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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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Want to VT advantage finance car but it needs work


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Hi all

I had a car via advantage finance and I've had nothing but trouble.  It's been in and out of the local garage like a yoyo 

Now there are starting problems and a eps warning light on the dash. The mot is up in 3 weeks 

 

Finance company has agreed to VT but the car has to be in reasonable condition 

 

So do I pay for an mot and any work that needs to be done before returning the car or return the car and wait for them to send me the repairs bill

 

They have confirmed I have 0 to pay to return the car

Thanks

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Please can you tell us when you bought the car, was it in good condition when you bought it or has it simply deteriorated since you purchased it?

How much did you pay for the car? And you may as well tell us the make and model just in case we need to know that.

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I got the car in 2018

In good condition for £ 2400 plus the interest £1263 and fees £325

Proton savvy 2010 model 

Only 12000 on the clock

It's now got 30000 on the clock 

 

It's been a nightmare 

For the last12 months I've had problems starting it. Some days it dont start

I've had new 

Head gasket 

Coils and sparks 

New crank shaft indicator 

Battery

Rear bearings 

And still there are days it doesn't start

Now a warning light has come on which I think is traction control 

 

I have to do 60 mile round trip to work and cant afford any more time off with this damn car

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So you're saying the car only had 12,000 miles on the clock when you bought it in 2018. That seems extremely low. Are you sure that is the genuine mileage for a car which was about eight years old when you bought it?

When in 2018 did you buy?
What date did you have all this work done – particularly the head gasket and the bearings?

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Miles were genuine got the most

Bought in march 2018

All the work has been done with in the last months

I cant get another car on finance as my credit score is kaput

My employer can loan me a grand to get another car but I could end up with a duff the same 

I'm not sure just to get the work done and keep it

Nighmare 

 

Last 12 months work has been done 

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I think the best thing you can do is to get the condition of it assessed by a garage and also a quotation for the work. Then come back here.

If you end up returning it to the finance company in its present condition, at least you will have an independent quotation for the cost of repairs. You can be certain that the finance company will try to rip you off and you will then be up to challenge them because you will have your independent quotations. I suggest that you get to assessments.

These quotations will allow you to make a decision as to whether or not to have the work done and also to challenge the finance company if you decide not to have the work done and then they try to hit you with an unrealistic assessment.

On the basis of "reasonable condition", you may well find that they want the car in a very good condition. However, you bought an old car for a very cheap price and you have since more than doubled the mileage which is a reasonable thing to do. So this then amounts to wear and tear.

 

When the finance company says "reasonable condition" they have to accept that they want in reasonable condition for a car of that age and of that price. They are entitled to expect anything more.

Get the assessment of its condition and then we will help you challenge them if they start making unreasonable demands

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Be careful about booking in. You aren't asking for the work to be done. You are simply asking for an assessment and a price quotation. Two of them will be better than one.

 

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Well reasonable condition doesn't necessarily mean that an MOT must be done. If it's towards the end of its MOT for that year then that's just too bad for the finance company

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Oh ok.  Well it currently wont start to get to the shop

I think the finance company need to just get it on a tow truck and take it out of my sight and I'll deal with the aftermath. 

The problem is 3 different mechanics haven't been able to find the issue hence all of the changed parts

All in vain 

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If you don't get quotations for the work then you will find yourself in a very difficult position if the finance company decide to chase you for repairs.

I'm afraid I think it's a very bad idea to let the car go without the condition and repair bill being assessed.

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urm..sorry

you don't have to MOT it.

And

you were not liable for any of those repair bills..its not YOUR CAR.

 

advantage can't charge you a bean for anything they find 'wrong' with it.

neither can they charge you for collection of the car.

 

if they get nasty later 

simply state that in the (less than 2yrs) you've had THEIR car

you've spent £1000's repairing xx faults

and can they please refund those bills

 

 

 

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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