Where I was going with the Notice of Assignment is that the date on the one Lowell have sent is a year after it was sold to them and I want to see one from Vanquis, hopefully with a date on it that reflects the sale, perhaps a week or two after, maybe even a month. Not a year as that stinks like they are fabricating it. If I have it then I can rely on it and disclose it that they have been found out to have produced a document that is false.

They did eventually send a copy of the DN. The first time I asked for it with the CCA etc they didn't but the judge ordered it a little later and they sent it - a reconstituted one, the one I hope is with the wrong date and doesn't match one Vanquis hopefully send me.

Vanquis have just told me on the phone that any card number is exactly the same as an account number.

So, given that in mind...

On the application document the fleecers have sent it shows a different account number than the account number they refer on their documentation (all of it) including the claim form.

Vanquis have confirmed that when an application is approved the "account number" is the same as the card number. Lowell appear, or someone has, altered that document and also possibly the statements sent. I think I need to get it all scanned and sent up as a document so everyone can see what I mean.

In short, the card number is the account number and vice versa and Lowell have produced a document with a different account number for a claim on a different card number. Isn't that deception or fraud?

As I've not heard anything we have just phoned the court handling centre who have confirmed that Lowell have paid the fee and the hearing is going ahead on the 26th.

I'm a little worried now as I can't be there.

Does any one have any suggestions?

Also, I have a list of things that I have documented wrong with their paperwork and case and I don't want to put it online just in case they are monitoring this (been doing lots of research on them).

Is there a way I can send it to someone who can advise on it?

doesn't matter what you up put here , they.ve had their chance in their ws to produce paperwork they cant ambush you.

you write to the court and tell them you cant make that date.

or ring again and they'll tell you what to do.

Thanks Dx100.

I'll pop it up as a PDF (getting good at this now).

I would like to ask you or someone to look at the differences in the card numbers / account numbers.

It's clear that it has been reproduced but id like a second opinion, actually, probably a 5th.

I don't want to put them up though as it is the full numbers (even though they are not mine!)

Notes on Documentation Inconsistencies.pdf

I brought all my old paperwork with me today so we could go through and see if we could find an old statement from Vanquis that relates to the account they have references on the Court form.

The statement I have does document one transaction which matches with the date on the statements sent by lowell so they may be genuine.

Bingo, I have an old statement dated 25 Dec 2012 which references the "account number" as the same as the card number.

I have also called Vanquis again today who are going to call me back as I have provided both the numbers to them to see if they relate to two separate accounts.

The account had been passed to Lewis Debt Recovery in the first instance as I have the letter they sent with the statement attached.

So, I'm sure you'll correct me if I am wrong but if the debt was "assigned" or bought by Lewis in the first instance then Lowell would have had to have bought it from them? Surely there must be a paper trail of transfers required?

The one thing I don't have is a notice of assignment to Lewis from Vanquis.

Sorry to post again but does this help me in any way at all or am I just wasting my time and let it be?

I really want to fight and get through this but it is daunting when I have no real idea what to expect or what's going to happen.

I've read loads and loads of success stories but can't find one where a case has been lost and what the outcome was.

Sorry, that feeling sorry for myself again.

I ma back to writing my statement and I have a question which I hope someone can answer quickly which I think may be relevant,

the digital signature on the terms and conditions are dated two days prior to the account application (i know - it just sums them up)

but it shows something "NP-TA-16"

- I am wondering if this is the year the terms were issued?

It may be nothing but may be something and I am throwing everything I can at them.

Please dont use the word fraud or forgery...

You have to submit your ws 14 days before the hearing..

Is the dn a real one or a template of what one looks like with blank fields??

Lewis are part of the lowell group

This is where I am at with the witness statement. As requested, certain words have been removed though I still mean them, though I am completely understanding why the forum may not wish them to be used here.

Sir / Madam,

Further to my statement of case, dated 18th June 2018 I have now made some further highly important and relevant discoveries during my investigations into this claim and the evidence provided by the claimant’s solicitors.

Whilst I have been examining in careful detail the two sets of paperwork provided by the claimant on two separate occasions I have found some serious and what appear to be deceptive and potentially criminal differences.

Firstly, though not as important initially, there are serious fundamental errors with the values claimed. I set these out below for you;

The claimant claims;

£2463.43 plus interest totalling £2660.50 and additional solicitors’ fees and the court fee which totals £2845.50.

I feel it relevant and important that the default balance on the Notice of Default is for £2239.13.

The claimant is put to strict proof to prove their claim is accurate as it is £224.30 above the default balance!

I have still not received a Default Notice from the claimant or indeed the original creditor. I wrote to the original creditor on the 19th September 2018 and requested a copy of the Default Notice and Notice of Assignment, this letter was sent recorded delivery and signed for on 20th September 2018 by “Name Removed” at (time removed) – nothing has been heard from the original creditor either.

A copy of this letter is attached which shall be referenced as exhibit XX/7 in continuation of the previous exhibits.

I have also included a print of the proof of delivery direct from Royal Mail which shall be exhibit XX/8.

The statement of account that has been sent by the claimant showing an end balance of £2463.43 is incorrect as it should reflect the actual balance on the Notice of Default and the missing Default Notice.

Further to this, I add and with serious concern that this document has been (word removed) created in order to mislead myself and the court. I set out my reasons for this below;

The statement shows a card number ending 6817 which accurately reflects the claim form and indeed some of the other misleading paperwork provided by Lowell Solicitors. The document also has another 16 digit number which is referenced as the “account_number”.

I respectfully point out that this 16 digit number is actually the number from a credit card I previously held and I have proof that the account number of the account that the claimant makes claim for ending 6817 is indeed the same as the card number ending 6817.

I attach this old statement from Vanquis Bank on their letterheaded paper which clearly shows the customer account number of,

40XX X>XX >

I put it to the claimant that this has been created and manipulated to mislead the court and myself.

I further put the claimant to strict proof to show how it is possible for an account to have a 16 digit card number which is different to the account specified. This, as per below would render the system to receive payments and charges on other people’s cards and cause electronic mayhem for accounting and banking purposes.

I made a telephone call to Vanquis Bank at 17:02 (approximately but my landline phone records are likely able to show the absolute time if necessary) on Wednesday 19th September 2018. I asked the advisor if a credit card with the details of 40XX X>XX XX 6817 would have a different account number.

I was helpfully advised that this would not be the case as it would be almost impossible to have a card with a specific card number of 16 digits and to have it match a different number of 16 digits.

The reason for this is that when a purchase is made it is a live purchase which is cross checked against the same number on the credit system in order for the purchase to be authorised or declined and for that to then be appropriately billed back to the right account holder.

The card numbers which must match the account number actually have meanings. Each number is an identifier for the credit provider which allows the accounting to flow smoothly and be automated.

For purposes of being clear and to avoid any discrepancy with the claimant, the stripe on the rear of the card holds the following primary information on tracks one and two but may contain a few other lender related details;

There are three tracks which hold data about the card and the account holder, these are simply the card number, the expiry date and on some the card issuers details and the account holders details.

The third track is generally encrypted on credit and debit cards.

This is what is used to link back to the live system from the issuer in order to verify the purchase. It has to be the same format on both the card and the account system.

The screen prints that the claimant has provided of the account details are (word removed) and intended to be deceptive, I state the reasons for this here;

On the screen shots the account number is specified as;

40XX XXXX XXXX XX42 – this belongs to a different credit card which was previously held by myself!

Having asked a friend who worked in the IT Industry for 20+ years with experience in Security and Accounting Systems on Electronic Point of Sale Systems she is very highly experienced and knowledgeable in this specialism.

Further to this;

The “Approval” is shown to be 15/01/2011 at 12:19 hours and the terms and conditions are referenced as “NP-TA-16” which match the terms sent by the claimant but there is a fundamental flaw with all the terms and conditions they have sent in that they are indeed dated 13/01/2011 at 12:48.

There is also a random date on them which is 12/03/2012 – I am not sure what this date refers too but the claimant is put to strict proof to explain why it is there.

I put it to the claimant that these are also indeed manipulated and (word removed). The claimant is put to strict proof to show how a Credit Card application can be approved two days after terms and conditions are dated but the application clearly could not have been made! In the professional experience and knowledge of my friend, it would be the other way round. Application approval and then terms and conditions on the same day in order for the applicant to know what they are agreeing too.

When an application is made online, the applicant places a tick into a box to accept the terms and conditions at that point, with respect Sir / Madam, not two days before.

The claimant alleges the agreement was later assigned to them on the 04/08/2013 on the claim form but the formal notice sent by Lowell is dated 11th April 2014 and the date of sale from Vanquis to them as “08th April 2013” – this is exhibit XX/3

The claimant is put to strict proof to show the original document that shows the actual date of sale from Vanquis to them. Exhibit XX/3 is dated more than a year after the sale, I find this extraordinary and another potential deceptive document provided by the claimant and or their solicitors.

I further add to my defence that I am in possession of a document from Lewis Debt Recovery dated 28th December 2012 which is seeking payment of the account to them. I recall dealing with Lewis Debt Recovery at the time and disputing their claim of which I never heard anything back from them.

The claimant is put to strict proof to show how they purchased the debt from Vanquis Bank Ltd whilst it appears to be with Lewis Debt Recovery.

I set out in bullet form all the inconsistencies and errors;

• Failed to comply with the CCA Request and CPR Request under the Consumer Credit Act 1974 on time and until Judge Anson ordered them to.

• Provided misleading and incorrect documents on request of the CCA and CPR and was not in possession of the evidence and had to request it from the original creditor. It is my belief this could not be possible as my recent letter has been ignored and I suspect that is due to them not having the requested Notice of Default and Default Notice either.

• Failed to provide an Original Default Notice.

• Lowell sent a letter claiming it to be a “notice of assignment” which complies with the Consumer Credit Act but was actually just a letter “introducing Lowell”.

• The Default Balance is £2239.13.

• The Claimant claims - £2463.43 plus interest and Court / Solicitor fees.

• The Claimant sends a document (exhibit XX/3) where they state the account was sold to them on the 08 April 2013 yet all their other documentation and claim form it is documented as 04/08/2013. This is an extremely important document as it is supplied as the “Notice of Assignment” yet is incorrectly dated and more to the point, appears to have the wrong date of sale on it. Therefore this document can not be genuine and is suspected to be (word removed).

• The Claimant provides screen shots of the application with an incorrect account number assigned to it.

• The Claimant has also provided a screen shot of the application which references the terms and conditions they have supplied with a date on that is dated two days prior to the application actually being made.

• I have proof of the Card Number the claimant references in their claim to match the “account number” on a statement provided by Vanquis Bank, the original creditor.

• Exhibit XX/1 – This is minor but I feel it must also be pointed out to show the lack of due care and attention and lack of professionalism the claimant and their solicitors have shown. It is clearly dated just short of a year prior to the claim. It is dated “28 March 2017”.

Sir / Madam, with all these deceptive and what appears to be creative and poor manipulation of documents that have been produced as evidence in a Civil Claim through the judicial system I respectfully request that this case be struck out or dismissed unless the claimant can produce original supporting documentation that complies in full with their obligations under the Consumer Credit Act 1974 showing they have legal ownership and they have complied with all their obligations under the Act. Including statements and all notices they are obligated under the Act to comply with.

I have had no documentation from Lowell Portfolio I Limited, including a Default Notice and as explained earlier in this Witness Statement, I have requested a copy of the Default Notice and Notice of Assignment from the original creditor which has also been ignored. I feel I have complied in every way to prove my defence against this claim which appears to be without cause and frivolous in its nature and has been brought by using documents that have clearly been manipulated.

Sorry DX100 but I don't understand, the DN being blank? Upon very close examination there isn't one. I was mistaking it from the Notice of Default.

that's is not a witness statement!!

My sincere apoloiges - it is the breakdoiwn that is to be attached to it. I've got the format laid out as per the link you sent. Those are all the errors with their claim and inconsistensies.

so have you filed you ws yet?

if not post it up here

what you are doing is only you motes p'haps to remind you at any hearing.

you don't send it and its wasting our time in a way...

It's not my intention at all to waste anyone's time. Because I don't really know what I am doing I am relying on friends and you guys, putting trust in people I don't know which I am sure you will appreciate is a little daunting.

I am doing everything I can to try and learn and I have learnt a lot in the last few weeks. I never knew how a bank card worked!!

I haven't sent anything as you told me to wait until the last minute and that is what I am doing but I do need some guidance with it all. For example, I've asked if anything I have done so far is beneficial and I've had no response and I can only do what I think is going to help me.

Rest assured, I am ever so grateful for the help and I am not intending on wasting your time or anyone elses, simply learning and needing to ask lots of questions.

Edit: The hearing is taking place in my absence. It can't be moved.

I'm looking through the WS you sent. I have mine formatted similar but still working on it. Are you suggesting that some of the wording in that WS may be suitable to use? It reads very well.

This is my Witness Statement to date. Please feel free to amend or explain if I have gone wrong somehwere.

In the XXXXXXXXXX County Court

Case Number: XXXXXXX –

Date: XX October 2018

________________________________________________________________

Parties Lowell Portfolio I LTD Claimant

Father Christmas Defendant

____________________________________________________________________________________________________

Witness Statement – Father Christmas

Exhibit References: XX1, XX2, XX3, XX4 Page 1, XX4 Page 2, XX5 & XX6, XX/7, XX/8, XX/9 & XX/10

__________________________________________________________________________________

I Father Christmas, am the defendant in this case. Lowell Portfolio I Limited have issued a claim for an alleged credit card agreement between myself and Vanquis Bank. I make this statement in preparation for the small claims hearing fixed for the 26th October 2018 at 10:30.

Within this statement I will make reference to several documents which are each marked as exhibits.

__________________________________________________________________________________

Defence

On 31st January 2018 I received a claim form from Lowell Portfolio I Limited seeking £2463.43 plus costs for a debt that they claim is owed to them under the Consumer Credit Act 1974.

Upon receiving the claim form I immediately sent a request to both Lowell Portfolio and Lowell Solicitors for copies of the agreement and all documentation to which they refer, notice of assignment and also the default notice sent by signed for post.

The claimant and Lowell Solicitors failed to provide the requested documentation in the given timeframe and instead provided copies of documents that have several pertinent and important errors on them and I set out these errors in my attached document which shall be exhibit XX/7 which shall follow on from my Statement of Case dated the XX XXXXXX 2018.

The Consumer Credit Act allows for 12 plus 2 days for a request for a true copy of a credit agreement to be carried out before the claimant enters into a default situation, this limit expired while the claimant was “requesting” the documents from the original creditor which they should have been in possession of.

Instead the claimant sent a misleading document suggesting it to be a “notice of assignment” but was in fact a letter “introducing Lowell” – this is exhibit XX/4 1 and XX/4 2.

The document that the claimant was obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the claimant and myself as defined in section 61(1) of CCA 1974 and subsequent statutory instruments. If the executed agreement contained any reference to any other document, the claimant was also obliged to send me a copy of that and no such document has been received.

Instead the claimant and their solicitors sent reconstituted documents as follows;

(1) – Copy of Notice of Assignment

(2) – Copy of Notice of Default

(3) – Copy of Terms and Conditions

(4) – Several letters demanding payment

I wish to point out the most serious issues of their documentation within my defence.

• The Claimant has provided a screen shot of the application for the credit card with an incorrect account number assigned to it. That number relates to a credit card I previously held and does not match the account number of the account to which they refer, exhibit XX/10 shows a previous statement from the original creditor that clearly identifies the card number to which the claimant refers but also the true account number, exhibit XX/7 goes on to further explain how the banking of the credit system works and why the card number must match the account number.

• The application date on the screen shot the claimant provides shows the account to be applied for and approved on 15/01/2011 at 12:19 and with terms and conditions referenced as NP-TA-16. However, the date and time on the terms and conditions sent by the claimant is dated and timed two days prior to the account application being approved. This is incorrect and impossible as the terms and conditions should be dated with the same date and time as the application as the terms are accepted by a tick box at time of application.

• I sent a letter to the original creditor dated the 19th September 2018 requesting copies of the Default Notice and Notice of Assignment, it was sent signed for post and was received on the 20th September 2018, exhibit XX/8 shows the signature and name. No response has been forthcoming from the original creditor and as such it is my belief that the claimant has not been able to obtain true copies.

The documents sent have serious errors on them and all these are detailed in exhibit XX/7 and I respectfully bring your attention to all of these errors and what appears to be deceptive documentation designed to mislead myself and the court.

CONCLUSION

Sir / Madam,

The claimant has made reference to an account with the original creditor Vanquis Bank Limited which I had some dealings with in 2011. I have never had any dealings with the claimant and I have requested true and accurate documents to be sent to me, these have not been received.

Instead I have received misleading and deceptive documents that may have been manipulated in order to secure a County Court Judgement against me for monies I do not owe.

The documents have numerous serious flaws with account numbers, dates, values, terms and conditions dated two days prior to the account being made or approved.

I believe, and I ask for your consideration that the claimant makes mass claims against people in the hope that the claims are not challenged and that a County Court Judgement is entered by default.

It is clear the claimant is not able to provide the requested documentation I am legally obliged to receive under the Consumer Credit Act 1974 and instead has made documentation up to make it look as though it is genuine.

I respectfully request the court exercises its discretion to strike out the claimants claim as they are unable to comply with the statutory request made under the CCA 1974 but instead have sent misleading and adapted documents in place of originals.

As such the claim made is unenforceable under the law due to their failings and misrepresentation of documents.

I respectfully request that no judgement be entered against myself at the hearing and that all the costs incurred in this claim are met by the claimant.

Statement of truth.

I believe that the facts in this statement are true.

I would appreciate it if someone would come back to me as soon as. I'm going home tomorrow and won't get any update from you until I return on Wednesday.

Good morning all, I'm leaving for home shortly and I've asked my friend to monitor this for me so if you do get a chance to look over my witness statement they will let me know as I will need to make sure it is with the claimant on Friday as that is the cut off date.

Thanks again

Hi, my friend who is going through this at the moment has asked me to post this up for him on his behalf... I can't remember what my account was called so he left me his.

It seems these show the acceptance date and the date of the terms and conditions being incorrect. I haven't followed his progress and just had a read through and I am sure he is in good hands with Dx100 and Andy who helped me some two or three years ago.

I see he has lots of posts on here. Please bear with him, he's struggling and I'm not always around to help him out.

Thanks for looking after him,

Ex CAG member

Copies of Scanned Terms and Screen Shot with Wrong Dates.pdf

Back to your WS......

" Instead I have received misleading and deceptive documents that may have been manipulated in order to secure a County Court Judgement against me for monies I do not owe. "

How do you arrive at the above statement ?

Andy

Andyorch, I don't know. I'll phone him and ask him.

OK - On his behalf he is telling me that because he hasn't entered into an agreement with them directly then he doesn't owe them a penny. Please don't shoot the messenger, I've explained that may not be a good statement to make. My thoughts is to get him to remove that but I'm not as knowledgeable as you guys. What do you think?

I'm going to read through the thread as I have no clue what he's done so far and I've documents all over my desktop on the computer.

They have not stated he has entering into an agreement with them.....they state he entered into an agreement with vanquis...which they the claimant (Lowell bought from vanquis)debt assignment.

1 - The defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxxxxxxxxxxxxx (the agreement)

2 - The defendant failed to maintain the required payments and arrears began to accrue.

3 - The agreement was later assigned to the claimant on 04/08/2013 and notice given to the defendant.

He needs to read up on debt assignment (Law of Property Act 1925) submitting the above statement would be considered perjury stating you do not owe any monies.

Thanks Andyorch - I've just read through the whole thread and I'll try and offer what assistance I can. I've just read his defence and he has included the statement re LoP.

I've also just seen the issue with the account numbers/card numbers and incorrect dates on the docs I posted up for him too. I guess (and I am guessing) that it will not be enough for the court to persuade them that the claimant appears to have used, I will use the word, misleading documents?

Very much so.....he does owe monies...amend that statement to......

" Instead I have received misleading and deceptive documents that may have been manipulated in order to secure a county court Judgement against me "

OK - I'll let him know. I don't want to touch any of the documents here as there are mass documents and I don't know which one to amend. I'll sort that. Can I assume that given you've highlighted only that part of his WS that the rest is ok and good to go for him?

He's scanned in the statement that they sent him (Lowell) and it's on my desk and I've had a little look through and noticed that the first page has the the right account number (card number) on it - then at the side under the column 'account number' it has the other 16 digit number that they allege is the account number (though he has a statement to prove otherwise). then down at the bottom the under the 'account number' column is changes to a completely different number.

I'll quickly scan one up and remove pertinent points so you can see what I mean. Sorry to add more comments on this and help my friend make the biggest thread in the world but needs must.

As you can see, it starts with a 16 digit account number but at the bottom (last 3) it changes and on every other page the change stays the same long number ending 7283.

I'm not sure why he hasn't mentioned or put this up before but hopefully this helps him somewhat too.

In general the statement looks fine..there is no set way to draft a witness statement providing it complies with the the standard form and layout and finishes with a statement of truth and particularises and supports the initial defence offered.

But because he is not in receipt of the claimants statement and documents as yet its very much batting in the wind until you know what they will rely on and what arguments they put forward to support their claim.

If they offer the same documents with the same errors you refer to which they submit under oath as being the true documents then the defendants statement is justified in stating that the claimant is misleading the court with deceptive documents that may have been manipulated in order to secure a county court.

I agree. reading the thread the deadline is this coming friday. He said he was wanting to get it away on Wednesday. They are going to receive it Thur/Fri morning I suspect which means if they don't send theirs then we can't make amendments to his to accommodate any issues.

If theirs is late then I doubt the court will strike it out just on that and possibly give them another chance. What is the best thing for him to do? Send it and hope they supply the same bumf they have already? My head hurts already, thanks for helping.