Jump to content


  • Tweets

  • Posts

    • 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.
    • No, nothing from Barclays. Turns out i have 2 accounts on here, and i posted originally on the other one. Sorry about that.  
    • Always send with proof of posting from your Post Office, so there is a trail. Conversations , are designed to intimidate into paying, Emails are designed as another way of bombarding. Only EVER communicate in writing, by post.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

ja-de v Halifax - again


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6086 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 113
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

comp11.gif

  • Haha 1

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

slider_thankyou.gif tilly. xxx

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Yesterday I got a phone call from my dad, to let me know that I had a letter from haliprats, basically to tell me that I owe them £66.02, I can't understand how they get that, 'cos the exact amount is £62.02, (but I'll get from mum & dads on tuesday morning when I go over to see them). The daft thing is that I took the copy of the first letter telling me that I hadn't enough to cover my DD payments to the Abbey, 'cos I was told that they would pay the £74 as it was all a misunderstanding on their part, as I told the lady who was organising my new account that I wanted to transfer "everything" over from haliprats to my new account. So, I would assume that it would all be in the process of being sorted out now, but as usual haliprats are being total rats again, & have taken the £11.98 that was in the old account, & sent this one telling me that I owe all over again.

Well there is just one thing I want to say to them, & that is: "If you want any money from me, then you'll have to SUE ME, 'cos you ain't getting so much as a brass button out of me, & I want my £11.98 back", & "I don't care if you are going to close my account (it'll save me a job), 'cos if you hadn't have dragged it out, into a very long process in the first place, by putting all sorts of barriers in the way of ME wanting to close the damned account myself, then it would NOT have got back to this stage for the 2nd time". ooooooooooh it makes my blood boil, they are such F***ing idiots.

tilly, there's a very big chance that I'm gonna get that "dreaded" chainsaw out again, hehehe, & I promise I'll be careful to make sure I chop 'em all up. super_smilies007.gif

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Know just how you feel Ja-de. I am trying to sort my claim out an now even the bl**dy court is against me.36_5_8.gif One of 5 in the country applying blanket stay. I have had to take time off work on Mon and Tue morning to try and sort it out. do you or any-one here know if there is a breakdown of how much and to how many Haliprats have paid, and if it is posible to get case transfered to another nearby court that is playing fair? th_chainsaw.gif

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

This damned stay business is just going too far now, its OK for the banks to stop paying us out, but they still expect us to pay them; so as usual its the little fella who gets stomped on. There doesn't seem to be any justice at the moment. We seem to take one step forward, & 3 steps back. Looks like there could be more than the 2 of us with the chainsaws, super_smilies007.gif

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

agreed8mv.gif Yeah I just don`t believe how difficult this one is getting. My last one Howard rolled over and paid in 74 days. this time it took 76 days to answer SAR. I am sure that they were aware of what was going on and just wasted time till test case, even seem willing to ignore their legal obligitations, I plan to put this in my application to have stay set aside, also trying to think of a way to get my £35 for it back off them. Might try adding it to my extra expenses 57f4dd2d586b30ffbc1412a5d9214075.gif

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

You could try that, & hope they don't cotton on, but knowing them they'll know. Barclay's have been refused a stay, so you never know!! I hope everything goes OK for you though, 'cos there's nothing more annoying than banks ignoring you, no matter how much you plead with them. lol

Is the £35 for court fees????

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

You could try that, & hope they don't cotton on, but knowing them they'll know. Barclay's have been refused a stay, so you never know!! I hope everything goes OK for you though, 'cos there's nothing more annoying than banks ignoring you, no matter how much you plead with them. lol

Is the £35 for court fees????

 

yes it is. But they tell me it is non returnable.

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

I actually put it on my PoC & claim form, as there is a part in your claim form where you actually add it to all the money that you are claiming. It isn't returnable from the court. Everyone who goes to court & wins their case, can have all court costs & anything else, paid by the defendants, it is the defendants who pay all court costs & everything that is owed to you.

I hope I have managed to explain this clear enough for you.

  • Haha 1

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

thx.gif

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

You're very welcome stonedecroze, & thank you for the click.

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Update, went to halibuts yesterday - in an attempt for the 5th time - to close the account, but as usual they wouldn't let me. All they could say to me was "you cannot close this account as its £66.02 in default", so I just snapped & demanded that she gave me the card back, & crossed the road & went into Abbey & asked if there was somebody that I could speak to urgently, & as luck would have it Margaret was able to help me. I gave her the letter telling me that I was in breach & that I must pay £66.02 by the 23 August or have legal proceedings taken against me, or they'll instruct a debt collection agency to recover any amount I owe them.

Now this is where I'm a bit puzzled, I had £11.98 in the account, which they took out, so does that not mean that its £62.02 left owing. Anyhow Margaret said that not to worry, & she came back & we got into the queue & she had arranged for me to go back to halibats with the £66.02. So, they (Abbey) were true to their word. I went back to halibats, & while I was in the queue a girl was asking if they just wanted to pay money in, & would they like to use the machine, she didn't ask me (I think she could see that I was in no mood for machines), anyhow it got to my turn & the lad sorted it out for me to sack 'em, & would you believe; he asked me if there was anything else I would like him to help me with, I just turned round & said "No, I've now managed to do what I have been trying to do for a month & I only want to get out of this place". I think it was full of managers yesterday as well.

So, this saga is now over I hope, & that this does not happen to anyone else.

  • Haha 1

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

You're17.gifmoney

  • Haha 1

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

thankyou.gif money

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Howard filed defence on me today 28days after N1 submitted so now now why court wasn`t saying much yesterday.

  • Haha 1

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

Filed defence, is that the same as acknowledgement of service???

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Off to my bed now, nite nite. xxx

--------------------------------

If you approve of my Post, please tip my scales.

13/07/07 **WON** Halifax

Any advice or opinion I give, is what I have learnt from CAG, If in doubt, please consult a professional.

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Filed defence, is that the same as acknowledgement of service???

 

No this not Halibuts, is legal eagles. next step Court.

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

sleep well attachment-190.gif

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...