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    • Paper trail off the original creditor often confirms the default and issue of a notice...not having or being able to disclose the actual copy or being able to produce a copy less so.
    • Including Default Notice Andy? Ok, I think this is the best I can do.. it all makes sense with references to their WS. They have included exhibits that dates don't match the WS about them, small but still.. if you're going to reference letters giving dates, then the exhibits should be correct, no? I know I redacted them too much, but one of the dates differs to the WS by a few months. IN THE ******** County Court Claim No. [***] BETWEEN: LC Asset 2 S.A.R.L CLAIMANT AND [***] DEFENDANT ************ _________________________ ________ WITNESS STATEMENT OF [***] _________________________ ________ I, [***], being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in this claim. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income as confirmed in the claimant’s witness statement exhibit by way of the Deed of Assignment. 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. 2. The Claim relates to an alleged Credit Card agreement between the Defendant and Bank of Scotland plc. Save insofar of any admittance it is accepted that the Defendant has had contractual agreements with Bank of Scotland plc in the past, the Defendant is unaware as to what alleged debt the Claimant refers. 3. The Defendant requested a copy of the CCA on the 24/12/2022 along with the standard fee of £1.00 postal order, to which the defendant received a reply from the Claimant dated 06/02/2023. To this date, the Claimant has failed to disclose a valid agreement and proof as per their claim that this is enforceable, that Default Notice and Notice of Assignment were sent to and received by the Defendant, on which their claim relies. The Claimant is put to strict proof to verify and confirm that the exhibit *** is a true copy of the agreement and are the true Terms and Conditions as issued at the time of inception of the online application and execution of the agreement. 4. Point 3 is noted. The Claimant pleads that a default notice has been served upon the defendant as evidenced by Exhibit [***]. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 5. Point 6 is noted and disputed. The Defendant cannot recall ever having received the notice of assignment as evidenced in the exhibit marked ***. The claimant is put to strict proof to verify the service of the above in accordance with s136 and s196 Law of Property Act 1925. 6. Point 11 is noted and disputed. See 3. 7. Point 12 is noted, the Defendant doesn’t recall receiving contact where documentation is provided as per the Claimants obligations under CCA. In addition, the Claimant pleads letters were sent on dates given, yet those are not the letters evidenced in their exhibits *** 8. Point 13 is noted and denied. Claimant is put to strict proof to prove allegations. 9. The Claimant did not provide a true copy of the CCA in response to the Defendants request of 24/12/2022. The Claimant further claims that the documents are sufficient to pursue a Judgement and are therefore copies of original documents in their possession. Conclusion 10. Without the Claimant providing a valid true copy of the executed Credit agreement that complies with the CCA, the Claimant has no grounds on which to enforce this alleged debt. 11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant by way of a Section 78 request. The Claimant failed to comply. I can only assume as this was due to the Claimant not having any enforceable documentation and issuing a claim in hope of an undefended default judgment.   Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in it’s truth. Signed: _________________________ _______ Dated: _____________________
    • AMEX and TSB the 2 Creditors who you need to worry about the least, ever!  Just stop paying them and forget about it, ignore all their threat o gram letters.  Only if, and with these 2 it's a massive if, you end up with a claim form you need to respond, and there will be plenty of help here.
    • No, nothing from Barclays. Turns out i have 2 accounts on here, and i posted originally on the other one. Sorry about that.  
    • Always send with proof of posting from your Post Office, so there is a trail. Conversations , are designed to intimidate into paying, Emails are designed as another way of bombarding. Only EVER communicate in writing, by post.  
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Help! Any advice?!! L'il Me v's big scary barclays..


bozzie
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I am a little further down the track than you.

 

They were late with their AQ.

My Judge gave them a further 7 days to get it in of their defence would be struck out.

 

They still got it in after the second deadline.

 

I receive judgement that they had to pay up by the 10th of April.

 

Still no money in my account .

 

See ADE&FAB V Woolwich.

 

If anyone can answer my question there please do so as I am now at a standstill.

Woolwich N1 issued 15.01.07 £11k

Acknowledged 01.02.07

Defence Filed 15.02.07

AQ Filed 21.02.07

AQ Deadline 05.03.07

Woolwich AQ late, given till 16.03.07

29.03.07, Judgement rec, woolwich to pay up by 10.04.07

Money received 16.04.07

 

Nationwide MCOL issued 22.01.07 £1k

Settled in full 05.02.07:D

Account being closed

Appeared on Watchdog 20.02.07

 

Abbey Issue MCOL £5k 24.01.07

Defence Filed 21.02.07

29.03.07, AQ hearing set for 20.04.07 with other like cases.

11.04.07, Full settlement letter received for £5,769.12

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dar3n

 

ADE&FAB v Woolwich

 

does that help

Woolwich N1 issued 15.01.07 £11k

Acknowledged 01.02.07

Defence Filed 15.02.07

AQ Filed 21.02.07

AQ Deadline 05.03.07

Woolwich AQ late, given till 16.03.07

29.03.07, Judgement rec, woolwich to pay up by 10.04.07

Money received 16.04.07

 

Nationwide MCOL issued 22.01.07 £1k

Settled in full 05.02.07:D

Account being closed

Appeared on Watchdog 20.02.07

 

Abbey Issue MCOL £5k 24.01.07

Defence Filed 21.02.07

29.03.07, AQ hearing set for 20.04.07 with other like cases.

11.04.07, Full settlement letter received for £5,769.12

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Done, thanks

Woolwich N1 issued 15.01.07 £11k

Acknowledged 01.02.07

Defence Filed 15.02.07

AQ Filed 21.02.07

AQ Deadline 05.03.07

Woolwich AQ late, given till 16.03.07

29.03.07, Judgement rec, woolwich to pay up by 10.04.07

Money received 16.04.07

 

Nationwide MCOL issued 22.01.07 £1k

Settled in full 05.02.07:D

Account being closed

Appeared on Watchdog 20.02.07

 

Abbey Issue MCOL £5k 24.01.07

Defence Filed 21.02.07

29.03.07, AQ hearing set for 20.04.07 with other like cases.

11.04.07, Full settlement letter received for £5,769.12

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Hi again!

 

Thanks dar3n - will have a look at that link and get this questionnaire out of the way.

 

At the risk of sounding ridiculously stupid - again - (who me? never!)

 

Am i right in thinking i need to be getting a court bundle ready about now? I'm not sure if it needs to be submitted at the same time as the questionnaire?!

 

Can someone please explain to me in plain old english what should be in it?!

 

I had a look at a link on here.... I'm getting that bitten off more than i can chew feeling :Cry:

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Me again.

 

Im just wading through the allocation questionnaire, trying to get myself organised.

 

Thanks dar3n, the link was really helpful.

 

Still no response from barclays regarding my letter asking them to sette - has anyone else heard anything, is it just me being ignored?! lol.

 

Im trying to do some serious swotting today, theres a couple of things -

 

the draft order of directions says you should send in Copies of any statement or other document relied upon as showing that each and every charge has been made - does that mean that you need to send in copies of statements going back 6 years in addition to the spreadsheet of charges?

 

Thank you once again in advance for any help you can offer!

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bozzie, this is referring to your court bundle

and no its not all the sheets of statements, just the ones showing the charges.

An upto date SOC.

 

if you get stuck shout up ok

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Happy sunday everyone.

 

I'm just doing the final copy of the aq ready to hand in this week (in my bestest handwriting lol) and just thought i'd check:

 

Where it asks what amount of the claim is in dispute - the link on here says to put total value of claim plus interest but NOT costs - does that mean i dont add the mcol fee in here, or just the cost of the questionnaire?

 

Any help will me most gratefully received!

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  • 3 weeks later...

Hi again

 

I'm back and looking for more advice!! (thought you'd got rid of me didn't you?! lol)

 

Just to update received letter from my local court today (16th may) ordering that:

 

the claimant shall within 14 days of service of this order send to the defendant and to the court:

 

a) a schedule setting out each charge repayment of which is sought showing the date, amount, and reason given (if any) for that charge being made;

b) copies of any statement or other document relied upon as showing that each and every charge has been made;

c) a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) copies of decided cases and other legal materials to be relied upon

 

Or i will be struck off. I mean out. Without further order etc etc.

 

Now here come the questions!

 

Think im ok with parts a and b (my spreadsheet of charges, and copies of bank statements showing the charges?!)

 

Can anyone advise me as to parts c and d? The statement of evidence and copies of decided cases and other legal materials?

 

Please please please!

 

Thank you thank you thank you!

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Oh and is it right that i haven't actually got a court date yet?!!

 

They are asking for me to submit this within 14 days of the date of the letter - but there is no mention of a a hearing date?!

 

:confused:

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I think the court would have sent some directions to Barclays aswell as you asking them to produce documents to the court that they will rely on in court, so it might be worth giving them a call saying ' as I am assure you are aware the court has asked us to supply evidence which we will rely on, just thought I would give you a chance to settle before I submit my documents, being the nice person that I am!!!';)

I could be wrong but I really think if they are asking you for stuff they have got to be asking Barclays too, so ring em!!!

Tori:)

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Good thinking batwoman! lol

 

The letter ive got states that:

 

the defendant shall within 14 days thereafter file and serve a response to the claimants schedule, etc etc

 

So they might not have their letter yet...

 

I've only ever used the 0845 telephone banking number - do i ring that and ask for a certain department, or is there a specific number to call does anybody know?

 

Got questions for every occasion me!

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Hey Bozzie,

dar3n on his signature has the number for Krysten and she seems to be nice and wil put you through to whoever is dealing with your claim. Glad my thinking helps you, you have GOTTA let me know how you get on!!!!! Go get ya money!!!!:D

Tori:)

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Am i right in thinking you're at a similar stage to me Torigirl?

 

(although it has to be said my memory is not my best feature!)

 

Hows your claim going?

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Can you tell me why participants have to use such stupid language - what is wrong with good Engish -so many silly abbreviations, commas, apostrophies [is that right] - it all seems so juvenile.

 

Perhaps I am just a crotchety old dear. Love to everybody.

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