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    • 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……………………………
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debbiexxx

Partially settled with a zero balance

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Thank you

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Help and advice welcome.

 

To end my debt nightmare a family member has offered to help me pay off my debt.

I wrote to Cabot saying that a family member was offering to pay £800 for a full and final settlement.

 

The original debt was for £4000 and was a CC.

There are no charges that I can claim back,

I just want this sorted before I move house.

 

Cabot wrote back saying.

“I am happy to accept the £800 you have offered as a one off payment to close the account.

If you still wish to proceed with your offer,

once the payment has been received your account will be closed

and your credit file will be updated to show as partially settled with a zero balance.”

 

I am not interested in my credit file or obtaining credit in the future.

 

Are Cabot trying it on by showing the debt as partially satisfied?

Could the balance be sold to another DCA?

 

If the family member wrote to Cabot saying that his offer is only made on the basis

that the balance won’t be pursued by themselves or any other DCA, would that be any good.

 

Any help or advice is very welcome.

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No they have recorded the situation accurately that you paid a reduced sum to settle the debt. Partially satisfied is just a note to other creditors that you did not fully satisfy a debt. The balance is zero, so no there should be nothing to sell on.


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i would be careful on this.

 

Having any debt on your credit file marked as part settled and any amount left outstanding.

 

There will be nothing in the future Cabot making a further claim.

What you need is write back to Cabot and get them to confirm that paying the £800 will result in a:

 

"Full and Final" settlement of the liability and that they will not pursue you for any shortfall at a later date.

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"Full and finallink8.gif" settlement of the liability and that they will not pursue you for any shortfall at a later date.

 

I would change 'they' to any other debt collection company

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why pay this at all?

 

 

I take it you've already sent cabot a CCA request

and its enforceable & signed by you?

 

 

F&F offers are 9/10 a total WASTE of money

you might as well burn it for all the good it will do.

 

 

all you simply do by paying a DCA an F&F sum

is to fund another 1000'000 letters to spoof others..

 

 

a DCA is NOT A BAILIFF

they have NO SUCH LEGAL POWERS

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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If they are willing to accept £800, that means that they paid much less than this for the dept in the first place and will try and get anything they can. The CC company have already given up, there is no need to pay the DCA.

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