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    • Hi dx and thank you so much for replying:)   Original debt was an Adams store card we were paying for years way back   at least 10 years ago we fell into financial difficulties we asked to pay creations lower payments they agreed then a year later doubled the interest.   We stopped paying and went to the FCA  my partner then received court papers through the door, I can not remember the year but this was quite a few years ago.   we believed the court case would not go ahead as we were contesting the balance -it still went to court and the balance doubled.   As we were going through quite a bit of stress at the time we just filled out the paperwork and were then sent the paperwork for the CCJ judgement of £30 pr mth we have never missed  a payment   Is it best to not overpay and just stick to £30?
    • being mugged blind.   the judge set the £PCM level no-one bar the judge can change that.   Drydens are ARRows so don't fall for their silly games.   whats the CCJ all about please   what was the debt and who was the original creditor? who was the claimant and when was the CCJ attained? did you defend the CCJ and file a defence or was it a backdoor default judgement to an old address he knew nothing about     dx
    • Well that was handy, the auto link to the small claims thread has answered that question! 
    • Hi   Just read your post#40   What has surprised me is usually a Housing Association would prolong something like this and not admit any wrongdoing but in this case with that response they have held there hands up admitted those staff should not have done what they done in they way they done it to obtain your address.   1. They have offered a full apology and £100 compensation which will be off set with your arrears.   2. They are also retraining there collections teams.   3. As this is only at Stage 1 of there Complaints Procedure I am surprised they held there hands up but due to your complaint it has made changes to the collections teams procedures/re training, you got a full apology and compensation of £100 although off set to your arrears.   4. They have Upheld your Complaint   What they won't tell you is those staff that didn't follow correct procedure will be repremanded for there actions but as it is an internal business matter you are not entitled to the information.   What you will also not be aware of is your Complaint will now be offically recorded on there system that it was Upheld and the reason for your complaint and the actions they took and when the Regulator does an Inspection they will be able to view all the recorded/Upheld complaints.   IMO you have been given a good offer with the above but that is just my opinion.              
    • Hoping someone knowledgeable can help me .   My partner has a CCJ for several years now, the court set the instalments at £30PCM that we have always paid in fact some months we overpay just to try and clear it quicker.   Quite a while ago we received a letter from Dryden Fairfax to advise the debt had been passed to them from Arrow Global and they would like the payments to increase to £50. We ignored this as its a CCJ , my way of thinking the payments can not be reviewed .   This month for the first time in ages only £30 was paid two days before the due date of the 28th April.  A letter was received dated the 7th May 2021 saying the payment due on the 28th April had been missed and we have failed to maintain the payments.   We rang Drydens who said in Feb 2020 we had agreed to increase the payments to £50 therefore £30 was not enough (even though at least two months of 2020 we only paid £30)   We are now worried as my partner is not currently working the outstanding balance is quite high can they claim the CCJ has been defaulted if the court agreed instalments have been maintained?   As you can imagine this has made us both very anxious.  
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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.

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

 

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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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