I apologise, it must have deleted the page whilst i was editing the document to remove personal details. The page with my signature is there i can upload if you want?

Is there anything i should be worried about?

What is the best way in your opinion on how to approach the witness statement in court?

Could someone remove the attachment please i will upload once i have removed personal details

already hidden

I apologise, it must have deleted the page whilst i was editing the document to remove personal details. The page with my signature is there i can upload if you want?

 

See attached

claimants WS.pdf

We had a thread quite recently Saj33 with this crew getting their claim dismissed on the grounds that their "Claimants case management " screen shots were irrelevant and not proof from the originating creditor.......you didn't enter into an agreement with Lowell ...so their self created case management prints are irrelevant.

If it was Vanquis screen shots and customer data...that would be a different matter.

Perhaps DX can recall and locate the thread.....think it was a catalogue debt?

Andy

buzzzzzzzz...........working.........

still no agreement with sig part saj?? [you can blank your sig but not the date]

nope whatever case it was eludes my expertise..........

dx

Post #282 in the following thread......

https://www.consumeractiongroup.co.uk/forum/showthread.php?473932-Lowell-claimform-old-Shop-Direct-CAT-debt***Claim-Dismissed***/page15

doc in post 79 updated with missing signature page of CCA

why is the OC's sig etc been pasted in over the top? [page 12]

was that them or you?

That was them, the only thing i altered on that page was my signature. Does the pasted signature look odd?

yes it doesn't belong there

so another reason to throw the whole thing in to doubt over the 'true copy' of the ORIGINAL AGREEMENT

and its T&C's

I believe if you go look at other vanquish claimform threads with docs.

the T&C's also have the borrowers name and address up the top

your all just say us and you the borrower.

smells to me that the whole lot is a cut n paste jobbie by lowells designed to try an fool you and the judge.

Hi,

Just preparing for my hearing tomorrow, thank you for all your help.

I will let the judge lead the hearing, so far i will argue the following:

1) lowell have failed to provide the original agreement and they have confirmed the exhibit in the witness statement is an application and not an executed agreement. The agreement looks to be pasted ( evidence of signature pasted over).

2) Lowell have failed to comply with the order

3) The screen shots showing transactions are irrelevant as it is not proof from the originating creditor.

4) I do remember having a vanquis account but i do not recognise the account number or the transactions listed in the witness statement.

Is there anything else i should mention?

I am going through various threads for now.

Am i right with the above points?

getting there keep going

The only other thing i have noticed is the default letter and the notice of assignment from the original creditor do not have any logos, they are not the original letters.

I have never entered into an agreement with lowell, if lowell have purchased the debt, they should have all the supporting documents.

I do remember gaining an vanquis account however i do not remember any balance remaining on the account.

Lowell have failed to comply with the order and failed to respond to my cpr 31.14 request, lowell have had enough time to gain the documents requested.

Not sure what else i can say in my defense?

well def hark on about that supposed signed agreement sheet

there something funny going on there with that pasted signed on behalf of vanquish box.

certainly backs up your whole story that its a cut n paste jobby

and that the T&C's are just filing cabinet copies without you name and address anywhere on them.

also, point out the bit in their WS whereby they state you admit to having the card

you didn't say that..

point out the exact wording from your defence.

watchout for them wanting a little chat

before you go in

smile and politely tell them to .....

Thank you dx.

I am done researching so will go with everything i have stated above.

Best of luck for tomorrow Saj33...update your thread...good or bad.

Andy

Good luck today Saj

I am the courts, just awaiting the hearing.

The solicitor took me into a room and tried to talk to me and i said you do know what happens at a small claims court

i said yes and there is nothing else to talk about then left the room.

Its a win!!!!

The judge questioned the order and why the claimant did not provide all the documents as per the order, the claim was denied on that basis.

I did not speak at all but as i was leaving the judge did say i was very lucky

Congrats saj great news

Excellent, well done . You must be delighted.

HB

Thread title amended to reflect the outcome....well done.

Regards

Andy