1st Credit/Leicester Aldridge Claimform - old HBOS Loan debt

[2017freefromdebt]

post 89 here as a guide

https://www.consumeractiongroup.co.uk/forum/showthread.php?469861-PRA-GROUP-claim-form-old-provident-loan-debt/page5

 

Had a read thanks only thing is they have evidence of me paying ? So not sure about that part

 

Ok will have to do this tomorrow as I've no info to hand I did think it was odd!

 

Sorry for the long delay

 

I think the stay has been lifted

 

however the mediation people contacted me and with two days notice for mediation

 

I wasn't happy but said if that's the only time the op could do it I would be happy to proceed .

 

they went on to say that they hadn't gotten in contact with them they had tried but weren't getting a reply.

 

They said they would try again the next day which they did but still didn't get a reply from them ( telephone call ) .

 

I then received a letter saying it would be transferred to my local court as mediation hadn't occurred .

 

This was a month ago and I've still not got a court date !

 

Maybe the above is why they asking for ws!

[dx100uk]

ok well post 50 work then

 

No date given I rang them and the witness statement is being looked at on the 2nd Jan . Mediation taking place on the 11th Jan

[2017freefromdebt]

This is what was sent

judges orders.pdf

[dx100uk]

mediation only

await their call

nothing else for you to do.

 

wheres this mediation on the 11th come from?

WHO did you ring?

[2017freefromdebt]

A rang the court to ask when the hearing was as there was nothing on the letter

 

they said to send in the witness statement and it would be dealt with/looked at on the 2nd January.

 

Mediation rang me last week about the 11th january appointment .

 

It does say I should send in witness statement .

 

Should I ring them again?

[dx100uk]

Well unless you've missed a page out of you upload

It doesn't

 

P'haps I'm being thick here

Andy will clarify

[2017freefromdebt]

I've just read the uploads and the top line from the second page isn't there

 

it says both parties must provide to the court and to the other parties the witness statements by 4 pm on the 27th December .

 

The lady at the court said they had worked the date out wrong and it should be 2nd Jan

[dx100uk]

that's better

makes sense now.

[2017freefromdebt]

I presume I send it in tomorrow and the witness statement being that they haven't the correct document's?

 

Bit confused at the minute

[dx100uk]

post as post 48 then

 

pop it up hear FIRST for checking

[2017freefromdebt]

Ok I will do that thanks it'll be in the morning now

Thanks

[2017freefromdebt]

AND

1st credit

Defendant

 

_________________________ ________

 

WITNESS STATEMENT OF 27/12/2017_____________________ ____ ________

 

 

I xxx, being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence in the claim.

 

1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt 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 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 16/03/2016, I received a claimform from the county court Business Centre, Northampton, for the amount of £1647.88.The claimant contends that the claim is for the sum of £1647.88 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.

 

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.

 

 

There are no details contained within its particulars about when the alleged default occurred or date of any alleged Default Notice or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice.

 

4. The particulars of claim state the debt was legally assigned by 1st credit finance to the Claimant and that Notice was provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignment.

 

5. On April2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case

6. On 06/04/2016 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].

 

7. Apart from the Notice of Assignment, I have not received any of the documents mentioned in the claimants claim form.

 

8. The Claimant replied to my second request and failed to supply any documents that I requested.

 

9. 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 Halifax 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 this agreement on which its claim relies upon.

 

Until such time the claimant can comply and disclose 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, xxxx, the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: _________________________ _______

 

Dated: _________________________

 

 

Having issues with laptop had to copy and paste

[honeybee13]

I've removed your name from post #62.

 

HB

[2017freefromdebt]

Thanks I thought I'd deleted them all !!

[2017freefromdebt]

Does this look ok then ?

[AndyOrch]

Responding to your PM FFD...witness statement is fine and covered the basis of your defence.

 

Regards

 

Andy

[2017freefromdebt]

My mediation phone call is on Thursday this week what happens please and any advice from anyone would be much appreciated

Thanks

[jon8214]

Mediation asks the same three questions as on the AQ

if you still haven't received all the documents just tell them that and mediation will fail

It will get sent to you local court

[2017freefromdebt]

All what documents and from who please

[jon8214]

All the documents you requested from the claimants under your CPR31.14 request

[dx100uk]

and CCA request

if they've not sent nowt

as jon says you tell mediation that too.

 

dx