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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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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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Anyone Chinese out there can translate this?


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Thanks JoeyJoe, no I don't mind one bit...thanks for taking the time and trouble. One problem I have of course is with a square sign within a circlular bowl with 4 characters on it, which is Right and which is Left :lol:

 

'Supposed'? who's words are they, the writer or the book..? I can assure you it is yellow brass, must be given the colouring, but then the picture may have confused.

 

Surely someone making this wouldn't put 'this is a Ming Vase,but not really'? on his/her signature? ' Made in Hong Kong - in the style of Ming' perhaps? We'll get to the bottom of this I'm sure.

 

Thank you.

 

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I've been polishing this since I was about 5 back in the early 50's and my mother was a bit of a brass collector - spent many a weekend in my youth polishing her collection of such items.

 

In doing so, you have rubbed away the patina that many collectors treasure and may have reduced the value of the item.

 

I'd also take that comment about "white brass" with a large pinch of salt. Without a detailed metallurgical analysis, it is often difficult to distinguish some brasses from bronze. With a snap taken by a mobile phone, the colour balance will be off and it would be a brave fool who would try to identify the metal from the snap.

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In doing so, you have rubbed away the patina that many collectors treasure and may have reduced the value of the item.

 

I'd also take that comment about "white brass" with a large pinch of salt. Without a detailed metallurgical analysis, it is often difficult to distinguish some brasses from bronze. With a snap taken by a mobile phone, the colour balance will be off and it would be a brave fool who would try to identify the metal from the snap.

 

Thanks Mr.P, but my mother would not have sat looking at 'unshined' brass sadly and she had loads of it, God bless her, I wished she'd taken it to her resting place beyond, but we were left with it to deal with.

 

I must say though, since raising the questions over the black inside, the possibility of it being bronze and so forth, this did take me back to my radiographer days in the foundry, a place I have long forgotten in my mind, where I saw, handled and X-Rayed many large and small bronze castings for such things as submarines and aircraft.

 

All kinds of castings from raw casts to finished machine-polished items like hatches and massive castings which made up the walls of the submarine the size of front doors which all those instruments sit in inside the sub. I saw them in various states of finish and looking into the pot again takes me to think it could well be bronze although the bronze I worked with had a more mottled colouring to it than the pure brass colour of this pot. It just could be bronze if as is suggested, the polishing has changed the finish.

 

So, not just the motto on the back, we are now seeking the material....deeper and deeper we go, I'll have to follow all this up now....

 

It's like Fake or Fortune this...over to you Fiona! :wink:

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Very intriguing :)

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Or Korean.

 

If you look at some Korean writing symbols, it looks similar.

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Have a look at censer bowls! did the original owner travel the far east if so try to find out which one or ones they did, if it is a censer bowl then it is for burning incense in this case it could be silver and the marking are the hallmark... The reason for being black inside is now obvious... Have a look around for the lid will make a nice eye catching piece .... Maybe smelling the inside may add to the intrigue

 

 

Have a look here silver censer bowls

https://www.google.co.uk/search?q=what+is+a+censer+bowl&biw=1280&bih=573&source=lnms&tbm=isch&sa=X&ved=0CAgQ_AUoAmoVChMI2eavnbq0xwIVpWrbCh1xeQaJ#tbm=isch&q=silver+censer+bowl

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Some very impressive bowls in that link mm.

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As Simon Cowell might say, "Wow, Wow, Wow". - That's it! This bowl of mine is a Censor bowl without doubt. Thank you so much Mikeymack. There are some wonderful looking bowls there in that link as citizenB says, but I noticed one thing, 99% of those with legs had 3 legs, just like mine.

 

I'd never even heard of a censor bowl before, but look at the shapes, take away the fancy trimmings and the shape of mine most definitely looks the same. I never had a lid, or can ever remember one and I certainly don't have it now even if there were.

 

I've just popped a question over to what looks like an expert on these things and I'll see what they come back with (although we're not doing badly here are we?)...I wonder what kind of history this pot actually has? - Wow!

 

Antique investigators extrordinaire - thanks folks! I'll be back..

 

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Arnie lol please come back.... Glad to have been of assistance to you in your quest, I guess a trip to the local takeaway is beyond reach? It could be cheaper and much more fun....

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Response from my Chinese in-law:-

 

"it has to be the manufacturer's logo or marque because I can't read the characters..."

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Response from my Chinese in-law:-

 

"it has to be the manufacturer's logo or marque because I can't read the characters..."

 

Thanks Caro, (you need to clear your PM box too young lady, impossible to talk to you in secret! :madgrin:)

 

Could also be another language which someone else has suggested, so I won't give up totally on that one yet, but thanks for asking the question for me.

 

Catch up later..cuppa time...

 

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Response from my Chinese in-law:-

 

"it has to be the manufacturer's logo or marque because I can't read the characters..."

 

If you look at Asian symbol style writing, it appears to be joined up letters from their language. Because on the bowl the symbols are joined up and cannot be easily split into meaningful letters, they are probably just manufacturers made up marques.

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There are some wonderful looking bowls there in that link as citizenB says, but I noticed one thing, 99% of those with legs had 3 legs, just like mine.

 

From a design point of view, three legs are always going to be stable, even if one is shorter that the other two. This means a manufacturer does not have to worry about precision machining and it will never rock on its feet.

 

Stick a coin under one leg and you'll see what I mean. Then try the same with something on four legs.

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Well seems like many missed the link I posted.

 

The writing is a different style of Chineese called Seal Script. Someone translated the two characters on the left to say "Year Made".

 

I found this which looks similar, complete with writing on the bottom, and is called a Censer

 

https://www.liveauctioneers.com/item/39631345_chinese-gilt-bronze-tripod-censer

 

Here you are:

A censer is a bowl made to hold burning incense, often crafted from bronze, copper, porcelain, or stone. The first Chinese vessels designed specifically for burning incense appeared during the Western Han Dynasty, from 206 BC to 8 AD. By this time, ancient bowls like the ceramic dou or three-legged bronze ding had been adapted as vessels to hold ceremonial offerings, and eventually became the prototypes for incense holders.

 

Censers were made for several distinct uses that signified social status, from the incense baskets used to perfume bedclothes or garments to the small hand censers used as hand-warming devices in winter. Filled with incense made from dried aromatic plants and essential oils, many were utilized for religious or secular rituals, like funerary services or prayer offerings.

 

The simplest vessels were decorated with small geometric shapes, animal designs, or an ornamental band, while more complex censers made from precious metals might include cloisonné enamel or repousse engravings, as well as ornately carved lids. A few even took the form of jade or celadon-glazed statues, like a standing duck or a sailing ship. However, the most common form of Chinese censer was generally mounted on a three-footed base, or tripod, with two looped handles along its sides.

 

By the time of the Song Dynasty, from 960 to 1279 AD, incense culture was common to all classes in China. Along with flower arranging, tea-whisking, and painting, incense burning was regarded as one of the Four Arts of the Chinese Scholar. During the Ming Dynasty, from 1368 to 1644 AD, censers were adapted to more modern forms, such as the rectangular bronze vessels with delicate openwork lids from this period.

 

Boshanlu, or mountain censers, were particularly elaborate. Shaped like a miniature mountaintop on a narrow base and suspended over a larger ashtray, boshanlu were inspired by the Taoist pursuit of immortality. The pierced covering that fitted over the boshanlu’s bowl was carved with intricate peaks to resemble the “mountains of the immortals,” allowing smoke to rise like mist from its craggy forms.

 

Another ingenious censer design was the incense sphere, consisting of a latticed metal orb that hung from a long chain and opened in half along a center hinge. This sphere surrounded a small cup that was weighted with a bearing to ensure the incense wouldn’t spill as it was carried.

 

Looks like the base was filled with something, perhaps what is still there now, look at these images: http://www.bonsaiinformation.com/Censers.htm

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So the next two must translate to the date maybe as they'd hardly say that then leave the date off would they?

 

There are some very similar looking pots on the auction sites too, One was on Dickinsons Auctioneers website and was purported to be a Brass cast bowl (Possibly Ming) - Not valued much, but when I first mentioned Ming I was having a laugh! We are getting there.

 

Thanks

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It's not a date as the Chinese calendar is different. It should say a reign which can identify the date range, but they were unable to decipher this.

 

You may have missed it, but I have updated my post above with more information. Looks like it is a Censer (not Censor) pot used for burning incents / smelly things.

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