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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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Vexatious Defenders


Ian0263
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Hi all,

Great Forum, full of info. I'm currently at the allocation stage at County Court - In order to prepare a back up plan (if Lloydstsb play true to form), I would like to play the Vexatious Defenders card - can anyone provide me with a breakdown (or a location thereof) of their actual court appearances and last minute settlements. This is pretty much a plan B, since a month without money tends to lead to desperation............

Ian

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 3 weeks later...

Update on my case,tried the route, Hartlepool CC have issued me with the N24, which reads as follows:

 

Before District Judge.......... Sitting at Hartlepool County Court, The Law Courts, Victoria Road Hartlepool, TS24 8BS.

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

Unless the Defendant do file their allocation questionnaire on or before 29 June 2007 the defence be struck out and the Claimant be at liberty to request judgement.Dated 19 June 2007

 

From what I read, unless they put their allocation questionnaire in in time, I'm virtually in the home stretch?

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the chances are they are going to pay, i'm in a similar position i was awarded a disclosure notice so lloyds have to tell the judge how the charge is made up against everyone of my charges, they have the 4th to reply which we know they wont but if they dont pay up ive then got to apply for judgement

 

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All I can say is 'Hals und Beinbruch' for your case, and possibly this time next month, we'll both know - great feeliing being on the home stretch.

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All I can say is 'Hals und Beinbruch' for your case,

 

and that means what ?????:???:

 

It's an old German Cavalry tradition that it's bad luck to wish someone good luck (like the theatre) - 'Hals Und Beinbruch' literally means 'May you break your legs and neck'. The German Fliers of WWI used to say goodbye that way before any missions.

Sorry if I confused:oops:

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Subject to SCM not filing, on the 29 June 2007, write to the court requesting a strike out and judgement as here (post 24 onwards):

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/75003-lozzer-lloyds-tsb-4000-a-2.html#post927621

 

Due to Lloydstsb not filing their AQ in time - the Defence has been Struck Out - just have to file the N205A and wait.......

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Hi Ian

 

Im also taking lloyds to court in Hartlepool, i will keep watching your thread, nice to know theres someone else in town on here. Good luck :)

 

Sue

Sue - I would suggest you take the same route I did - HCC is getting a bit tired of the bank's timewasting.

Ian

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Hi Ian Thanks for advice. Last week court ordered me to send off more info to bank and re serve so i sent a new poc and updated schedule on 26th. Saturday got 1st letter of SC&M dated 27th asking for more info in order to enter into a settlement. ?? Letter is on my thread. Ive just sent today a letter back to SC&M answering their questions and copy of my new POC and schedule. They have till the 13th July to put in new defence. Im just hoping that as Lloyds have instructed SC&M to get more info as they may they may settle soon??? If not i wait for them to put in new defence and i may get a court date? not as far on as you Ian but it will be interesting to see what the judge does. :D

French connection -V- lloyds TSB

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You were at roughly the same point Sue - I had basically the same judgement (and JP by the looks)- Ltsb had to file their AQ at HCC by Friday last (29th) - it didn't happen. I can now move on to the Claim stage. Which will be filed 2day

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  • 2 weeks later...

Well,

Got the Judgement on Monday - the JP has awarded all I asked for - the date of compliance was 5th Jul, the date it was Issued. How do I take it further?

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