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    • Hi there, Just a query regarding Savvy. I took out a loan with them in October 2019 for £750. This would be repaid over 52 weeks at £28.27 per week. I maintained payments on a regular basis until 20th March 2020 by which time I had paid a total of £565.40 (20 repayments of £28.27. I notified Savvy by live chat that I had been furloughed on 23rd March and would struggle too make repayments. i also emailed them on 27th March with confirmation of my furlough. They asked for Income/expenditure - not unreasonable but the template they asked me to use was shocking to say the least. I then sent them my own version drafted with help from National Debtline. This is a self service budget that I can amend and save as necessary.   Long story short and I am now back in work and my wages are back to normal. However, i am required to move house for personal reasons and the current landlord wanting the house back - well notified so there is no issue there. I have also kept Savvy up to date, especially as my family have suffered mental health issues in the early part of this year. Again i have notified Savvy, filled in a new IE form. This is the response I received.   Thank you for your email.   I have updated the income and expenditure form based on the information you have provided which shows you have a minus disposable income of £66.86, we allow £50.00 emergency cash which leaves a minus disposable income of minus £116.86.   Can you please confirm how you make up the deficit each month?   When the loan was issued in October 2019 an income and expenditure form was completed with you, can you please confirm the reason the following has increased.   Rent/ Mortgage has increased by £1,162.00   Housekeeping has increased by £580.00   Household Bills has increased by £507.40   Car/ Travel has increased by £123.80   Social has increased by £150.00.   Due to the changes to your financial circumstances we would need to see a 90 day copy of your bank statement.   Please find below a link to a system we use calls open banking, please click on the link and log in your online banking details this will automatically generate a 90 day bank statement.   LINK REMOVED.   I have placed your account on hold until the 12th August to allow time for the bank statement to be sent in.   They have now issued a default notice.   Any advice would be greatly appreciated before I initiate a complaint against Savvy. I have maintained reduced monthly payments in line with what I can afford. Is it reasonable for Savvy to ask for access to my bank statements. They did not ask for them when I took out their loan.  
    • Click on the SAR link. They will send you everything, that they have on you, screen shot's , emails, etc.  You will be looking for, and will easily find the date that a default notice was sent out, and sold to Cabot. If the default date is before your last payment date then it will be statute barred in 3 months.   Providing the DCA has your current address I really don't think you have anything to worry about. 
    • Is it possible to see my defaults from over 5 years ago anywhere. Not showing on my credit file. I downloaded the whole thing from experian. 
    • Do I just try to say I haven't received there correspondence and ask them to send it recorded delivery and hang it out until 2021?
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Maketa79

Case management/witness testimony help sought please.

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SuperVillain - I absolutely like your pseudonym. 

I hope you and your family are well in these unprecedented times.

 

Thank you for your kindness in responding to my post, I was beginning to get concerned that I had not received a response. 

 

I cannot thank you enough for the useful and practical information you have provided. 

Please be rest assured that every detail you have noted is of value to me in this case. 

 

No, I do not expect the defendant's witnesses to cooperate with me in the slightest as they are not moral people.

So the additional guidance you have provided about preparing a witness summary is very pertinent. 

Thank you very much once again. 

Best wishes. Maketa79

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How do I present evidence to show the Court that payments were made by the Defendant into my bank account over a period of just under 2 - years in part settlement of a loan?

 

Hello CAG fellow members.

 

(i) I have a case which is set for a hearing in the next couple of months.

I intend to show to the Court that the Defendant, who is denying the existence of the loan, did in fact pay most of the loan repayments, although there is still a considerable proportion left to pay.

 

The repayments were made over a period of just under 2 - years.

I have a schedule of all the repayments the Defendant made. 

 

However, since the payments were made into my bank account, I have closed the account and I no longer have access to on-line bank statements. 

 

(ii) How do address the Court Judge please in the Small Claims Court - do I say 'Your Honour'?

 

I would be grateful for some suggestions as to how I can navigate this situation please.  I hope you can help.

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sir will do.

get an sar running to your old bank.

you can inc and refer to them in your witness statement as long as you inc them as marked exhibits..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hello dx100uk and thank you for taking the time and trouble to read my post, and for providing some helpful steer which will be of much use to me. I will prepare a SAR right away.

Many thanks once again.

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don't forget ctax bill if you've moved since you had the bank a/c...

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Defendant denies loan entirely in defence statement despite acknowledging it in an earlier e-mail (which they have presumably forgotten about),

 

then admits loan but offers to pay a third of the outstanding balance during mediation which I declined

- can I mention what the Defendant said in mediation in my testimony, now that the case is going to trial?

 

Hello fellow CAG members:

1.  I would be grateful if you could please take a moment or two to read my post and see if you can help me please.  I have summarised and underlined my query above.

2.  I would be grateful if anyone could share with me the format of a witness summary as required in the case of an unwilling or hostile witness. 

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You can’t use what was said in mediation.

 

You most certainly can use the email, and use it to show them to be an unreliable witness.

 

No need to say they are lying, just point out the discrepancy.

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Hello BazzaS and thank you very much for taking the trouble and time to read my post and provide a reply which will be of tremendous help to me as I embark on my first 'litigant in person' case.  I am truly grateful to you.

 

Kind regards.  Maketa79

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cant deny it at all if you have bank statements proving payments...

 

pretty damning if you have those....


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thank you dx100uk.

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I thank the Consumer Action Group Members for getting me this far in my case which is still in progress.

 

Situation:

The Court has reversed earlier permission for me to rely on witness summaries. 

 

The question upon which I am seeking help, please,  is

- do I need to bother myself as to why the Court has reversed permission to rely on witness summaries? 

If so, what line of logic or law can might I follow because clearly, the Court has said one thing and then another a few weeks later, of its own motion, the Court has reversed the earlier decision. I find this development quite extraordinary in the sense that as a result of being granted permission earlier, I served the three Witness Summons which had the Court stamp.

 

Background

Having given me permission to serve 'Witness Summons' which I served on 3 hostile witnesses several weeks ago, the Court has now reversed it's earlier decision, and refused me permission to rely on 'witness summaries' pursuant to paragraph 32.9(2), citing that I have not shown steps taken to obtain witness statements from the 3 hostile witnesses.  I however, made two attempts to talk to the hostile witnesses who have been non responsive and I can evidence this.

 

I would be immensely grateful for some steer from Forum Members, please.

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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 thread please PM me a link to your thread

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Hello Andyorch and thank you for taking the time and trouble to read my post and respond to it. I wondered whether you would please clarify the link you have posted as this leads me to the CPR pages to which I was directed earlier by other Forum Members.  This has been the basis of my approach in applying to the Court for the submission of 'witness summaries' and seeking permission to serve 'Witness Summons'.

 

Is there any information you think I might have omitted? I would be grateful for some steer please.  With thanks.

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If you could redact upload the order which reverses the order CPR 32(a) is not grounds to deny the request.


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 thread please PM me a link to your thread

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Hello Andyorch - thank you once again.  I have uploaded (I hope) a redacted file comprising 2 x pages which I trust are self-explanatory.  Just so you are aware, I have made various attempts to communicate with the 'hostile' witnesses to no avail. You will also note from the Order that the Court has struck out the Defendant's counterclaim which is great news.  But the Defendant has implicated her relatives in her 'defence' hence the need for having them as witnesses.  I just thought I should clarify and contextualise. Many thanks once again. [Attached - Redacted_Files].Redacted_File.pdf

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Upload unavailable.


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 thread please PM me a link to your thread

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Sorry Andyorch - something must have gone wrong. Hopefully this time it will work. Thank you once again - copy of redacted file should hopefully appear below.  I will post this message and then test that the document can be opened.

Redacted_files2.pdf

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You did have 7 days from the 26th June to set it a side varied or stayed...why have you have not queried it with the court before now ?


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 thread please PM me a link to your thread

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Hello Andyorch - thank you once again. In answer to your question, the Order arrived last Friday when the letter was put through the door. I will call the Court tomorrow.  Thank you.

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