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    • Thank you both for your detailed replies. Yes, I agree, what OPS are doing is tantamount to theft, but in my case, I fear it's legalised theft. I can't find that many other OPS cases in this forum, but of those that I did find, including those mentioned in the news articles paid online, all had actually paid for their parking ticket, but were "fined" in spite of that. They clearly have a much better case than I do.   My one and only previous experience in the small claims court has taught me that it's not about what is fair and reasonable, all the judge cares about is the law, and what's in the contract. Dx, I'm sorry, I don't understand your comment above, and I still fear that I am (regrettably) legally in the wrong.   Dave, you admit that I would have to put in a lot of time fighting this case, and I'm thinking that really, life is too short, and that time is worth more to me than the £120. Nonetheless, I would contest it on principle, if I thought I had a realistic chance of winning.   I take your point about not getting a CCJ if you pay the "fine", but the stakes are escalating, surely. If I lose, I will have to pay the court costs as well as the £200 fine, won't I?
    • If you go to use a mediation service then you should use the one supplied by the County Court. To suggest ADR when first of all you have no idea how it is organised, who would provide it, how much it costs et cetera is simply asking for trouble. There is a motor traders trade association which will provide ADR – but don't forget that by and large they represent the trade. The fact you are asking whether or not conciliation services are offered free of charge shows that you don't know how it works so why on earth are you even bringing it into the equation? You shouldn't be considering anything without understanding what it is you are considering or proposing. Suggesting ADR immediately suggests that you are prepared to sacrifice some of your rights.  I don't see why you feel that you have to show some kind of goodwill after all the treatment that you have suffered – but on the other hand, we have understood by now that this is a man that you want to protect. Bless. Suggesting ADR without having a court process underway means that you giving out signs that you are still not fully committed to bringing a legal action – and you have demonstrated that since January by sending three threats of legal action and not following any of them up. By suggesting ADR again, you are going down the same path – why should anybody take it seriously.   On FastTrack, don't forget, you will only end up paying the other side' s legal bills if they win. On the basis of what you say, that looks like a very outside chance. If you did go on the fast track then you would also recover your own litigant in person costs at 18 quid an hour. Not much – but then it delivers an extra slap to your secret friend. Also, you would be able to claim interest at 8% per year so you would be looking at at least two years interest on 10 grand – 800 quid a year. Plus by the time this is all over, you could be looking at 300 quid or so in litigant in person costs. But of course the fast track is a risk that you will have to take. Check the figures I have put in the proposed draft, I calculated that it's about a year and 1/2 you haven't had the vehicle that you need to make it precise – at least within a month. I suggest that you post up here before you send it off.  
    • Believe for fraud, there has to be intent.      If there are no reaonable grounds for believing the person trading the watch knew it was fake, then I would think Police would not be willing to investigate.  And the person concerned is now deceased, so not sure how it coulld be investigated.    The Insurers would be expecting you to make a report to Police for them to consider it as a possible fraud.  And the Police are going to want you to explain why you believe it was fraud.     I agree with the brokers that it will be considered a trading risk.  The watch should have been checked by a Rolex authorised dealer, before the trade was done.
    • Thanks for the quick response, and for the suggested wording. I will review and amend accordingly today, and send back for your final glance.    I kept the ADR in as a way of showing that I would happy to discuss with mediation, and if an acceptable offer was put forward then of course we would consider it. As he hasn't responded to the offer of ADR so far, its unlikely he will to this anyway. Aren't some of the conciliation services offered free?    Do you have it in writing from him that he refuses to tell you the location of the vehicle? Or why he moved it? - I don't have it in writing from him, but i have confirmed it back in writing to him following a phone conversation. He moved it as he does not carry out repairs to vehicles at his garage, so had been moved to a "specialist" to carry out whatever work needed to be done.    And in regards to suing him for less - the way I see it is, if we had the car at home, in working order, and we were to sell it privately, we would probably be looking to sell it for the current market value which was about £8-9K last time I looked. I just don't know if its worth the hassle of going about the £10k mark, and it go on fast track, and then potentially am faced with paying his legal bills etc
    • Sure...Ill take a look later or this evening.
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Moriarty Law / JC International Claimform - old Talk Talk Ltd debt***Claim Dismissed***


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Attempt 3!

 

My witness statement:

 

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

 

I make this Witness Statement in support of my defence dated 4th December 2017 and in response to the claimant’s claim dated 21st September 2017 which was submitted through County Court Business Centre.

 

1. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masse as portfolios at a much reduced cost to the amount claimed ...10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditors. The claimant then issues claims en masse with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged 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.

 

3. Background

 

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Talk Talk Ltd. On receipt of this claim I could not recall the precise details of any agreement or any debt, numerous years having passed since the alleged agreement date, and therefore reasonably sought clarity and information from the claimant.

 

I formally requested via CPR 31.14:

 

A copy of the original agreement;

A statement of account;

A copy of the terms and conditions as applicable at the time of the agreement;

A copy of any Default Notice/ termination notice;

A copy of any notice of assignment showing the claimant’s legal right to take action

 

Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

4. Disclosures

 

The claimant has supplied some documentation but has failed to comply fully with my formal requests.

The claimant has failed to provide:

 

A copy of the original agreement

A statement of the account showing completely and exactly how the amount claimed for has been reached

A copy of a default notice/termination notice

A copy of a legal notice of assignment showing the claimant’s legal right to take action.

 

I received copies (no originals) of three bills:

 

25th April 2014 - £120.74

26th May 2014 - £122.29

25th June 2014 - £102.67

 

All of the bills are for different amounts, with the June bill being less than the April bill. I find it hard to believe that the amount due could decrease over time unless a payment had been made. None of the bills state that they are the “Final Bill” or that the account has been closed.

 

Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

 

I also received a document purporting to be a ‘notice of assignment of debt’ however it is highly inconsistent in that, it is unsigned, it contains no formal company information e.g. company number and tax details and is not in the format of other letters that have been sent by the claimant. It also has “Reprint” in the background, which means in fact it could have easily been produced the day before it was sent to me for the purposes of this case.

 

Furthermore it is dated 28/05/2015 and this DIRECTLY contradicts the statement made in the particulars of claim, that notice was given on 31/03/2015.

 

 

5. Conclusion

 

The claimant has failed to comply with my formal requests, is in default and therefore I must assume that this is due to the claimant not having any of the above mentioned legally required documentation and has merely issued a speculative claim in the hope of obtaining an undefended default judgment.

 

 

Statement of Truth

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I also would like to know what happens if I don't receive their witness statement by the 1st June? 1st of June is 2 weeks before the hearing and it's in the judges directions to serve at least 14 days before. Can I report them?

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Yep

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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:thumb:

 

Inform the court that the claimant has failed to serve you as per the directions and ask if they have filed with court.....if not ask that sanctions be imposed.

 

 

Andy

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When I send the witness statement, do I just send it to the main court address? County Court at Leeds, Leeds Combined Court Centre, The Courthouse, 1 Oxford Row, Leeds, LS1 3BG. Or does it have to be sent to anyone/department in particular? Can't find the information

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and to the claimants sols

the court letter requesting your WS should tell you where to send it

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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court main address

make sure your ref claimform number

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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  • 3 weeks later...

The day has come for this to be decided, 2pm today is the time it's listed for.

 

Their witness statement landed on my door mat exactly 2 weeks ago, and theres nothing new in there, everything they've already sent before. They won't be coming so it'll be me and the judge. I'm just going to spend next couple of hours going over everything again and get my argument clear in my head.

 

Any tips would be appreciated, and wish me luck!

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Well just remember they never turn up if they do no little chats if they di!!

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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Moriarty Law dont do hearings/court..they have already stated and given notice as they do on all threads....CPR 27.9

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

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 The National Consumer Service

 

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

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It gives you an head start....no interference of being misled by their counsel ...just you ......hope you a get decent Judge

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

 

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:wink:.....never in doubt...well done.

 

Thread title amended to reflect the outcome.

 

Details.....?

 

 

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

 

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Well I walked in, the judge immediately said please have a seat.

He then explained why the claimant had no representation (not cost effective, etc).

He then said I've dismissed the case.

 

He'd dismissed the case before I'd even said anything.

His main reasoning was that there no original agreement, and so he couldn't say if a breach of contract had occurred.

He also said there was no default notice, or statement of account as to how I owed the alleged £102.

 

He agreed that the 3 bills they had provided were confusing as they were all different amounts.

And then he asked if I wanted to say or add anything.

I didn't know what to say other than thanking him for agreeing with me.

I was done in 5 minutes.

Edited by dx100uk
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:-) Decent District Judge then.....time they started attending a few claims rather than doing it on the cheap hoping for default judgment.

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 The National Consumer Service

 

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I bet for a lot of their claims it’s not worth sending a solicitor to the hearing, which makes me wonder why they bother taking legal action in the first place?

 

I guess the more cases they lose the better.

Judge said I’ll get a letter through the post with his decision and reasons so I’ll update the thread when I get it.

 

Thanks to all who have helped me with my success today, I’ll be making a donation too.

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" I’ll be making a donation too. " :yo:

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 The National Consumer Service

 

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

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you do realise 750'000 claimform are issued every year.

85% are default judgements because people moved and did not update their creditors

less than 1% are because they were ignored and not defended

 

you defended..easy win

 

thanks for the donation

 

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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