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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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Refund request from Solicitor


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On October 2008 I made my will with a local solicitor and paid for it.

 

 

At the time I also paid for my wife to make a will out, she never did for various reasons.

I have asked the solicitor for a refund. They seem reluctant to do so. They are asking for proof of sending the funds, a case number then they will 'look in to it'

I have give them the date and made my will out, my address at the time and advised they should be able to find the details from that.

 

Any help in this matter would be appreciated - I  do get the opinion i'm being given the run around.

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1 hour ago, Paul Walton said:

...At the time I also paid for my wife to make a will out, she never did for various reasons...

 

Not being funny, but is that your solicitor's fault?  Have they actually refused to draft your wife's will when she asked them to do so, or is it she who has refused (I presume) your request to make a will?  If you pay someone in advance to draft a will for a third party, you can't really blame them if the third party refuses to comply by not asking them to do so.

 

So long as the solicitors continue to provide a will writing service to your wife but she refuses to comply, you have no complaint against the solicitors.  They can provide the service you have requested - not their fault if your wife refuses to use that service!

 

I have to ask - who would purchase a will writing service on behalf of a third party without the third party's agreement that they would comply? 🤣

 

[Apologies if the above might offend people who hold certain cultural, social or religious beliefs - but we live in 21st century UK]

 

 

 

 

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You are correct in one thing. You're not being funny. 

 

At the time we had both decided to have mirror wills, that's why I paid. 

 

My wife is now dead.

 

So, in future desist in making wrong assumptions and using childish emojis. Just stick to the matter in hand and answer questions.

 

 

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Well in those circumstances I would argue that it is no longer possible for the solicitor to provide the contracted service and I would have thought the agreement was frustrated.  In which case I would have thought you should be able to get a refund from them.

 

If you are unable to provide the evidence they are asking for, have you discussed it with them?  (It may well be that providing them with the date that they did your will and with your address at the time is not sufficient for them to trace either your payment or what it was for.  It may seem unlikely but it may be entirely possible.  Do you not have any other official documentation from them accompanying your will or referring to what any payment was for that would assist them in tracing it?  Not even a receipt or an invoice from them?)

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