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    • Lining up my ducks and preparing my WS in advance. 1st draft below. Feedback appreciated. In the County Court at ************ Claim Number:***************** BETWEEN: Claimant: ********************** -and- Defendant: *********************** WITNESS STATEMENT OF ******************   I, *********, being the Defendant in this case, make this Witness Statement in support of my defence which is due to be heard on DATE at ************ County Court. I contest that the Claimant's claim is vague and unspecific. On DATE I made a written request to the Claimant requesting that the Claimant provides copies of all documents (true copy of the executed agreement and a copy of current terms and conditions encapsulating any variation) mentioned in the Statement of Case (Exhibit A). On DATE I made a written request to the Claimant Solicitors requesting that the Claimant provides copies of all documents (Credit Agreement, a copy of the Contractual payments under the terms of the agreement and the Default Notice) mentioned in the Statement of Case (Exhibit B). On DATE the Claimant’s Solicitors replied (Exhibit C) to my written request without the requested documents. On DATE the Claimant replied (Exhibit D) to my written request without the requested documents. The Claimants claim is based upon Defendants alleged breach of contract and therefore, the contract is entirely central to the Claimant’s case. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form. On DATE I contacted the Claimant and repeated my request for copies of documents as mentioned in the Statement of Case (Exhibit E). The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents or if they can provide originals for Court inspection. The claimant has provided a 'reconstituted' set of statements which are not original documents The Claimants pleaded case is that the Defendant entered into an agreement with ***************** under account reference ************, I am uncertain as to which account this refers to. It is accepted that I have had ****** Loans in the past, however, the account number given does not relate to any information I have, therefore, it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers. I believe that the facts stated in this witness statement are true. I therefore ask that the Court orders the Claimant to provide copies of the documents and if the Claimant is unable to comply the proceedings are struck. Statement of Truth I ************, the Defendant believe the matters set out in this Witness Statement are within my own knowledge, except where I indicate to the contrary. Signed: ________________________________ Dated: ________________________________
    • Brilliant, that's reassuring.  Off to the Hermes forum now.
    • No, I think UK will get same deal as EU.  Main reasons for this are two sectors,  Defence and Financial Services.  US have huge levels of money invested in the UK, so they have a self interest in offering a trade deal as good as the EU.
    • @labrat I'll bet it isn't the subframe itself that's broken. It'll be the subframe mounting bolt(s) that have sheared off inside it. Because the bolt is seized inside the subframe, it effectively renders the subframe scrap. I suspect the garage are simply talking in terms the average customer is more likely to understand than going into the detail of it. The Golf, Jetta and Beetle, which are all mechanically identical, are notorious for it.    A smaller independent garage may have tried to get the bolts out, but you very quickly reach the point where time/effort/cost is simply not worth it and replacement of the whole subframe is the better choice.   Of course the OP could approach a salvage yard, either local or online, and ask about the cost of a good used item, which would be substantially less expensive than what I assume is the price VW are charging for a replacement.
    • Applied for and awarded by BY in Sept 2020 still not received it yet Comments appreciated
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Creation Consumer and Drydens different information blaming each other for extra 1500 debt added


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Hi, thanks in advance for looking at my post.

 

Basically, in 2006 I took out a buy now pay later deal through land of leather with creation. land of leather told me i would be contacted when i needed to start making payments but never did. after taking out this deal i went through a rough patch after having a prem baby and becoming a single parent in the space of a few months with no job and was extremely depressed and i forgot about the sofa payments.

 

the next i heard i had court papers, i contacted creation to ask if i could start making the payments asap and they told me i had to pay the full amount plus the interest i would have been charged or they would register the ccj. i couldnt afford to do it and the ccj was registed and a charge was put on my house.

 

anyway, the house is being sold, its meant to exchange next week. my solicitor has contacted creation for a balance and it is 5139.19!! the sofa originally cost 1495 and i took a 2 year warranty 240. on my credit file under creation it states 3639 and they have logged every month since 2006 sustained arrears.

 

i contacted creation to ask why the balance is so high, they told me it was now with drydens. i called drydens, they told me the 5139.19 is the balance creation had sent to them and they had never added any fees and didnt have a breakdown. i recontacted creation and i was given the balance of 3638.55 and they told me any other fees must be drydens adding them. i am so confused and neither company is offering to help me or give me the information i need. i am about to lose my buyer.

 

please help me :-(

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Hi thanks for the reply. I have never made a payment as they secured it on the house, they told me it would just be repaid when we sold. The CCJ is 6 years old on 20/1/2016

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Ok thank you, I do not have any references or anything though, can I just put the property address? Is there any way of hurrying them up so I don't lose my buyer and incur fees from the solicitor etc.

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Ask your solicitor the best solution.

 

Can your solicitor hold (e.g. The £5139.19, and some more to cover interest) on your behalf, from the proceeds of sale, giving an undertaking to Creation this will be used to settle the CCJ once the correct sum is clarified.

This might persuade Creation to allow the sale.

Or, similar but giving an undertaking to the buyer's solicitor the charge held by Creation will be satisfied.

 

They can then transfer to you anything left over from the proceeds of sale.

 

Then the solicitor can write to both Drydens and Creation to clarify the correct settlement sum. If there is then anything further left over they can then release it to you.

 

Ask your conveyancing solicitor for advice, and if this (or similar) would be a solution. You may have to pay them to do this, but will it be less costly than risking loosing your current buyer?

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Hiya, thanks for the reply again. My solicitor has not been great with the whole situation to be honest. I can hardly ever get hold of her and she never calls me back. She told me the sale cant go through until the charges are lifted and I doubt Creation will lift the charge for that to happen :-( This is stressing me out so much! Creation are meant to be calling by 12pm today, but I bet they dont!

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