, any charges, dates etc. The more info the better.


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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I had a DRO until late last year as I currently have several debts, the debt amount is £863, the original loan amount was £645(500 + 145 interest.) I tried to contact them several times with no reply then when they finally replied they had added more interest. I do not have a breakdown of the loan although I could request this if needed.

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I need help on where to go from here, should I cut my losses and pay back the £869 or?

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Hi,

 

I hope I can offer some constructive advice on this for you.

 

First of all you need to work out how much you can realistically afford to repay if this is your intention. I owed a similar amount to yourself and wrote (via email) to paydayexpress customer services and collections (email addresses are on the site) advising I was unable to repay the full amount on the due date owing to a change in personal circumstances and that I requested the removal of the CPA from my account.

 

I proposed to repay £100 a month on an outstanding amount of £700.

 

You will have to speak with the advisors at PDE over the phone at the time the date is due for your payment - my advice would be to withdraw all funds you have in the account you intend to make the payments from as they will more than likely attempt to take the payments on your due date.

 

Speak with them - in all honesty if you are reasonable with them and are making a proposal to repay your debt then they will work with you. You can request to have the interest frozen which will generally be met - again if you show integrity.

 

The key part of the advice is to request what they agree with you in writing, whether that be via email or in the post.

 

If you need a copy of the letter to send to them to make the request I can post this in here for you.

 

I know these things can be a massive worry when you've got into a fix but as long as you communicate with them, they will show compassion with your situation. Good luck and please feel free to ask any further questions you may need answers to.

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Very very strange advice there.

 

Never speak to a PDL by phone unless you record the call. Especially with PDE.

 

You write to them with your repayment plan and provide a basic budget summary. If they refuse to accept, then thats their problem. If you have their bank details, set up a standing order and pay them that way. If you don't, and they wont supply them, then you can use the postal order method to FORCE them to accept payment.


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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Very very strange advice there.

 

Never speak to a PDL by phone unless you record the call. Especially with PDE.

 

You write to them with your repayment plan and provide a basic budget summary. If they refuse to accept, then thats their problem. If you have their bank details, set up a standing order and pay them that way. If you don't, and they wont supply them, then you can use the postal order method to FORCE them to accept payment.

 

If you read the top of my response I did advise mailing with what you mention in your post and also to cancel the CPA - not quite sure what you find strange about that advice.

 

I'm drawing on personal and successful experience of working with PDE nothing more - apologies if that appears strange to you :)

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If you read the top of my response I did advise mailing with what you mention in your post and also to cancel the CPA - not quite sure what you find strange about that advice.

 

I'm drawing on personal and successful experience of working with PDE nothing more - apologies if that appears strange to you :)

 

Hi and welcome.

 

Unfortunately we get posts from 'sources' that are not quite right which means when we get a post like yours advocating ringing a company, we get suspicious. This may have worked for you but for the majority of people on here have had bad experiences when calling which is why we advocate 'in writing only' as this covers everyone.

 

Unless you record a call, no one can say what was (or not) said.

 

I know you said email but then you said phone which raised our eyes and ears.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi and welcome.

 

Unfortunately we get posts from 'sources' that are not quite right which means when we get a post like yours advocating ringing a company, we get suspicious. This may have worked for you but for the majority of people on here have had bad experiences when calling which is why we advocate 'in writing only' as this covers everyone.

 

Unless you record a call, no one can say what was (or not) said.

 

I know you said email but then you said phone which raised our eyes and ears.

 

Thanks for the response and I completely agree with the sentiments that getting everything in writing and indeed putting everything in writing is the way to handle these matters.

 

I must admit I did read quite a lot of the forum posts prior to making my own agreement with PDE and the way I approached it has been slightly different to the advice uniformly given.

 

I should perhaps have added from my own experience that the first couple of times I spoke with PDE I didn't receive a confirmation of the agreement back in writing and then decided to only contact them via email going forwards from that point.

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Everyone has their own way of handling a situation, but you need to remember that CAG is an advice forum. People who dont register can read the advice, and if we give out advice that causes a Creditor or DCA to take legal action, then we need to give advice that helps a person deal with that.

 

Things such as telephoning a creditor when there are no recorded calls or confirmation, and the operator threatening and bullying the debtor into making payments there and then. The operator then takes the payment details and proceeds to strip the persons account. We've seen that hundreds, if not thousands of times. Thats why we always say Standing order and get everything in writing. If they refuse then you know somethings not right.


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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I will admit that in my early days i did used to telephone people but i soon learnt.

Please keep it in writing

Sometimes if important i use signed for and print out copies of signatures. Sometimes just proof of posting and sometimes emails.


Any opinion I give is from personal experience .

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