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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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Charges reclaimed, no court, no ombudsman, no hassle, just a bit of haggling


Munchkin 1
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I Reclaimed a reasonable amount of charges from Lloyds today. It took 3 letters and 8 weeks.I didn't fancy the hassle of the courts or the long wait with the ombudsman so I decided I would push to get as much as I could and was prepared to be reasonable and patient. Initially they offered a goodwill gesture of £90 and paid it into my account. (That was funny) I then gave Lloyds a reasonable goodwill gesture and final offer for them to retain £12 for each of the charges and to pay me back the rest. I wanted £750 paid back to me in total which included 8% interest. Today they paid me another £660 to make the final settlement.

 

I know most people want the full costs back, on principal, so I hope no-one thinks I'm a traitor. I'm pleased with the result, and pleased I didn't have too much hassle or worry.

 

If any one would like to know what I wrote in my third letter, the one that nailed it, I'd be quite happy to post it and help out.

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Propper pleased for you munchkin, Congrats:D . Unfortunately the reality for the vast majority is at least a 4 month process and a court claim. I have a friend who thinks like you did and Barclays have been ignoring the hell out of him since christmas. I would be interested to see the letter though. If it's something that can work for hundreds of thousands of people then I'm sure it will be a welcome addition;)

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Thank you for your letter dated 21st June 2007.

 

I respectfully decline your £90 'gesture of goodwill' as a settlement to my claim, though I am prepared to temporarily accept the sum offered as partial settlement.

 

The charges banks levy on their customers can only be for administration, not penalty charges, and should only be in proportion to their loss.

 

A report by a Professor of Banking tasked with the job estimated the real cost, even being generous, to be only between £2.50 and £4.50.

 

I consider your bank charges unlawful and you had no right to just take such amounts of money from me. Your charges are not proportionate therefore your Terms and conditions are irrelevant.

 

In April 2006, The office of fair trading opined that Credit Card charges were too high and should be reduced to £12, though many feel it is still too high and disproportionate. Many Credit Cards have dropped their penalty charges from £30 to £12 in response to The Office of Fair Trading's demands. This is still too high a figure as the true cost of administration would not be more than a couple of pounds. Interestingly, Lloyds have reduced their Credit Card charges to £12.

 

I am fully aware that Lloyds are dragging their heels in returning charges, only doing so at the eleventh hour before the court date. I see it as unfair towaste court time and money in preparing for a court hearing only for you to settle the day before, as in most cases. It would also be wasteful of Lloyds Bank time and money on a case that we could easily settle between ourselves.

 

As a reasonable gesture of goodwill, I am prepared for you to retain £(amount) ( x amount X £12.00) of the charges shown on my calculations, and return the remaining £amount plus £amount (interest to date) to my account, on the condition that the total sum of £amount is returned to my account within 10 days.

 

(Show charges calculations here)

£20 (32 - £12) date interest total

 

etc etc

 

Totals

 

 

This is my final offer of acceptance. If you do not accept this, or you do not respond within 10 days, the £90 that you transferred to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.

 

If we cannot come to this reasonable agreement within 10 days I will be forced to take legal action against you for full recovery plus costs

 

I trust this clarifies my position.

 

Yours faithfully

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Propper pleased for you munchkin, Congrats:D . Unfortunately the reality for the vast majority is at least a 4 month process and a court claim. I have a friend who thinks like you did and Barclays have been ignoring the hell out of him since christmas. I would be interested to see the letter though. If it's something that can work for hundreds of thousands of people then I'm sure it will be a welcome addition;)

 

Thank you for your kind reply

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Just for the record, I allowed them to retain £192. 16 x £12. I reclaimed £750. I'm a fair and reasonable person.

 

I see from your other thread that you were originally cliaming almost £900 - so you have effectively allowed them to keep £150 of your own money - they will be delighted!

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Propper pleased for you munchkin, Congrats:D . Unfortunately the reality for the vast majority is at least a 4 month process and a court claim. I have a friend who thinks like you did and Barclays have been ignoring the hell out of him since christmas. I would be interested to see the letter though. If it's something that can work for hundreds of thousands of people then I'm sure it will be a welcome addition;)

 

Thank you for your kind reply.

 

Not all of us have the time to battle on for ages and I could forsee getting despondent and even irate with the delays. I wanted to stay happy. Also, obviously the banks delay as long as possible to make people give up. I wouldn't have given up. If Lloyds hadn't have met my request believe me I would have gone all the way to court and asked for costs for time wasting too. I would have been driven there by angst. I'm happy with the result because I haven't had to go to the place of sheer annoyance and rambled on about it, and I wanted the money now.

 

I do hope I can help others reclaim in the same way, if like me, they can't be doing with time wasting and frustration.

 

I hope your friend is successfull.

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I have to agree with Nic on this one. Don't get me wrong, if the offer works for you and your happy with it then as I said before I really am happy for you. However I and lots of others here don't think it's acceptable to be given go away money. I can't afford the luxury!! The best analogy I have seen here is, if someone robbed your house and then threw 80% of what they had taken back on your front lawn years later, would you ring the police and say "it's ok, I got most of my stuff back.

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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I see from your other thread that you were originally cliaming almost £900 - so you have effectively allowed them to keep £150 of your own money - they will be delighted!

 

 

I'm not worried how they feel. I'm happy with what I accieved in a short time and thats all that matters to me.

 

You sound just how I didn't want to. No offence.

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I hope your friend is successfull

So does he but they are doing an extremely good job of ignoring him

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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I have to agree with Nic on this one. Don't get me wrong, if the offer works for you and your happy with it then as I said before I really am happy for you. However I and lots of others here don't think it's acceptable to be given go away money. I can't afford the luxury!! The best analogy I have seen here is, if someone robbed your house and then threw 80% of what they had taken back on your front lawn years later, would you ring the police and say "it's ok, I got most of my stuff back.

 

 

No lol! I know what your saying and I respect what you believe in. Its how I am at the moment. I just have so much going on at the moment I couldn't really cope with all the court business and not sure I would find the spare cash to stump up the fees.I can cut my losses and move on. We are all different.

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No offence.

 

None taken - however it is important to state that ALL of this money could have been reclaimed - and really very easily. You have effectively settled for there standard goodwill gesture figure anyway. If you had held out you would have got all of your money back (plus 8% statutory interest if you had issued a claim). The LTSB strategy in dealing with these claims is designed to stop you persuing the claim to a different level at each and everys stage and once again i reiterate they will feel that your case has been a victory for them and their strategy.

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We are all different.

That we are, and circumstance motivates actions. Do me a favour though. When you tell others about your experience. Make sure you tell them they can have it all back if they are prepared to fight for what is theirs. That way they can make informed decisions. Enjoy the money

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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That we are, and circumstance motivates actions. Do me a favour though. When you tell others about your experience. Make sure you tell them they can have it all back if they are prepared to fight for what is theirs. That way they can make informed decisions. Enjoy the money

 

Will do.

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  • 3 weeks later...

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lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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