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    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
    • Post #9 suggested some options to avoid or put off having a smart meter. Post #12 a simple solution to your complaint about the ay they handle fixed monthly DD. It's not really clear why you posted if you're going get irate when members "jump in" with suggestions. You can see what I'm referring to on "gasracker.uk" to allay your suspicion that I was lying in Post #16 which was made to correct ther misinformation shown in your Post #15
    • Back to octopus from the smart meter/tariff salesperson. Octopus have now said just ignore the letter - I dont have to have one despite there letter implying (at least) it was required, but that i will HAVE to have a smart meter if current meters stop working as 'their suppliers dont supply non smart meters any more'. They also say they do not/will not disable any smart functionality when they fit a smart meter I am of course going to challenge that. Thats their choice of meter fitter/supplier problem not mine
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1st credt/? Claimform - old Halifax credit card debt


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Thats not the full particulars of claim. That is a summary.

 

Particulars must have copies of documents they intend to rely on, and which are mentioned in the particulars.

Where is a copy of the default they are relying on (as mentioned on the claim).

What agreement provision has been broken?

What are the detailed pleadings?

 

CPR 16 (3.2) states these must be sent within 14 days but not later than 4 months after the date of issue of the claim form.

 

Clearly this CPR would be redundant if the "particulars of claim" on the claim form was sufficient.

The CPR is for the detail, taking into account that bulk filing online is not sufficient.

 

As regards your "puzzlement" I am still learning, and with other claims I did not know the infr which I have just found and posted, Likewise, puzzled as to why you didn't mention this in your responses. ;-)

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not sure what you ae going on about re CPR 16 (3.2)

 

the particulars are suffiaent and we've seen identical ones used from 1st credit numerous times that did not prevent defendants from submitting a claim nor a witness statement.

 

in all honesty you appears to be going down numerous unnecessary routes that are further complicating a very simple process

you need to get your WS done..and put the twaddle aside.

 

there are numerous examples here already of witness statements to compliment the defence you filed where the claimant needs to provide the required documentation.

 

your issue is you negated to send CCA/CPR, having done that before on a claim ….nuff said.

 

you could await their WS but if that doesn't come till close to the deadline then it might cause you issues

however you are a litigant in person and are given certain leeway.

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=1st+credit+The+claimant+is+the+assignee+of+a+debt+in+the+sum+of++assigned+on++&sa=Search+CAG

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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Disclosure comes after allocation...the claimant has not stated they will provide separate particulars so is not compelled to comply CPR 16 (3.2) is not applicable here. Whats stated on the claim form is all you need and no need need to make an application to disclose when they will be doing anytime now with their statement.

We could do with some help from you.

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ok, but any witness statement I draft will be so sparse it can't refer to anything, apart from what I remember when I applied for the card.

 

Im about to read some of yours, which I have done so in the past with great success.

 

Its just that in this particular case I have felt I don't have enough for a meaty ws.

 

Apologies for looking at avenues, but am genning up (i think thats the expression)

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quite usual for these cases

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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A witness statement is a witness statement...as a defendant its quite usual to sparse in particular in the absence of the claimants statement and no response to CPR etc etc.Its merely intended to particularise your initial defence...if your relying on the claimant to provide documents to make your statement more " meaty " this would suggest that you have little argument or defence to offer ?

 

Your dispute and argument should be clear from the offset...hence defending the claim .

 

 

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 OTHER

 

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