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    • I see, shame, I think if a claim is 'someone was served' then proof of that should be mandatory. Appreciate your input into the WS whenever you get chance, thanks in advance
    • Paper trail off the original creditor often confirms the default and issue of a notice...not having or being able to disclose the actual copy or being able to produce a copy less so. Creditors are not compelled to keep copies of the actual default notice so you will in most cases get a reconstituted version but must contain accurate figures/dates/format.     .    
    • Including Default Notice Andy? Ok, I think this is the best I can do.. it all makes sense with references to their WS. They have included exhibits that dates don't match the WS about them, small but still.. if you're going to reference letters giving dates, then the exhibits should be correct, no? I know I redacted them too much, but one of the dates differs to the WS by a few months. IN THE ******** County Court Claim No. [***] BETWEEN: LC Asset 2 S.A.R.L 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 this claim. 1. 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 written off as a capital loss and claimed against taxable income as confirmed in the claimant’s 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. The Claim relates to an alleged Credit Card agreement between the Defendant and Bank of Scotland plc. Save insofar of any admittance it is accepted that the Defendant has had contractual agreements with Bank of Scotland plc in the past, the Defendant is unaware as to what alleged debt the Claimant refers. 3. The Defendant requested a copy of the CCA on the 24/12/2022 along with the standard fee of £1.00 postal order, to which the defendant received a reply from the Claimant dated 06/02/2023. To this date, the Claimant has failed to disclose a valid agreement and proof as per their claim that this is enforceable, that Default Notice and Notice of Assignment were sent to and received by the Defendant, on which their claim relies. The Claimant is put to strict proof to verify and confirm that the exhibit *** is a true copy of the agreement and are the true Terms and Conditions as issued at the time of inception of the online application and execution of the agreement. 4. Point 3 is noted. The Claimant pleads that a default notice has been served upon the defendant as evidenced by Exhibit [***]. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 5. Point 6 is noted and disputed. The Defendant cannot recall ever having received the notice of assignment as evidenced in the exhibit marked ***. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 6. Point 11 is noted and disputed. See 3. 7. Point 12 is noted, the Defendant doesn’t recall receiving contact where documentation is provided as per the Claimants obligations under CCA. In addition, the Claimant pleads letters were sent on dates given, yet those are not the letters evidenced in their exhibits *** 8. Point 13 is noted and denied. Claimant is put to strict proof to prove allegations. 9. The Claimant did not provide a true copy of the CCA in response to the Defendants request of 24/12/2022. The Claimant further claims that the documents are sufficient to pursue a Judgement and are therefore copies of original documents in their possession. Conclusion 10. Without the Claimant providing a valid true copy of the executed Credit agreement that complies with the CCA, the Claimant has no grounds on which to enforce this alleged debt. 11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant by way of a Section 78 request. The Claimant failed to comply. I can only assume as this was due to the Claimant not having any enforceable documentation and issuing a claim in hope of an undefended default judgment.   Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be 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 it’s truth. Signed: _________________________ _______ Dated: _____________________
    • AMEX and TSB the 2 Creditors who you need to worry about the least, ever!  Just stop paying them and forget about it, ignore all their threat o gram letters.  Only if, and with these 2 it's a massive if, you end up with a claim form you need to respond, and there will be plenty of help here.
    • No, nothing from Barclays. Turns out i have 2 accounts on here, and i posted originally on the other one. Sorry about that.  
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Small claims against a builder


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I am taking a builder to the small claims court who breached an agreement arranged by Trustatrader who were useless. I did the application on line and there was only a small section that allowed me to briefly describe my claim. He has been served and I have received a Notice of issue so he has until 27th March to reply.

 

I have seen there is a N1 claim form that seems to have more space to state the claim and you can send extra pages if necessary, this seems to be a postal application.

 

My question is what happens now? He is claiming he is now out of work because he has been removed from the above advertising site so I am unlikely to get anything out of him anyway but I shall give it ago.

 

I have reams of evidence against him from a week in when he decided to walk away and refuse contact with me. There was also a situation that could have killed or seriously injured someone and I have pictorial evidence.

 

When do I get to state all this as I understand your case in some instances can be strong enough for there to be a judgement without a hearing. He has already admitted liability from emails sent and the fact that he signed an agreement to pay me.

 

I know not to contact the court as they don't give out any advice and have tried getting through to Citizens Advice. I think he will defend his case in order to get a judgement that will allow him to pay over several years at least that's what he said in an email. I want to get over in writing before any hearing what this builder did to me and the extra debt I found my self in, not to mention the stress. I also don't want to arrive at a hearing and have to go over it I would rather it was there in black and white so I can have a clear mind to answer any issues that may arise.

 

Any advice greatly appreciated

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you seem to have missed the part on your money claim applicationwhich allows you to indicate by taking a checkbox that you wish to send a fuller and more detailed particulars of claim separately once your brief electronic claim has been issued.

 

This would have allowed you to put in your brief details and then within seven days to send off a more detailed statement of your claim.

 

Secondly, you should be aware that if you really think that you are unlikely to get anything out of him – if you get a judgement, is there any real point in going ahead? In addition to your claim fee, you will have to pay a hearing fee. I don't know what the value of your claim is that this could amount to £300 or £400 and if he has no money then you will be able to get that back. Have you considered that?

 

The automatic judgement that you are referring to is known as "summary judgement" but it is highly unusual to apply for summary judgement in a small claim. It would cost you at least £155 to make the application for it and there is a big chance that the judge might refuse your application in which case your application fee is money down the drain.

 

You have certainly come to the right place here for advice. However, it's a shame that you didn't come here before you started the claim and started incurring expenses. also, it is never a good idea to start suing people unless you understand what you're doing in advance and you understand what the next steps are. Suing people in the county court is not difficult – but you really ought to understand the subject first.

 

I think that it will be helpful if you will post up your claim form in PDF format so we can see exactly what is going on.I understand that the defendant has not yet filed a defence. When he does, then you should post a PDF of this as well.

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Thanks for your reply

 

I really don't recall seeing any box to send any extra information as I did it online not postal. I am kicking myself. I decided to go ahead with the court application because a payment was due on 28/2/17 and when I did not receive it I thought that's it. He has put in a insurance claim on his public liability but that will cover about 25% of what I am asking for. I am asking for his fees back, the cost of remedial work, the cost of wall unis and contents, the latter two are items on the insurance claim.

 

He only informed me he was out of work after I told him he would be going to court as he claims he no longer has any work since being removed from Trustatrader had I known his company was out of work I would have thought twice. He is still showing on Rated People. I can post the claim in pdf do I scrub out my /his details.

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The POC are restricted to 24 lines of 45 characters and a total of 1080 characters. If you type more than this the last part of your text will not appear on the claim. Please be aware that the website will only accept the following punctuation; full stop, comma, pound signs.

 

If you do not have enough space to explain your claim online and you need to serve extra, more detailed particulars on the defendant, please tick the box that appears after the statement ‘you may also send detailed particulars direct to the defendant’.

 

Please be aware this will then reduce the amount of space left in the main particulars box by three lines. This is because a statement is automatically added explaining you will be serving further particulars.

 

You will be able to see the extra information added in the next screen “Summary”. For more information please see the ‘Serving additional Particulars of Claim’ section.

 

If you have enough space to explain your claim online do not tick this box.

 

Thread moved to General Legal Issues.

 

Regards

 

Andy

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