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    • Lining up my ducks and preparing my WS in advance. 1st draft below. Feedback appreciated. In the County Court at ************ Claim Number:***************** BETWEEN: Claimant: ********************** -and- Defendant: *********************** WITNESS STATEMENT OF ******************   I, *********, being the Defendant in this case, make this Witness Statement in support of my defence which is due to be heard on DATE at ************ County Court. I contest that the Claimant's claim is vague and unspecific. On DATE I made a written request to the Claimant requesting that the Claimant provides copies of all documents (true copy of the executed agreement and a copy of current terms and conditions encapsulating any variation) mentioned in the Statement of Case (Exhibit A). On DATE I made a written request to the Claimant Solicitors requesting that the Claimant provides copies of all documents (Credit Agreement, a copy of the Contractual payments under the terms of the agreement and the Default Notice) mentioned in the Statement of Case (Exhibit B). On DATE the Claimant’s Solicitors replied (Exhibit C) to my written request without the requested documents. On DATE the Claimant replied (Exhibit D) to my written request without the requested documents. The Claimants claim is based upon Defendants alleged breach of contract and therefore, the contract is entirely central to the Claimant’s case. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form. On DATE I contacted the Claimant and repeated my request for copies of documents as mentioned in the Statement of Case (Exhibit E). The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents or if they can provide originals for Court inspection. The claimant has provided a 'reconstituted' set of statements which are not original documents The Claimants pleaded case is that the Defendant entered into an agreement with ***************** under account reference ************, I am uncertain as to which account this refers to. It is accepted that I have had ****** Loans in the past, however, the account number given does not relate to any information I have, therefore, it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers. I believe that the facts stated in this witness statement are true. I therefore ask that the Court orders the Claimant to provide copies of the documents and if the Claimant is unable to comply the proceedings are struck. Statement of Truth I ************, the Defendant believe the matters set out in this Witness Statement are within my own knowledge, except where I indicate to the contrary. Signed: ________________________________ Dated: ________________________________
    • Brilliant, that's reassuring.  Off to the Hermes forum now.
    • No, I think UK will get same deal as EU.  Main reasons for this are two sectors,  Defence and Financial Services.  US have huge levels of money invested in the UK, so they have a self interest in offering a trade deal as good as the EU.
    • @labrat I'll bet it isn't the subframe itself that's broken. It'll be the subframe mounting bolt(s) that have sheared off inside it. Because the bolt is seized inside the subframe, it effectively renders the subframe scrap. I suspect the garage are simply talking in terms the average customer is more likely to understand than going into the detail of it. The Golf, Jetta and Beetle, which are all mechanically identical, are notorious for it.    A smaller independent garage may have tried to get the bolts out, but you very quickly reach the point where time/effort/cost is simply not worth it and replacement of the whole subframe is the better choice.   Of course the OP could approach a salvage yard, either local or online, and ask about the cost of a good used item, which would be substantially less expensive than what I assume is the price VW are charging for a replacement.
    • Applied for and awarded by BY in Sept 2020 still not received it yet Comments appreciated
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Cabot and old Cat Debt - NO CCA - now FOS upheld IRL Complaint Cabot start writing again.


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I CCA'd these last year and Mortimer Clarke said they couldn't produce the original agreement

they  cancelled my direct debit and said they would not be pursuing me until they could.

 

Now Cabot are chasing me.

Several phone calls, voicemails  a day and at least one letter a week.

 

They have now sent me a letter saying they would be sending an agent to the house.

I get that they are upping the anti because the debt becomes statute barred next August.

What do I say to them if they call to the house?

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doorsteppers like all DCA's are totally powerless and can never be a bailiff

 

if he does rock up

pick your phone up

put it in movie mode

and film yourself and him 

tell them to leave my property and do not return else you'll call police 101.

do not engage in any conversation.

 

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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Just ignore unless you receive a PAP letter. 

 

Chances are you will run out the clock and it will become SB'd.

 

 

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

 

If you want advice on your thread please PM me a link to your thread

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  • 1 year later...

I recently got an irresponsible lending case partially upheld by the FOS against a catalogue.

The final decision is that they must repay interest, fees, delivery costs etc from a certain date.

 

The debt had originally been sold to Cabot who I was repaying until, on advice from here, CCA'd them.

They cancelled my repayments as the debt was unenforceable.

They continued to send occasional requests for payment which I ignored.

 

Fast forward to my upheld case:

they have asked the catalogue firm to repurchase the debt of nearly £600 outstanding.

Cabot have contacted me today with an offer to wipe 70% of the outstanding debt with 30 days to decide.

 

I find this curious considering the catalogue company may be repurchasing the debt.

I'm not really sure what to make of it.

 

The final balance was over £1700 of which I paid £1100.

Would it mean that remaining £600 disappear from the equation in any redress calculations if I did pay off the reduced balance? (I shan't by the way).

 

I'm not sure whether to inform the Ombudsman of Cabot's move.

The catalogue have not responded to the adjudicator's decision yet. 

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  • dx100uk changed the title to Cabot and old Cat Debt - NO CCA - now FOS upheld IRL Complaint Cabot start writing again.

threads merged for history

well dont on the IRL win

thats a good result against a cat company 

tell us more.

 

you are under no obligation to pay cabot anything.

as stated before

 

ignore them until/unless you get a letter of claim.

 

 

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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Thanks!

I've had several successes in the past 4 years or so which stemmed from a financially difficult part of my life around 2011/13.

 

I was financially trapped with Quick Quid, in a cycle of increased borrowing,

during this I'd opened

three catalogue accounts: Studio, JD Williams and Simply Be ,

2 credit cards (Aqua and Barclays) and was juggling finances.

 

In that time I had got 2 CCJs plus 2 defaults so things were pretty tight.

I was using most of my available credit until things eventually became unsustainable.

 

When I moved house I used the deposit to pay off Quick Quid and got into arrangements to repay the catalogues. The credit card limit was still rising until 2017 when I borrowed the balance of nearly £6000 from a family member and cleared the Aqua card. The Barclaycard had already defaulted.

 

In 2017 I began action for irresponsible lending against Quick Quid.

they could not show the criteria they used to make lending decisions and kept lending to me so I won the case.

I was refunded all interest and fees  and charges plus 8% pa. When it was upheld it gave me the confidence to challenge JDW and SB.

 

These were also upheld and they had to repay interest, fees and charges plus 8% from the second credit limit increase which amounted to about £1200 each.

 

I challenged Aqua where my redress covering 6 years fees, interest and charges accrued to nearly £9000. 

 

Barclaycard was not upheld but the default was moved back to an earlier date meaning it expires sooner. 

 

All my IRL cases succeeded because none of these companies could prove that they had diligently checked my financial history. My credit report clearly showed that I was using a high or at limit proportion of available credit and that I'd accrued two unconnected CCJ's and 2 defaults throughout the lives of these accounts.

 

Whether they should have given me the accounts in the first place was also brought into question but it was the sustained but gradual increase of CL's time and time again without proper checks.

 

JDW were unable or unwilling to show the ombudsman what criteria they used.

It only appeared that because I paid on time they continued to offer increases where in reality I was actually juggling finances like a fine balancing act. 

 

It would appear that the FOS are looking at catalogue debt as I know when my cases against JDW and SB were being investigated they mentioned this. 

 

My case against Studio should conclude soon.

I was curious as to why now Cabot are trying to cut their losses by offering such a hefty discount.

I can only surmise that Studio are trying to buy back the debt for less.  

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great story thank you.

glad all the resources were here to help all these wins.

 

 

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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