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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...    
    • 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
    • I will need to find the original two letters. It wasn’t that long ago so they can’t have gone far 🙄   but nobody remembers this pcn which makes me wonder about the date. I will check. 
    • Electricians generally do a good job and we all need them from time to time.  However, none of us would employ an electrician to change a light bulb, we'd do it ourselves.   The small claims courts is designed to be informal and to discourage the use of solicitors.   What we can't understand is why you are paying a solicitor huge sums to do things you could easily do yourself.
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Driving school review - Drive2us.com instructor threatening to sue me


purple_rain
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Hello everyone,

 

I left a review for a driving school and they're threatening me with legal action based on the fact that it's defamatory.

 

 

I contacted the school owner regarding this and they said eventually they responded.

They said they'd email me the policy.

They haven't.

 

I said I was leaving a review in regards to my experience i.e. I think my instructor is unethical, I didn't feel comfortable and they were slow to respond to queries.

Happy to provide a link or copy the review and response in here.

 

He's since said I've withheld payment but was only made aware I owed them money a few hours ago.

He's left a response full of lies saying I was deliberately withholding money.

I have what he's said to me in text.

 

Can he really sue me?

Can I take this to the media to local newspapers to warn others?

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  • dx100uk changed the title to Driving school review - instructor threatening to sue me

If what you said in the review was true then it wasn't defamatory. Please will you link us to the review

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Name and shame and we will add it to your thread title.

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

 

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

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I will name and shame but I need to know the legal standing in terms of leaving a review. He's been texting me all day with insulting personal comments. Calling me a stroppy teenager.

 

I work, I care, I haven't verbally attacked him. Not sure why he thinks I'm a stroppy teenager. He had almost a month to respond with the information I asked for. I don't understand how companies can behave like this.

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we have already said that as long as it's what you have posted is true then there is no defamation and there is no problem without posting it. I'm not sure there is more that we can say.

 

Please post a link to the review

 

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I'm very sorry but it's not possible for anyone to know whether it is based on fact – other than yourself and anybody else who witnessed it which must mean the driving instructor.

If it is based on fact then it is true. If it's not true then clearly it's not based on fact and it is something else.

Please will you link us to the review – otherwise this thread is becoming senseless

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  • Andyorch changed the title to Driving school review - Drive2us.com instructor threatening to sue me

??

 

why don't you post a link to YOUR complain directly

rather than 2 google searches that don't specify WHICH link we need to click??

 

dx

 

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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4 hours ago, dx100uk said:

??

 

why don't you post a link to YOUR complain directly

rather than 2 google searches that don't specify WHICH link we need to click??

 

dx

 

It's the only place I have complained or written a review on. I have text messages from him but that's about it.

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I left a review on google. I don't know how to link a specific review and I thought I had linked the review section. Like I said, I haven't reviewed him anywhere else. I only have irate text messages from him regarding these reviews. He said he's getting them removed. Not sure if he can. 

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I don’t get it. So your complaint was about something the instructor told you about making another student pay for damage to his car in a lesson?  And you asked him to send the company policy that allowed him to do that and he didn’t? 
 

Do you know the other student (and if not do you know if it’s actually true that he made that student, or was it just something the instructor was saying)?

 

I’m not sure why you needed to take to google to complain, but putting that aside however bank fodder is spot on, if it’s true you have nothing to worry about. 

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  I asked the owner of the driving school for the policy after what the instructor told me because I didn't think it sounded right given that learner drivers have instructors there for a reason. 

The instructor should be in control of the vehicle but yes the instructor told me and none of what I said was a lie.

 

No I don't know the student but the instructor was adamant the student should have paid.

 

Primarily, I wanted to know if I could potentially in a similar position.

Maybe you don't feel I was within my right to leave a review but as far as I know this is what reviews are there for. 

 

Put it this way, if there was nothing wrong with making a student pay for damages why would the owner lie about it in his response or not want people to know. I didn't want to be held responsible for damage during a lesson, especially because I didn't think I would be.

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