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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...    
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    • 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
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Apple: Can I do a credit card chargeback for this issue?


FelixFelix
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This is the back story, please scroll down for the question on the chargeback, thank you.

 

In october I purchased with my Mastercard a new apple ipad air 4 from apple. At the same time I bought an apple pencil from amazon.

 

Unfortunately within a few weeks of use I realised the apple pencil was defective and had damaged my new ipad (its a known issue with users but apple don't formally acknowledge it which is typical for them)

 

I spoke to apple on an online chat, sent images and they agreed online to replace both products.

I had to go to an apple store to do this but was assured I would get the swap.

 

When I got to the shop they disputed the online decision but agreed to return and refund the full cost of the ipad as they could not provide me with a replacement unit due to no stock. I was told that the funds would be back on my card in a few days and that I could go ahead and just buy another ipad from another retailer if I could find one as they were fast selling out. I did this fully expecting my refund to go through within the week. That was on the 29th of Novemeber. They told me to return the pencil to amazon, who refunded me straight away.

 

After a week and no refund I contacted apple who told me the shop had made an error in how they put my refund through, I was transferred to the store who told me they are unable put the refund through again and they had to pass it to their financial team. I was then told I would have the money in 10 days but probably much sooner.

 

Well it was 10 days yesterday and still no refund, I called apple again who advised that it was actually 10 working days I had to wait (so the 22nd of Dec) and that their was nothing they could do, they told me they could not give me any update or contect me to the finance team.

 

I have been waiting nearly three weeks for my refund now and I have little faith it will actually show up by next tuesday and then if it doesn't all they will do is escalate it to finance again and I'll have to wait another working days for them to sort it out.

 

Chargeback Query?

Somebody mentioned that I might be able to do a chargeback on my credit card to get the money back from apple but I am not sure if this is possible.

 

Apple took payment of £579.00 on October the 18th when I pre-ordered my ipad, so perhaps that is too long ago?

I have the receipt apple gave me when they returned the ipad with the amount that was due to be refunded and a copy of the transcript for the chat where apple initially agreed to replace both products, although that never happened in the end due to low stock.

 

Do you think I could do a charge back for this case?

If so how would I go about it, do I just call my credit card provider?

 

Also should I give apple till Tuesday to actually refund my money or do I just start the chargeback now if possible?

 
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