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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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Was told that I would receive no early termination fee, then charged one by O2


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I received the following email from O2:

 

Quote

 

I eventually found a way to contact them, they really do not make it easy, and called to cancel my contract. I was asked by the, equally frustrated, representative if the change affected me, I said 'yes', finally got a PAC and left them, absolutely never to return.

 

Now I find they are charging me the early termination fee and that there is no record on my account of me telling them that the change to my contract would affect me (apparently a condition of leaving without an early termination fee).

 

So, where do I stand, is this statement over the phone that the change affects me, actually important, even though it does not mention it as a condition in their email?

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You need to give as much more information about the date they gave you notice of the changes, the day you finally called them.

What has happened now? Are they threatening you? Have you checked your credit file?

I'm afraid that we can't form any opinions on the scant details that you have told us

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Apologies.

 

I recieved the email 'An important update about your mobile tariff' with the no termination fee details mentioned on 24 06 2021

 

I called to terminate/get a PAC code on 14 07 2021

 

Today I noticed that there is a payment for the full amount about to be taken out of my bank account, and today an agent on instant chat told me that when I requested my PAC over the phone on 14th the agent did not note that I had said that the change would affect me, this last requirement seems pretty flimsy and wasn't mentioned in the email.

 

I wanted to find out if I could safely block this at my bank before payment is taken as I have no confidence in O2

 

 

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If you have got the written notification from them that you can terminate within 30 days without incurring charges then I think that is quite good enough.

I would certainly attempt to block the charge with the bank. However I can imagine the bank won't be happy with it and you will have to be very insistent and if they refuse then you should immediately tell them that you are making a complaint which you want taken to the ombudsman. Get a reference number.

Is your payment simply by direct debit or is it using a card? If the payment is being taken against a regular card number then you should be able to arrange a chargeback if there are any problems. The bank may try to say that is a contract – and you will have to say that it is not and that you have written evidence that you will not incur charges and they have breached their promise.

If the whole thing goes on and you end up losing your money then tell us here.

If you manage to block the payment then no doubt they will start getting very nasty and very heavy and we will help you there as well.

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they seem to be disregarding that and only focussing on the point that the agent, when I asked for a PAC, did not note that I had said the contract change would affect me.

 

thank you

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I'm sorry but I asked you a number of questions and you haven't addressed any of them.
For us to help you, you would need to give us the information we ask for

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Hi BankFodder

I answered a couple of your quentions, but now that you have confirmed that the info in the email is important I'll use that and call them tomorrow.

 

If they insist that I didn't confirm that the change of contract would affect me and that the email meant nothing I'll talk to my bank.

 

I don't want to take up anymore of your time until I get their response tomorrow

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read our customer service guide.  If you recorded your calls then you wouldn't have this problem.  You've been here since 2008

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