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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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Speeding fine from Holland


Guest Gertie100
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Guest Gertie100

My boss has just received what he thinks is a speeding fine from Holland. He was driving a hire car at the time and believed that he got flashed speeding.

However his view is that why should the onus be on him to get the document translated and respond?

Anyone had experience of this?

 

Thank you all!

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Well, they've probably debited his CC with a fee for forwarding the Penalty ticket to him, and as EU driving fines are enforceable in the UK (but not points, as yet) it might be cheaper to look for a € amount ant pay it. The Dutch are pretty good at dealing with English!

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Guest Gertie100

I'll tell him to check his cc statement...

blacksheep, totally agree with you - he is just in a beligerant (??) mood today!!!!!!

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They're enforceable as a liability on the motorist -and the DVLA already give your information on request, but it is up to the individual country to decide whether to take you to court in your own country, and many do not (although your registration can be stored and if you return, a police check can result in further nastiness). Hire car companies, will always supply the data required, and they may also take the cost off the fine too if levied by an administration.

 

There is action pending for UK councils to have a reciprocal deal with their EU counterparts, have a look here;

 

Information Sharing across Europe Vital to Prevent Motorists Flouting Traffic Laws - 05/02/2007

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Aaah, it reminds me of my old days living in Greece... As they knew there's no way they'd get the money off foreign tourists, they used to unscrew your number plates, and the only way to get them back was to go and pay the fine at the police station. Now that's what I call affirmative action. :-D

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Guest Gertie100

I did pre-warn him that the next time he goes to Holland he will probably be arrested!!!!!!!!!!

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Because it was a hire car, he'd probably be OK! The issue of fines is usually dealt with on-the-spot with a fine, which saves all this bother. Of course, its taken a long time before we jumped on the bandwagon. Every other country will prevent your progress until you pay, so it seems reasonable for us to do the same to them!

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Your boss wont get arrested that easily (maybe a shame???) depends on how fast he was doing. He might get stopped and have to pay than and there. And if he was really speeding he might loose his licence (although not sure if they can do it to foreigners).

In general it is that if you are over 40km/hr of the speedlimit (so say 90km in 50km zone) than they will take your car and you licence and you are stuck :), but I think for foreigners they just get very hefty fine, payable either by cash or credit card. So tell your boss that next time he goes he needs to have his CC with him :)

 

Oh and if you need some help in translating part of the document I am happy to help :D

 

LMS (dutch girl)

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Guest Gertie100

He's now arguing that the company should pay his fine - can of worms anyone?

Thanks all!

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My OH had this only a few weeks ago, he had someone who was dutch translate it, it wasnt a huge amount but it costs about £25 to pay it into the account stated. But you have to pay it - even if it was a hire care paid for by your firm. Its not a good idea not to

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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My boss has just received what he thinks is a speeding fine from Holland. He was driving a hire car at the time and believed that he got flashed speeding.

However his view is that why should the onus be on him to get the document translated and respond?

Anyone had experience of this?

 

Thank you all!

 

In the Netherlands there are two official languages, Dutch and English. He can simply send it back to the Dutch authorities and ask for an English version.

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EU driving fines are enforceable in the UK (but not points, as yet) it might be cheaper to look for a € amount ant pay it. The Dutch are pretty good at dealing with English!

 

Not many other countries actually have points.

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I have spent a lot of time in dubai we have an office there.

 

For interest they are most civilised in respect of speeding and parking offences.

 

Basically speeding costs 150dirhams around £25. You dont pay on the spot they send you a ticket and you can pay striaght away and get a discount. You can do this either in person or there are machinces in some of the malls to pay at.

 

Or you can leave it and pay at the end of the year when you re register your car.

 

Incidentally they did try a points kind of system but they dropped it, it was mainly rich locals getting banned and it wasnt appreicated.

 

its the same thing with parking fines too, trouble is it can make registering your car quite expensive if you 'save' them up.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

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MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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