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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

Hoist/cohen claimform - ex EGG now barclaycard debt


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4 hours ago, dx100uk said:

 

go find a ws in the legal successes forum for your same player s there are loads relating to WON - No default notice.

adapt it 

take it with you 3 copies.

1 judge

1 cohen

1 for you.

 

you could email the court and cohen.

but its really very late to do so...

 

investigating the assignment is not needed.

 

there is no agreement there

just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet.

for those to BE a compliant Agreement there must be an online signup box with a tick in it

there also needs to be your printed name

and 

the time and date 

and

the IP address of the PC used.

these are fatal to their claim

 

there is NO DEFAULT NOTICE, that is FATAL to their claim.

 

plenty of examples of a defendants (your) WS's here already with exactly the above problems re T&C's and DN.

 

the above is what you want

you've already sent your defence, it was wrong. not SB'd.

so get a WS together that encompasses the above and rips their crap paperwork apart

and point to how important the lack of Default notice is to enforcement.

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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none you already filed your defence back in February

remember you said it was SB'd then found out after you filed it wasn't...

 

you are supposed to be making a WITNESS STATEMENT.

 

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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Solicitor suggested that it was an unlimited loan more like hire purchase citing balance transfers..

 

.I tried not to say too much or admit any liability and continued to say that I had no original documents or default notice...that all they had were assignment documents and that they had provided nothing within original timeframe for me to make an informed Witness Statement...no ticked box, name, signature, date (just a stamp saying 04/2008, and no IP address on Egg document in their bundle.

 

I kept repeating no. 3,4,5,6 above...went on a long time and he was in a rush but the Judge suggested that he could interpret the evidence as it is a County Court.

 

..judgement against myself the defendant..

.have to send proof of income to claimant and negotiate payment.

 

Thanks for the help none the less, the solicitor had to think about it and delved deep into Consumer Credit Act...

will make a donation as soon as possible...

 

I really appreciate all of your help, it's amazing generosity. I would just suggest that it is difficult for us as novices to really

 

understand how important particular "to do's" are, and it takes us time to follow the basic instructions/suggestions of 'CHECK CAG Library', or 'RESEARCH & READ File Threads' (in the library) {Navigating

the site is really tough and daunting for us beginners}.

 

Please don't take it personally as you are helping people for nothing, but it would really help if we the novices in panic and problems, could have a 'gravity' title above certain suggestions for example "IT'S (REALLY) IMPORTANT (TO DO THIS ASAP)".

 

It seems trifling but for people totally unfamiliar with the system here it would really help us to gauge on a scale how important certain things are.

 

I just explain this perspective in the hope of helping all involved as much as possible.

 

I will be making a contribution and want to thank you all very much once again for relieving a lot of panic as much as anything.

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On 30/11/2020 at 11:24, Gonadz said:

Notice of Allocation was in early August to the Small Claims track (Hearing) - not sure why but I didn't send any evidence...not sure if they paid the trial fee of £170 will phone the Court tomorrow...

 

Yes they did - 255 if I want to set aside with N.244.

 

Preparation is key...its not really about knowing all the laws and legalese... engaging with your thread and posting regularly at each step of the process...as highlighted above.....not leaving it 5 months. 

 

You could have turned this around with a well prepared witness statement...but because you didnt engage, everything becomes last min and a bit of a scramble and panic.

 

But many thanks for your proposed donation.

 

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Thanks again...I left it too long and paid the price. 

 

Another useful suggestion as all the pages look the same....

I thought I was on the thread page when I was actually on the private message page

(I'd bookmarked the PM page stupidly) so I couldn't see any replies.

Can I suggest a big Warning Sentence in BOLD or Capitals saying

BEWARE THIS IS NOT THE THREAD CHECK YOUR NOTIFICATIONS

Just a suggestion to help panicky users of the site who don't always think rationally.

 

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well its not a loan..

and had you followed the simple instructions here and just about any other claimform thread( of which there are 1000's

you would have done things properly, in the right order and in a timely matter to avoid the above ever happening.

 

not seen anyone have so much difficulty in understanding these things before here.

 

rather than faffing around on the site..why didn't you simply hit the link in the emails you get...much easier..

 

 

 

 

 

 

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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On what grounds ?

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 The National Consumer Service

 

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

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