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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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lindsay22
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i had a thread a while back basically my other half got a loan from welcome finance he then had an accident and was unable to work, he had ppi which was mis-sold as he was told no ppi no loan...anyway they added charges on etc and what was a £2000 loan ended up resulting in a ccj for £5585 even though he had already paid £795 off the loan, most of the amount is ppi and charges, he tried to make a payment plan with welcome befor they went for the ccj. after several letters of complaint to them as they had applied for a charging order this is the reply.

 

dear ******i am writing with referance to the various letters of complaint, which have been passed to me to reveiw due to there complexity, and i would like to take this opportunity to address each of these as a seperate entity.

firstly, payment protection insurance is optional and is only provided after a comprehensive review of a customers currant circumstances and future needs. as stated in previous correspondence, this ppi provides cover for self employed customers and i have enclosed with this letter copies of various documents which have been signed by yourself to confirm the reasons for purchase and that you were aware that it was optional.

however if you beleive that this insurance is now no longer appropiate for your current circumstances, then i can arrange a pro-rata refund upon written confirmation from you.

secondly, i have reviewed the fees added to your account and would confirm that these have bben correctly applied in accordance with the attached legal agreement. however as a gesture of goodwill and without any admission of liability on behalf of welcome financial services i am willing to refund all of these fees to help resolve your complaint.

finally i am unable to accept your offer of £2528.50 to settle the account, but taking into consideration the circumstances detailed in your various letters would be prepared to consider an increased offer.

i hope this letter goes some way in restoring your faith with welcome finance and look forward to hearing from you in due course.

 

they have not complied with the cca it has been over 30 days they have only sent a bad one sided photocopy, no terms and conditions no ppi policy which we also requested. so they have offer to knock the charges off the stop the ppi so what will happen as the ccj has been issued???

 

i need to write back to welcome finance and would greatly apreciate some advice as to what to write back?????

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Do you mean CCJ (as in judgement) or has a CLAIM been issued?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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i know theres not much i can do as they have alreday issued the ccj, but i did want the terms and conditions of the ppi which they have failed to produce...they issued the ccj in jan 07, and we have been disputing the amount with welcome as per the above letter they have agreed to return the charges and cancel the ppi pro rata, they have not given a final amount? as the ccj is for £5585 and they have agreed to take the fees off etc that will reduce the amount of the ccj. so i am now confused as to how they will go abount getting the amount changed on the ccj???

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My understanding is that in order for the CCJ amount to be corrected, it would have to be set aside and a new CCJ entered for the new amount.

 

I am going through a similar situation at the moment. If you agree to get the refund of charges etc, if you have been charged interest to date on the CCJ, then this amount would be incorrect also because it would have been based on the old amount.

 

The main disadvantage is that a new CCJ would then sit on your file for six years after the date it would be entered.

 

Needless to say it would probably be best to leave the CCJ be and take the goodwill gesture if you are happy with that.

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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