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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    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 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.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   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.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to 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 defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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Barclays re-mortgage, enforcing an FOS ruling in my favour


sharpgun
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The fact that your clients have only just woken up and instructed you is no concern of mine. It is simply a further demonstration of their poor attitude to the interests of their customers and also their disregard for decisions made by the financial ombudsman service

 

You refer to a "short delay" but I notice that you are unwilling to give any kind of commitment. Your letter is littered with "as soon as possible" and "in due course". But the ombudsman's instructions are clear. So are the courts powers under the FMSA 2000.

There is nothing to consider no negotiation to be had and no compromises to be made - so why the delay? 

 

To add to the problem, your clients are acting in direct defiance to the ombudsman's direction by adding alleged arrears to the mortgage total and increasing the monthly payment. 

 

If it was simply a question of money that hadn't been paid, I would agree. There would be no question of prejudice. However, we are talking here about damage to my credit file which has gone on now for well over a year and a half.

 

Your clients may not care about their own reputation but I certainly care about mine.

 

The damage to my credit reputation is totally without justification.

 

It is unfair treatment not to mention inaccurate data processing. It is continuing and your clients are wilfully exacerbating the problem. It's not clear to me whether they are doing this deliberately or simply because of their ineptitude. Do you know? 

 

Because you have made me feel sorry for you I'll give you an extra week.

 

I'm quite happy that you share these documents with the court. Especially your admission that your clients have only just now instructed you despite the fact that this matter has been ongoing for a considerable time.


Frankly I would have thought that it would be in your client's interest not to reveal how slack their attitude and procedures are – but that's a matter for you. And incidentally, there will be no question of costs if you simply don't try to put any response or defence.


The ombudsman's decision is binding and there's actually no reason for you to get involved except to hold a dialogue with your client and tell them to get a move on.
If your clients instruct you to get involved, then it will be completely unnecessary.

This is not a contentious matter. There will be no need for an injunction if your client simply did what they were told by the ombudsman – which they will eventually have to do anyway.

 

I'm preparing the form N322 to apply for an ex parte injunction as we speak.

 

Legal proceedings for statutory breaches of FCA regulations and also the Data Protection Act will follow once your clients have complied with the FOS direction – whether they do it voluntarily or they are forced to by the court. 

 

So don't come back and say you didn't know about that either. 

 

Regards, 

 

 

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Separately from the enforcement of the ombudsman's decision, I think we need to start looking at your losses generally in respect of this so that we can have an idea of the value of a future court action.

This shouldn't distract you from the current procedure to enforce the ombudsman's direction, but we may as well start thinking about it.

Once again, I'm not totally familiar with what has happened here. Have you post up the ombudsman's decision somewhere? Could you post it again or link us to the post in which you uploaded it.

I understand that the ombudsman wanted them to pay you £2000. They eventually did. But what was the date that the payment was ordered and what was the date that it was paid? You should be entitled to 8% interest on the £2000 for as long as it wasn't paid.

That's just for starters

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The biggest problem I’ve had is my business has not been able to get any loans because they do a credit check on the directora and because of my credit file I haven’t been able to get one

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In addition to the interest payments I've referred to above, we will need to make a complete list of all the damage that you consider that you have suffered since the bank's failure to implement the ombudsman's direction.

The £2000 was recommended to address injury that you had suffered at a particular point of time. We now have to understand the continuing injury which you have suffered since their failure to obey the ombudsman's direction.

You need to list all damage you have suffered. Obviously the potential damage to your business is serious and you need to analyse that and understand what it has cost you in extra credit or lost business opportunities because of your inability to get loans.

We need to understand your actual losses – or else we need to attribute a money value the inconveniences or disadvantages to which you have been put – either you personally or your business. Since the date that the direction should have been obeyed.

 

I think it would be worth opening up a new thread to deal with these ancillary losses. I think we should restrict this thread to dealing with the implementation of the ombudsman's direction

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I had forgotten about this

 

 

 

see if you can learn anything from it. Unfortunately the claimant is being very unhelpfully unwilling to provide much information

 

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Sorry. My fault – corrected

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:lol:

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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Posted (edited)

Ok I will copy the letter word for wordthis is what they said

 

 

to assist with your search please can you provide the following 

 

telephone numbers you called 

telephone number you called from

date of call

time of call

staff member you spoke to

 

please note we are less likely to be able to locate calls more than 12 months old and all calls are provide on cd 

if you are able to provide the above details send them to bla bla bla

Edited by sharpgun
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I would write to them and point out that your SAR did not set any limits and that you want all personal data and there was nothing selective about it.

Point out that if their filing system is in such a mess then they will find themselves in breach of the data protection rules and also it probably explains why they're making such a pigs ear of complying with the FOS direction which is soon to be the subject of a separate legal proceedings.

 

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got an email on Friday From the fos saying that they have a request from Barclays on how to ament the mortgage and I am to give them a further two weeks. From last Friday. 

 

A also replied to Barclays in regards to the sar stating that they have ten days left as the original sar was sent on the 8th July. And I also informed them that I want all data and failure to supply would result in court action. 

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I think you mean that the SR was sent on 8 June.

 



In terms of the FOS request that you extend the deadline for action, you should write to them and agree.

You should also write to the solicitors and tell them that as you have now been approached by the FOS to extend the deadline, you are prepared to do that as a gesture of goodwill but that they should understand that the letter of claim is still in force and the clock is still ticking.

 

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