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    • More or less.......was pre action protocol followed ?     No the assignment is legally valid and very rare you will prove this otherwise...failure of the original creditor to serve a valid default notice renders the claim invalid by the assignee because of  section 87(1) CCA1974.   87Need for default notice (1)Service of a notice on the debtor or hirer in accordance with section 88 (a " default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement.— (a)to terminate the agreement, or (b)to demand earlier payment of any sum, or (c)to recover possession of any goods or land, or (d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security.     Consumer Credit Act 1974 WWW.LEGISLATION.GOV.UK       Now with the above in mind have a go at your draft witness statement and get it posted here.
    • Thank you, honeybee, noted.    I will change it 'please allow me'.. Also, I did not have a chance to buy any tickets yet, only on Wednesday upon my return home. They caught me on that Wednesday in the morning.   I can make a screen short for them of my season ticket in 2020 plus some evidence from contactless card that I was paying from my card for the transport. I was not using it quite often though as mostly was working recently from home.. Please advise re card's charges for TFL..
    • I personally wouldn't send it....regarded as tit for tat once litigation is in process...nor are you legally required to converse with the opposing party during the process unless it vis a mediation or the court has directed it.   Save anything  further for statement's or skeletons if directed by the court.   Andy.     .
    • Hi there, husband has had pay increase confirmed which would enable us to pay arrears plus interest on mortgage balance at this point.  He’s also waiting confirmation of a consultancy retainer which he may get today/tomorrow which would be another £1250 a month but obvs that’s not a certainty yet. Given that our income has now effectively doubled and will increase as we build our business back up, what do you think the chances are if judge letting us make these reduced payments while we continue to improve things when he’ll be able to see things are moving positively?  If we were able to change to an interest only mortgage with sale of property as repayment vehicle as is offered to other customers, we could easily afford it going forward plus pay extra on top even if we were relying solely on his employed job. The “only” sticking point is the arrears but if they were capitalised we’d be fine. We have more than enough equity to pay it all off and buy another property (we’re in a 5 bed atm so would be looking to downsize). Santander refusing to consider this or any other proposal other than full immediate repayment of arrears and possession even though they’ve not given us a written reply to our proposals of payment and change of terms (paras 5.5 and 5.6 of pre-action protocol). Their solicitors have also said that we haven’t made any proposals and that therefore they haven’t rejected any but a member of staff at Santander told me over the phone our proposal of interest only wouldn’t be accepted having in the same conversation told me that potentially an arrangement could be agreed. Funnily enough, having asked for a copy of phone calls made (after solicitors claimed they hadn’t been able to contact us), the recording of the day I discussed a potential temporary arrangement with regards interest only-part interest/part capital that could potentially halt legal proceedings was missing from the disc and “hadn’t been able to be traced” for some reason.   
    • So my bulleted defence is:   i)  No Defualt Notice served on Defendant by Original Creditor ii) failures by Original Creditor renders the assignment defective? iii) Service never provided by Provider... now liquidated iv) Claim should be dismissed   any more than that?    
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Have you looked in the first direct section of the site? It is nerve wrecking at first, however the support and guidance is here for when you need it. Have a look over the FAQS and the step by step process (links below ) and get to understand it all before you start anything!

 

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All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

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Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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