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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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Dg Solicitors Stalling Again


Makalu
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Hi Folks. Just had a letter for DG Solicitors which may have a slip up in it and say's the following:

 

"Our client has passed to us the Claim Form which you have issued detailed above. In order that we may investigate your claim with our client we shall be pleased if you provide us with a fully itemised breakdown of the amount claimed within your Claim Form. In this repect, and by way of example of the information we are seeking, we require an itemised list of the date of the charge, description of the charge and value of the charge together with a note of the interest, if any, you have claimed. At this juncture we are unable to address your claim without the information sought and which will serve to delay any potential resolution of this matter."

 

We have sent the bank the spreadsheet from this website on 3 separate occasions now and my understanding of the above is that the CAG spreadsheet gives all the information they require; so two things strike me immediately;

 

1. This is obviously a stalling tactic again as the bank have the informaion already. Though I also understand that, as we have a court date, this will not delay proceedings, I will forward yet another copy.

 

2. At 3 separate points in that letter they refer to 'Charges' not 'fees'. Is this significant in view of the banks defence being that they levy fees for service provided and not charges? If so, would a copy of this letter be useful to the forum for other claimants?

 

Keeping the faith

 

Makalu

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i think everybody gets the same letter from DG, i know i recieved one the same as this. i didnt notice they called them charges before though, well spotted. i sent them a list of charges and said if they need any more info on my account they should contact HSBC as they have the details of my charges in more depth because they placed them on my account.

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Thanks, it certainly was no surprise to receive it. However, I would be interested to hear from anyone regarding this use of the word charge. If its important, that would be great, especially if there are lots of these letters kicking around!

 

Regards Makalu

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I've had the same thoughts myself, as all of mine are merely listed as "Total Charges" on the statements that I've downloaded from the HSBC website.

 

I'm not professing to be an expert but my own opinion is that DG have been careful with their terminology. The word 'charge' does not, in itself, imply that it's a penalty. Infact the OED lists the meaning of the word 'charge' as "a demand (an amount) as a price for a service rendered or goods supplied".

 

Now, if they had referred to a 'penalty charge' you may be on to something, but I would hazard a guess that they wouldn't be so remiss as to do that.

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