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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    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 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.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   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.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to 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 defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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help please with Acendon (as they are known at the moment.)


bob 3456
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bob, is your complaint to the FOS still live ? If so, you can add to it. If not, then I would submit a further complaint and reference the previous one.

 

Although if this is subject to current court action, I am not sure if you can make a complaint to the FOS as they will not get involved whilst legal action is ongoing (I think)

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bob, is your complaint to the FOS still live ? If so, you can add to it. If not, then I would submit a further complaint and reference the previous one.

 

Although if this is subject to current court action, I am not sure if you can make a complaint to the FOS as they will not get involved whilst legal action is ongoing (I think)

 

Hi Citizen B,

Ive complained to them (FOS) and have a reference number ,but unsure if they are even taking the case on. ive sent them around 100 pages of stuff so far .

 

Acenden are still doing stuff like adding (not deducting) our full monthly payment on to the arrears balance and the interest we should pay out of it adding that onto the capital balance probably in the hope that we havent noticed before the next statement is due .

 

This is illegal as far as i`m aware.

The court case was adjourned by them almost on the same day it was issued and they were granted liberty to restore. This left us with almost £600 of legal fees added to our account.

I just dont know what to do about this disgraceful company.

 

Thanks

 

Heres some snippets from Acendens latest letter.

First one is what they said in a letter received on the same day as court papers in Dec2015.

Second is their latest change of mind on the £120.00 and that legal action is based on outstanding contractual mnthly payments and fees combined???

 

Third, is we asked why no documents in SAR from the whole of 2008.

 

Lastly their claim the court was fully aware of the arrears balance ,they stated on court papers it was £1300 , but at the time it was £600 and consisted entirely of fees.

 

snippet 2

 

snippet 3

 

snippet 4

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I have asked someone with more experience to look in on this thread. Please be patient as I know they are busy.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi Ell-enn thanks.

What they are now doing is downright unlawful, they are intent on the raising arrears balance back up in any devious way they can(after removing over £2000 in fees shortly before the court action in Dec 2015) and the capital balance is the same as it was when we took out the loan in 2006.

There is no way this can be paid off in the 5 years 8 months remaining on the loan.

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This is from a letter that I have just sent Acenden and its lawyer. Feel free to adopt, if it is helpful.

 

1 Theft Act 1968 Section 24 A of the Theft Act 1968 creates an offence of dishonestly retaining a wrongful credit. That includes doing this by with any program or data held in electronic form (Section 8 (1) (b) of the Fraud Act 2006).

 

2 Case law precedent The Peters v Anderson (1814) judgement was that

 

"A person who is indebted to another on two several accounts, may, on paying him money, ascribe it to which account he pleases.–and his election may either be expressed,-Or may be inferred from the circumstances of the transaction. "

9 If Acenden Limited persist in conduct that may constitute offences under the legislation cited, above, the Theft Act 1968 in particular, there may arise no alternative for me but to seek damages in the courts (Financial Services Act 2012 Section 138 D).

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The court case was adjourned by them almost on the same day it was issued and they were granted liberty to restore. This left us with almost £600 of legal fees added to our account.

 

Just to note again: the Order granting liberty to restore is void because summary judgements in cases involving mortgageors are expressly prohibited by Civil Procedure Rule CPR 24.3 (2) (a) (i). So you are not liable for any of the costs incurred in obtaining that Order.

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I was under assumption that according to the FCA monthly payments must be applied to any payment shortfall before addressing any arrears fees or charges???

 

You are correct. And compliance with FCA Rules and Principles is not optional.

 

MCOB 12.4.1BR26/04/2014

 

When a customer has a payment shortfall in respect of a regulated mortgage contract, a firm must ensure that any payments received from the customer are allocated first towards paying off the balance of the payment shortfall (excluding any interest or charges on that balance).

 

https://www.handbook.fca.org.uk/handbook/MCOB/12/4.html

 

In a complaint about this Acenden said they could return this to our capital account

to be applied correctly , they are now saying that they cannot do this!

 

I think this is grounds for sending Acenden a FORMAL NOTICE - ACCOUNT IN DISPUTE. As a letter, listing the information and answers you have asked for and are reasonably entitled to have and which they have failed to give you. Tell them, citing section 10 of the Data Protection Act,

 

http://www.legislation.gov.uk/ukpga/1998/29/section/10

 

to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient merely to assert that you have a ‘legal right’; you must give me your reasoning in this matter and state upon which legislation this reasoning depends. If you do not respond within 14 days I expect that this means you agree to remove all such data. Furthermore, as you will be aware, a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

See also,

 

A lender may not be able to force you to pay back money you borrowed if:

 

it shows the wrong amount of credit

it shows the wrong repayments or they're missed out altogether

it doesn’t contain all the legal notices it should, for example a cancellation notice

the lender is not FCA authorised to lend money."

 

https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/how-to-dispute-a-credit-debt/how-to-dispute-a-debt/

 

Agreement is unenforceable until Acenden corrects the errors which, I understand, include setting the wrong figure for repayments from the outset. And Eurosail is not authorised to lend money so it cannot bring legal proceedings against you to exercise any right in a credit agreement.

 

While the agreement is unenforceable, they have no right to register any defaults on your credit file.

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I have asked someone with more experience to look in on this thread. Please be patient as I know they are busy.

Hi Ell-enn anything yet??

 

Could anyone else please state whether or not

if a loan has supposedly changed ownership ,

are the new owners liable for the whole agreement up to the present date .

ie in regards to any actions on the account from the start ,fees /charges , legal fees/action ???

 

 

Or can they claim that anything that happened before they took over has nothing to do with them??

 

Thanks

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no they are responsible too

they inherit all rights.

 

 

but anyway we know its the same lot!!

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

today we received a letter from Eurosail

saying that our second charge secured loan will from 21st March 2016 change

from being regulated by the CCA1974

and the FCA Conc rules to the FCA MCOB rules .

 

Is this a good or bad thing ??

 

It does say that they now have to apply any payments we make to any missed Contractual monthly payments NOT to anyway else.

Thanks

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Anyone help ,some one must be able to advise on the benefits of not of being under MCOB rules???

 

Sounds like good news to me and would think you'll get much better protection as a consumer due to the mortgage now being regulated. Companies like this have to clean up their acts!! :)

 

See link below

 

https://www.fca.org.uk/static/fca/documents/factsheets/fs0040.pdf

 

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:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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