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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
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CWD - PAP Letter re old UAE debt now claim form


Hornsey62
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Exactly 

 

That's what this site is for isn't it..helping each other.

 

I just hope this thread helps other people to decide what to do in the same situation whatever the outcome is.

 

On ‎20‎/‎03‎/‎2019 at 21:25, Andyorch said:

But sometimes we remember when they come back with another problem........😎

 

Maybe Andy but I've never seen anyone not get advice. No matter what the problem is ☺

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yep that's us

couldn't care if it was my worst enemy still help

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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Do you people know that it is against the UAE Central Banks Laws for Banks to take blank cheques? 

 

Specifically, Article 15, Section B of UAE Central Bank regulations NoUAE banks violating blank cheque regulations.pdf.29/2011, states that: “Banks and finance
companies are prohibited from taking blank cheques for granting loans or overdraft facilities, or for issuing credit
cards.”

 

Prohibited = Forbidden

 

This has been the case since 2011.

 

This may shed some light on why UAE Banks do not press for judgements in the UAE. Because they know if they have subsequently used such cheques/security to press criminal charges, they have breached UAE Law... (reliance on such in a UAE Court would be foolish however... each a law to their own) 

 

Attempting to then use the UK courts, albeit that the matter should be heard under UAE law, is somewhat underhand.

 

Not something CWD would share with you... or are likely to have worked out given they are pathetic.

 

This automatically creates a dispute..... even if you have signed such a cheque.... 

 

I have attached an article and the UAE Central Bank regulations are an easy google.

 

Have fun.

 

:)

 

Edited by Versus
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Thank you for that information. 

 

I'm going to look in to that now.

 

Seems central bank is getting lots of complaints re  irresponsible lending and high interest and charges.

 

Seems then they wash their hands of unpaid debts and let the UK Deal with them!  With the help of CWD who can make a killing on collecting by playing on people's fear.

 

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that's all dca's can do on any debt.

and if they find a few mugs

it pays for all the staffs xmas holidays.

 

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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So whats the contents of their bundle ?  Never heard of a bundle being used in an application to determine jurisdiction.They have already submitted their statement an evidence.

We could do with some help from you.

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Whats the breakdown on their costs ?

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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Review defendant application £50

 

Review and consideration of issues (cag website etc) £200

 

Research and consider authorities on issues. Review and collate exhibit drafting and amending witness statement. £1425.

 

Reviewing file and collating bundle £150

 

Copying andi preparing hearing Bundle  £105

 

Research Barristers for hearing £125

 

Preparing brief to counsel £350

 

Preparing statements of costs  £75

 

Barrister  £850

 

Costs of letters, emails and telephone calls £1052

 

 

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And no Barristers fee ? 

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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I was going to refer to their WS but notice its been pulled and not available...do they request costs within their statement ?

We could do with some help from you.

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Assuming the T&Cs of the agreement contain a contractual costs indemnity.It is rare for costs to be assessed on the indemnity basis and they will only be awarded by the court if there are specific factors which justify them..... hinging around Civil Procedure Rule 44.3 

 

What time is your hearing tomorrow ?

We could do with some help from you.

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Okay well best of luck and keep calm...its for the court and them to argue it out if the court has jurisdiction..to decide if foreign law can be tried in an English Court ....you have simply followed CPR and made an application to test it.

 

Your not on trial..no doubt you will update your thread at your earliest convenience.

 

Andy

We could do with some help from you.

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Outrageous. These are bullying tactics. (familiar with them) 

 

Did the court give any directions? This is in my view extremely contentious that they should send these at his time. Nevertheless they have.

 

The amending witness statement costs is a total joke... If no directions wee given then it was their choice to draft the first set. 

 

As Andy says stick by your Guns.... the biggest gun in the room is the judge.... 

 

I would be tempted if the opportunity arises though to expose these grotesque tactics.... but do so in a calm way. 

 

Finally. Prepare your own costs statement. 

 

 

 

 

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Yes good luck also mate. Wish I could be there in person. To bring these a******* down ! Don’t give in and yes all the abuse suffered should be mentioned it’s unfair of not and the fact that CWD and IDRWW use step change etc and other for advice yet they know nothing about it. 

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1 hour ago, Hornsey62 said:

Review defendant application £50

 

Review and consideration of issues (cag website etc) £200

 

Research and consider authorities on issues. Review and collate exhibit drafting and amending witness statement. £1425.

 

Reviewing file and collating bundle £150

 

Copying andi preparing hearing Bundle  £105

 

Research Barristers for hearing £125

 

Preparing brief to counsel £350

 

Preparing statements of costs  £75

 

Barrister  £850

 

Costs of letters, emails and telephone calls £1052

 

 

 

 

Did you have any opportunity to dig deep on this action when the Bank clearly state that the debt has been written off? 

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No directions given by court to either party..I rang the court and checked this.

 

All made up costs of which there is no proof of anything. Telephone costs? They have never phoned me.

 

Well aware of their tactics..have read all about them in the newspaper.

 

 

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