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    • 1st Draft - reviewed several statements    I was a bit unsure about adding more about the section 78, although they took a very long time the did provide the CCA - any help appreciated    In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant     I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.   1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of 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 purchase’s 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. It is accepted that I have in the past had financial dealings with HBOS. That being a Credit card Agreement.   4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   6. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request for the alleged amount.    7. A Letter before claim pursuant to Pre Action Protocol was issued by the claimant 06/09/2019. I made a request for the following documents:   ·         A copy of the Default Notice ·         A copy of the Notice of assignment ·         A complete set of statements detailing exactly how the debt has accrued detailing ·         All transactions ·        Any additional charges applied since the account was terminated ·         A statement  of all payments received.   The claimant to date has failed to comply completely with my request and has not provided me with the required Default Notice.      8 .On the 13/11/19 the claimant issued a claim form through the county court business centre. On receipt of the claim form I made a CPR 31.14 request.    9. A CPR 31.14 request was sent 25/11/2019 via Royal Mail signed for and shows as received 27/11/19. A Request for the following documents was made:   ·            Default Notice ·            Full statement of account     The claimant to date has failed to comply and disclose the default notice.   Conclusion   To date no Default Notice has been produced.    The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant.   Arbitration confirmed that the claimant could not produce the Default notice document    Therefore for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.   Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974.    I **********, the defendant, believe that the facts stated in the witness statement are true.     Signed…………………………. Dated……………………………
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bs0lth

Housing benefit question

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Can anyone help me.

 

My daughters boyfriend is about to be evicted on Thursday, we tried to fight it but it was upheld today and it's brough forward a couple of questions.

 

He's currently getting housing benefit because he works only 16 hours a week, until this week he was only getting a percentage of his rent, now my first question is this, is it a set amount he gets or is it a percentage of his rent? I don't know if I'm explaining it well. But his rent was £95 per week and he had to pay £35 of it. Is this a percentage of the rent taking into account his earnings or is it a set amount?

 

The second question, is that he's been offered a flat that will become vacant on the 27th of October. Is he allowed to start the process of claiming housing benefit and the disgressionary council payments straight away. I know that it will take time for the payments to be worked out and started so can he start the claim even though he's not going to be actually living there until the current tenants vacate the premises.

 

Thanks in advance

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What I should also said is that his new rents £450 per month, going on the previous housing benefit if his weekly rent is £103 per week will the housing benefit be £60 per week leaving him to find the rest?

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Ok, different question.

 

Daughters boyfriend again, is about to be evicted n Thursday. If I take him in he's going to be 45 miles away from work. He doesn't drive, and the bus will cost him over £20 per day to get to work.... Coincide ring he works 4 hrs a day at £7.50 per hour this isn't going to be feesable and he's going to loose his job.

 

Is the pending homelessness a valid reason for not being able to get to work? And could he be able to claim JSA?

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I've scoured the web and council websites and actually think I've found the answer to the question myself.

 

It looks like it's a set amount of £63 per week housing benefit leaving him to find the rest. However the is the discressionary payment which he will have to apply separately for but there is no guarantee because once the council have used them up that's it for the year.

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