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    • I have known some just take their commision direct from the account......as long as they are only invoicing you thats fine...ignore their invoices.
    • Weak and very unlikely to be successful...... Edit to suit......     IN THE ******* county court Claim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that 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. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, 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 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. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago. 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].  6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case. 7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the 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.  Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]  
    • Thread title amended   You didn't provide details of your bank account did you when you signed up with this lot ?   Andy
    • Ah yes, I was using a few different examples from overdrafts to loans. Will change those to the correct legislation! Thanks! Is there anything else that would be useful to include? Is it just me, or does this seem quite weak and unlikely to be successful?? 
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123fat

Nationwide Partnership mortgage

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Please is there anyone out there that has taken the NHS partnership mortgage with Nationwide.

Who has either taken them to court and won or lost their case. Would be great to connect with someone who has been dealing with them regarding the equity share as we are at the moment .

 

thanks

123fat

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Hello and welcome to CAG.

 

Could you tell us more about what has happened to you please? That should help us to advise.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Please is there anyone out there that has taken the NHS partnership mortgage with Nationwide.

Who has either taken them to court and won or lost their case. Would be great to connect with someone who has been dealing with them regarding the equity share as we are at the moment .

 

thanks

123fat

 

Hi 123fat,

I am in the middle of trying to get Nationwide off my back and get my house from them. I have paid the mortgage, but they are looking for a % of the equity of my house. I too have a partnership mortgage or in my eyes had. I still believe once the mortgage had been paid the partnership should cease. Is this the same with you? Where are you up with them. I would be happy to try and get in touch with as many as possible and look at taking a collective case against them. My mortgage ended in Aug 2014, I had it attached with an endowment policy which did not cover the mortgage, I had a shortfall of 30thousand. Nationwide threatened to take me to court for non payment of the mortgage. I had a double wammy. I had to borrow the shortfall of the endowment and paid it to Nationwide. Then within days they were looking for the % of the equity- 45.5%. I have tried Ombudsman, waste of time and effort.

Do get back to me.

Bonnie Mac

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Hello! I`m in a similar situation. Retired Nurse and have lived in a small attic flat for 30 years. The Mortgage term has ended but Nationwide demand 136.5 when sold so feel I`m trapped her for life. Was it misselling or legal?

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I would love to take them to court but don`t have the financial means to do so. We were conned into a trap which has only benefited Nationwide.

I feel doomed to stay here forever as I can`t see a way out. May be live in a caravan.

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Hi Kanga65,

Just got your posting today, I posted my bit back in 2016 and am still trying to get rid of Nationwide! Am happy to ring you if want and I can fill you in on "my story".

 

However I do know you may not want to put a number out, so in a nut shell, I had to get both barrister and solicitor on the case and it seems Nationwide have us stitched up!

The recommendation I got was not to go to court. I am now trying to negotiate and am at the early stages. I am not sure what to advise you to do, am happy to give you my contact of legal eagles so you can chat with them.

Bonnie Mac

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no off thread comms please

read our rules!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Hi Kanga65,

Just got your posting today, I posted my bit back in 2016 and am still trying to get rid of Nationwide! Am happy to ring you if want and I can fill you in on "my story".

 

However I do know you may not want to put a number out, so in a nut shell, I had to get both barrister and solicitor on the case and it seems Nationwide have us stitched up!

The recommendation I got was not to go to court. I am now trying to negotiate and am at the early stages. I am not sure what to advise you to do, am happy to give you my contact of legal eagles so you can chat with them.

Bonnie Mac

Thank you very much. I think the lawyers are probably expensive. It`s a pity the Press doesn`t expose them. It`s not the best way to spend retirement trapped in my flat after spine op and joint replacements.

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Hi Kanga65,

Totally agree. The only thing is if you go with the ones I have been using, they will already be "in the loop" and do not need hours getting their heads around it. They may also be able to help with negotiating. Remember, they still have a hold on your property, well they do on mine. Take care.

Bonnie Mac

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Thank you! Yes please send me their details so maybe I could call them. I`m desperate to get out but fear I`ll end up homeless.

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please read our rules gentlemen...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi Kanga65,

I have just emailed my solicitor to see if it is ok with him to put his Firms name on this site, lots of things I am not sure about posting here! so do not want to get anyone into trouble. There is not doubt the legal advice is expensive, but look if he agrees, he will already have the gist of mine and I suspect strongly it is very similar to yours. If he agrees, and to be honest I do not see why not... two cases are better than one. However we will obviously be at different stages so let's just see. I will keep an eye on the blogs.

Take care

Bonnie Mac

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Please do not post the name of your Solicitor here on the open forum...you can PM it to any of the Site Team.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hi Andy,

thank for reply.

 

What does "PM it to the site team mean"? and how do i do this?

 

Is it possible for site team to give me phone number of Kanga65 if she wants too??

 

Or can I put a phone number up here for Kang65 to ring me???

 

I know too many questions........!

 

Bonnie Mac

Edited by dx100uk
Spacing

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Click our username on the left

 

No we cant exchange private numbers

And no you can't post it here


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Click our username on the left

 

No we cant exchange private numbers

And no you can't post it here


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi Kanga65,

I an not sure how we go about me / you contacting it seems I can not put up a contact number! I am not sure if you have a public phone near you? I know all in my area are gone, I thought that might work ? If you have any ideas or suggestions let me know

Bonnie Mac

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as said thru the siteteam we are willing to forward your solicitors details simple click our username on the left


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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you should have something called a supplementary agreement with this mortgage and terms and conditions are on this .

Do either of you have it?

Im trying to find mine ...

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