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    • Your point 4 deals with that and puts them to strict proof .....but realistically they are not in a position to state that within their particulars they were not the creditor at the time of default but naturally assume the OC would have...so always worth challenging and if you get a DJ who knows his onions on the day may ask for further evidence from the OC internal accounts system. 
    • I see, shame, I think if a claim is 'someone was served' then proof of that should be mandatory. Appreciate your input into the WS whenever you get chance, thanks in advance
    • 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. Creditors are not compelled to keep copies of the actual default notice so you will in most cases get a reconstituted version but must contain accurate figures/dates/format.     .    
    • 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.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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oh so sorry woolley i never meant u love it was the male at the bottom i was on about :Dyour very welcome to our group the more the merrier now men need to be vetted by our queen first and then the master xxxkia ps what has happened to our guard lord icy hes supposed to be on sentry duty has he done a bunk t or what ;)oh icy ...... where are u :D

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Think Lord Icycle is a little busy right now Kia ..... what with 11 claims, a thread on stays and a wedding to plan .... he's got his hands full. We'll have to forgive him this time .................... and the intruder scarpered pretty quick, so no harm done.

 

Just keep your eyes open in case he comes back.

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woolley youve got my vote love how are you with leather biker gear and yashmaks ;)as were now biker angels are we not master :Dall must swear undying loyality to the master and give gifts of hairy wurthers and mouldy grapes as ordered by Queen Txxxkia

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You'll have to excuse the Bob - he get's everywhere if you get my meaning. Bit of a soft spot for the square one, not sure whether he likes leather though. When we went on rallies we were called a strange name of the 'Grimley Fiendish' nice pic on side of leather jacket, used to ride bike in cowboy boots, black leggings, t shirt and said leather. Wicked!

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Woolley ................. the Angels are as mad as a box of frogs so if you're off the wall you'll fit like a glove.

 

 

Merlin ...... yes, Camelot rings a bell although ....................... last incarnation I think was Salem, which is why I'm so witchy now, I enjoyed it so much I came back for another shot.

 

 

Can't speak for the other Angels mind you ............ you'd have to consult the Harem Master about the rest of the girlies.

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Def not male free .............................. unless Charleyfarley (our Harem Master) and chief biker ... objects to other men joining in ................ he'll be along later so I'll ask.

 

Until then, welcome to the strange zone ..... may your stay be long, interesting and full of incident and humour.

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Hurry up & decide Knelly K......there's a queue forming for rosettes!!

 

I know where I'd like charleyfarley to pin mine!!!!;) ;) :p:D

 

 

VF, u should be ashamed of yrself girly..... throwing yrself around like that!!! :p

And anyway, i was here first AND ive got cowboy boots, bet u havent, nah nah nah nah nah!!!!!

 

xxxxxxxxxxxxxxxxxxxxxxxxxx

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I like mad house - got one here at minute - competing with the young ones upstairs with how loud music can be - sad one is flat out and oblivious at moment. Had a good gelling moment (not hair stuff) with said sons mates, quite proud actually, thing i'm well:cool:

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bonnie love hiya how are u were missing u on msn love and u j welcome woolley and bob to the mad house may u enjoy your stay and be a bit madder after it :Dxxxkia

 

Hi kia, im ok ta!!!! been busy on here with things but wil catch up with u soon!!!! Hope yr feeling better!! ;)

xxxxxxxxxxxxxxxx

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Mme Wooleycat,

I don't find black too sinister, I and most males find it quite appealing. What I find spooky is when black becomes Total, i.e. black fingernails, black lipstick, eyes darker than a panda's and .....white makeup!!!!!

 

Cowboy boots are fine as long as you remember to remove your spurs before going to bed! Always wondered something, if you wear cowboy boots, are your feet shaped to fit into the ends of the boots?

 

Finally thanks for letting me pop by.

 

Perhaps, (if the banks cough up, and I can get back on the road on two wheels again), our paths might just meet one day.

 

Easy Rider

 

motorcycle-quote-15.jpg

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When I rode free and easy it was leather jacket and jeans, the tassels were a pain because they flicked everywhere so got done away with, treated myself to leather pants once, but they creaked and squeeked so much it became an embarassment to walk around. Now that the call of the road has become too strong to resist I'm determined to roll down the highway once again (even if it means that the car has to go). Price of bike gear is horrendous, so will just make do with being me again and using what I've got rather than looking like the green x man. There's nothing like a bit of wind and rain to keep the spirits flowing.

 

Hog Tied (at the minute)

xxx

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Cowboy boots are fine as long as you remember to remove your spurs before going to bed! Always wondered something, if you wear cowboy boots, are your feet shaped to fit into the ends of the boots?

 

 

Hi bob, I knew i was doing something wrong!!!! Been waking every morning with the sheets in tatters, now i know why, thanx!!!

My feet are small and cute so fit perfectly into the ends of my boots, match made in heaven!!! :p

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treated myself to leather pants once, but they creaked and squeeked so much it became an embarassment to walk around.

 

Got to watch this one girls - no wonder his shorts got pinched from the gym - has a panchant for living in nunneries, says he 's there for rehabilitation, methinks it's all a front

.Nun1_m.jpg

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