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    • Few tweaks as the run order was completely messed up and the main point of your defence (reconstituted agreement) pushed to the bottom of the statement.   I, XXXXXX, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in this claim and further to my set aside application dated 1 November 2022. 1.The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts in person in the opening paragraph. It is my understanding 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. 2.  I understand that the claimant is an Assignee, a buyer of defunct or bad debts, 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. 3. 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. 4.  I became aware of original Judgement following a routine credit check on or around 14th September 2020. 5. The alleged letter of claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address.  I have attached a copy of my tenancy agreement which is marked ‘Appendix 1’ and shows I was residing at a difference address as of 11 December 2018 and was therefore not at the service address at the time the proceedings were served.  I have also attached an email from my solicitors to the Claimants solicitors dated 14 July 2022 which was sent to them requesting that they disclose the trace of evidence they utilised prior to issuing the proceedings against me.  This is marked ‘Appendix 2’. The claimants solicitors did not provide me with these documents. 6. Under The Pre-Action Protocol for Debt Claims 2017 a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior to and including ,The Pre action Protocol letter of claim dated 7 January 2020 and the claim form dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 7. Upon the discovery of the Judgement debt, I made immediate contact with the Court and the Claimant Solicitors, putting them on notice that I was making investigations in relation to the Judgement debt as it was not familiar to me.  I asked them to provide me with a copy of the original loan agreement but this was not provided to me.   The correspondence to the Claimant Solicitor's is attached and marked ‘Appendix 3’ 8. On (insert date) I successfully made application to set a side the judgment. The claim proceeded to allocation, 9. The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2 February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None of these documents were received by the court nor the defendant by that date. (insert date you did receive the documents) I then sent a Data Subject Access Request to Barclays but no agreement was provided. Details the timeline of communication between myself and Barclays are attached and marked ‘Appendix 4’and the copies of correspondence between myself and Barclays are attached and marked ‘Appendix 5’. Remove irrelevant 10.The claimant relies upon and has exhibited a reconstituted version of the alleged agreement. It is again denied that I have ever entered into an agreement with Barclaycard on or around 2000.  It is admitted that I did hold other credit agreements with other creditors and as such should this be a debt that was assigned to Barclaycard from another brand therefore the reconstituted agreement disclosed is invalid being pre April 2007 and not legally enforceable pursuant to HHJ Judge Waksman in Carey v HSBC 2009 EWHC3417.  Details of this are attached and marked ‘Appendix 6’. The original credit agreement must be provided along with any reconstituted version on a modified credit agreement and must contain the names and address of debtor and creditor, agreement number and cancelation clause. 11. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not mislead the court. 12. It is denied I have ever received a default Notice pursuant to sec 87(1) CCA1974.The claimant is put to strict proof to evidence from the original creditors internal document software the trigger of said notice.  13.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. 14. Until such time the claimant can comply and disclose a true executed copy of the original assigned 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. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Signed                 ………………………………………………….. Name                  XXXX Date                     30 April 2024   Run 3 copies Court /Claimants Sol/File
    • As one of you mentioned above I've been in a mess for nearly 20 years now and I'm ready to sort my credit report out now - the main reason I got into second round of debt is my kids being unwell and the state considering them not unwell enough for extra help so despite my son being in hospital for 3 months in one year we got extra zero help and I eventually lost my job and got into debt to just so I can be تا my sons hospital bed at his time of need - my life basically fell apart and all these debts got me again 
    • Gosh mate I've woke up this morning with half the worry I had last night when going to sleep!.  I can't believe how much this forum has helped me over the years and I don't  have the words to explain the gratitude I feel towards you guys -  Now that I've slept on it I feel ready to reject this company and my plan is to make them an offer to accept payments to date as full and final settlement - I will I think write them a letter once my review is completed or maybe just send it now whilst they are reviewing explaining my kids are unwell for which reason I'm struggling to survive and if I can politely request for them to accept payment to date as a full and final - I'll mention I don't have any cash or anyone to borrow from to offer a full or even part amount of the remaining balance of the iva and therfore am unable to make a offer of payment.   If they agree to at least even put my offer to the creditors then I feel it's better I hang in there and that way I won't have to deal with any possibilities of more defaults and ccjs    Right now the only adverse effects on my credit report are the iva that is now 3 years old and 2 Ccj one coming of this July and one thus October.    But I am worried new action will begin and new defaults and Ccj may start to appear because I've paying into an agreement im under the impression the 6 year rules starts again so yes I have lost of mixed feelings about this but I'm not going to lie you guys have put some life back into my breath this week as for the last 3 years I've felt caged like an animal and this morning I feel freer I can't explain how much but certainly my soul feel lighter today thanks to yin because I'm now viewing this review totally different to I do yesterday thanks to you guys 
    • Court name UNKNOWN Case number ********** Amount N/A Confirmed by Insolvency Service Date issued May 2021 Type Voluntary Arrangement Notes If you have questions about voluntary arrangements you should speak to the Insolvency Service.     I started this in 2021. So it's been about 3 years I've been paying. 
    • Thanks @lookinforinfo@Nicky Boyi sent across the agreement earlier in this thread. No mention of financial reward to the MA. But, I wouldn't be surprised if it was done on the sly. As I said earlier, the owner of OPS is a convicted criminal, with a very shady reputation around these parts.
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Prison- should life mean whole life ?


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There has been discussion on whether some jailed for life should be kept inside for the whole of their lifes. Should this be the case, no matter how much it costs or should the government look at other options ?

 

If someone is kept in a maximum security prison for 50 years, that would cost approximately £2.5 million. This is the equivalent of the tax paid by 500 full time workers on average salaries. How would these people feel that their hard earned tax is going on paying for murderers meals, accommodation, plus their funeral costs at the end of their life ?

 

While I do not support the death penalty, when you work out the costs of justice and that the family of the murdered may be paying their taxes to feed/house these people, it does make you ask the question.

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I assume that this post comes off the back of the release of Harry Roberts; my personal view is life should be life (personally i would like to see the re-introduction of the death penalty, but that is a diffrent conversation).

 

What dies cheese me off a bit when the whole "should life mean life" argument gets going is the suggestion the someone who kills a poiliceman should be punished with a longer sentence than someone who kills a fireman, florist or chicken farmer. I fail to understand why the police should be put on a higher pedistal than anyone else who is gonig about their lawful activity.

It is easier to enter a rich man than for a camel to pass a needle

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Sentencing regime is wrong full stop. What's all this 'maximum' crap, there should be minimum sentences not maximum, take it away from the crappy judges half of who haven't got a clue about how the victim feels.

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Sadly with the removal of the death penalty there is no "ultimate" penalty.

 

I can understand why it was removed - if even one person is sentenced to death and they were not guilty of the crime.. that is not good at all.

 

I think it should be reinstated, but those who are convicted and sentenced to death, could then have their sentences commuted to Life without parole.

 

I find it very odd that at the moment a "Life" sentence means that the offender can be released after about 10-15 years. Irrelevant that they have to report to a Parole officer on a regular basis. Life should indeed mean life.

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IMHO, some of the sentences handed down by liberal judges make you wonder why the offenders were even brought to the court in the first place.

 

It would be interesting to see what happens to the young thugs in the story aired on BBC today.

 

http://www.bbc.co.uk/news/uk-england-merseyside-29754597

 

A 12-year-old boy and a 15-year-old girl are among 11 people who have been arrested on suspicion of raping a woman at her home in Liverpool.

 

The 43-year-old woman, described by police as vulnerable, was attacked at a flat in Anfield at about 16:20 BST on 24 September.

 

Paramedics called police to report the woman had been sexually assaulted.

 

Two men aged 18 and 19, eight boys aged between 12 and 16, and the girl have been released on bail.

 

 

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have prev threaded about our 'criminal' sentencing.

it (our sentencing) is soft atm, but its not entirely the judges fault. they have their formal sent guidelines which are from parliament, which they must follow. then is re parole.

alot of it is about cost and space.

we're not the worst though. eg that Piers Morgan in norway only got 20 yrs for killing how many people!, although he may not be let out if still considered a 'threat'. apparently though, conveniently, he has recently renounced violence!

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They should be made to work for their keep in prison. How about fixing pot 'holes', a chain gang, they do it in some states in the US.

 

Slavery is illegal in Europe. Supposed to be in US too, but thats America for you.

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Making prisoners work and earn their stay at HM hotels cannot be considered slavery.

There should be a work program for prisoners where they would have options to do a range of different jobs rather than laze about all day long at our expenses.

So many jobs could be performed from behind bars, including the running of the prison itself (cleaning, make or repair furniture, redecorating etc.

Many prisoners are not convicted of violent crimes so they could be escorted to public offices in groups every day to work there.

Unfortunately we are too politically correct to let criminals work because they have the right to squeeze money out of society after they've committed a crime.

Nice!

The problem is that most citizens would like to see the death penalty reintroduced, life sentence not reduced, harsher prison conditions etc.

But the 5% of us are wanna be heroes, do gooders, communists at all costs and human rights activists who think that if someone killed 200 innocent people, they should still be treated with respect and have the chance to be released into society one day.

In essence this 5% of us rule society.

In my books this is not called democracy.

In a democracy the majority makes decisions, not a small, very small group of people shouting 'human rights' at every opportunity.

Why are we scared of them?

Because we don't want to be the one not fitting.

Just think how many times we think about something but we don't say it because it's inappropriate, especially at work.

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Prisoners already do work and they get paid a small amount. You will remember the media running stories about inmates making phone calls to peoples homes on behalf of companies. My local open prison has a garden centre where you can buy plants and the veg they produce. I think some of the prisoners work in the centre when it is open to the public. It always worries me when I hear that someone dangerous is on the run, when they have exceeded the amount of leave they were on. If they were potentially dangerous, why did you let them out for the weekend ?

 

I think the prison service needs major reform, so that they have a different approach. It appears to me that they have too many mixed category prisons, when they should have different levels of austerity. Perhaps those who commit murder should have to do hard labour for a period. Locking them up for 23 hours a day when they will probably try to sleep for most of it, is not a great way to treat people. Perhaps if they are made to work, any money they earn can go into a general victims fund.

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Prisoners already do work and they get paid a small amount. You will remember the media running stories about inmates making phone calls to peoples homes on behalf of companies. My local open prison has a garden centre where you can buy plants and the veg they produce. I think some of the prisoners work in the centre when it is open to the public. It always worries me when I hear that someone dangerous is on the run, when they have exceeded the amount of leave they were on. If they were potentially dangerous, why did you let them out for the weekend ?

 

 

 

I think the prison service needs major reform, so that they have a different approach. It appears to me that they have too many mixed category prisons, when they should have different levels of austerity. Perhaps those who commit murder should have to do hard labour for a period. Locking them up for 23 hours a day when they will probably try to sleep for most of it, is not a great way to treat people. Perhaps if they are made to work, any money they earn can go into a general victims fund.

HOW DARE YOU!

WHAT ABOUT THEIR HUMAN RIGHTS!

I'm outraged at your suggestion!

(NOT)

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