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    • why waste money on scammers? all you need in law is to prove something was sent. use a 2nd class stamp and get free proof of posting from any po counter. dx  
    • Tracked is NOT necessary. 1st or 2nd class will suffice. Just make sure you obtain free proof of posting and KEEP IT SOMEWHERE SAFE...
    • I've given it a try, I expect alot of work required so will give my eyes and brain a rest as I'm getting word blind.. and I'll come back later following your initial bashings Thanks 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. 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 wrote off as a capital loss and claimed against taxable income as confirmed in the claimants 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. The Defendant has not entered any contract with the Claimant. 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. 4. The Claimant claims a Notice of Assignment was served on the 22/02/2022. This is denied. 5. The Claimant claims a Default Notice was served on the defendant. This is denied. 6. 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. 7. The Claimant further claims that the documents are sufficient to pursue a Judgement and are therefore copies of original documents in their possession. 8. Point 3 is noted and denied. 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. 9. Point 5 is noted and disputed. 10. 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. 11. Point 11 is noted and disputed. 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. 12. 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 *** (dates are wrong) 13. Point 13 is noted and denied. Claimant is put to strict proof to prove allegations. 14. The Claimant did not provide a true copy of the CCA in response to the Defendants request of 21/12/2022. Conclusion 15. 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. 16. The Claimant has been unjustly enriched at the expense of the Defendant by purchasing bulk debt at a greatly reduced cost and subrogating for the original creditor in trying to recuperate the full amount of the original debt 17. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter into settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter into 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. Signed: _________________________ _______ Dated: _____________________
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HAK v Cahoot


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The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Please bear in mind that I am still quite green with regards credit agreements, however I was under the impression that the signature had to be on the same page as the prescribed terms.

Also Cahoot have executed the agreement before I have signed it (not sure if this has any relevance)

 

US

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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  • 2 months later...

These people are not playing ball:

 

With my flexi loan I am trying to come to an arrangement but they have just said today:

 

We will not exept your offer and we are going to default you and send the account to a debt colector.

 

Not sure if to CCA them now or wait till they pass it to a debt collector.

 

HAK

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Hi HAK :)

 

I had a cahoot loan around 2003-2004. It had been with a DCA for the last couple of years. They defaulted on my CCA request about 6 months ago. TS put a stop to the harrassment.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hopeful

 

Thats good to hear.

 

They are in default with my CC and overdraft CCA at the moment and still pestering me.

 

HAK

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  • 3 months later...

Well I am totally screwed with these.

 

They have produced an agreement for my Flexo Loan, CC and even my current account........:eek:

 

Will have to do some serious creeping!!!

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Well I am totally screwed with these.

 

They have produced an agreement for my Flexo Loan, CC and even my current account........:eek:

 

Will have to do some serious creeping!!!

 

It's probably a daft question, but are you sure the loan and credit card docs are enforceable?

 

Any charges to reclaim?

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Hopefull

 

These are the best examples of credit agreements I have seen.

 

There are lots of charges to be claimed back but I using these to tryand stop them defaulting me.

 

HAK

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Oh man! :(

 

When you make a repayment offer, start paying it into the account asap, just in case they are awkward and say they won't accept it. If they accept the money into the account they are as good as accepting your offer.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 3 months later...

Well this account is with Equidebt and they have exepted a low monthly payment and interest has stopped.

 

I must say I broke the rules and called Equidebt. I spoke to the most pleasant lady ever.

 

I then wrote a letter in and they have exepted my offer.

 

Why cant they all be like these!!!

  • Haha 1
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Well this account is with Equidebt and they have exepted a low monthly payment and interest has stopped.

 

I must say I broke the rules and called Equidebt. I spoke to the most pleasant lady ever.

 

How naughty are you?!! :p

 

I then wrote a letter in and they have exepted my offer.

 

Why cant they all be like these!!!

 

 

It's good to hear from you again. I thought i'd noticed you the other day, but i'm very easily distracted!! :rolleyes:

 

Are you going to go after the charges now?

  • Haha 1

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi

 

This is a flexi loan and there are no charges on it.

Its my CC and OD with the charges but they are still sat in limbo and waiting to be defaulted:D

 

HAK

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Hi

 

This is a flexi loan and there are no charges on it.

Its my CC and OD with the charges but they are still sat in limbo and waiting to be defaulted:D

 

HAK

 

You're certainly hanging on in there with that default aren't you? :grin:

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Well Equidebt have exepted my offer in writing.

 

What a pleasure to deal with such a well manered DC.

 

This is of there web site and its true:

 

We have a responsibility to those from whom we are collecting money to:-

  • have respect for them as individuals even though we may not agree with them or the choices they have made
  • do everything we can to optimise collections without resorting to underhand, oppressive or unfair collection methods
  • handle monies, correspondence, telephone calls and complaints promptly, efficiently and courteously

HAK

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Well Equidebt have exepted my offer in writing.

 

What a pleasure to deal with such a well manered DC.

 

This is of there web site and its true:

 

 

We have a responsibility to those from whom we are collecting money to:-

  • have respect for them as individuals even though we may not agree with them or the choices they have made
  • do everything we can to optimise collections without resorting to underhand, oppressive or unfair collection methods
  • handle monies, correspondence, telephone calls and complaints promptly, efficiently and courteously

HAK

 

Hi HAK - i'm glad you've been able to sort that out without any hassle. Bet that's a relief :rolleyes:

 

If they continue to be so reasonable perhaps they should offer training to some of the others!

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 7 months later...

I have just found the original T&C booklet I got with the above.

 

It mentions nothing in the booklet or on the agreement about sharing my data with CRA.

 

Are they aloud to do this if it is not in writing>

 

HAK

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IMO, no, they can't process your data if it isn't specific in the T & Cs.

 

BB that what I think...

 

Letter will be going off next week..

 

Cheers

 

HAK

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My Credit Card debt has now been passed to Moorcroft.

Just got the usual Pre Lig Litegation...

 

Thing is CC agreeement is spot on...

 

Will send them section78(1) request to slow things down but any idea how Morcroft work.Not dealt with them before?

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  • 2 months later...

It only took 3 letters and Morecroft have passed it back to Cahoots. :D

 

At least I got the FOS complaint in before they sent it back.. Should cost them a nice £450...

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