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jb000

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About jb000

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  1. Today I have been putting all of the paperwork together and filing it in a ring binder folder ready for Court later in the week. I want to make sure that I am fully prepared, so I have been reading the forums on the Court process and what is expected of me. It wouldn't surprise me that they read this forum and the posts that concern them. I am still dumbfounded that they are going to Court to present a so called credit agreement with no address and no key information to a District Judge. I suppose there are still a few days left for them to pull out, so who knows.
  2. I have finished what I will be saying in Court on Friday. I find it better to write it down as I don't want to get tongue tied or forget parts of it. Once again, please feel free to comment or make any suggestions. Court Notes.pdf
  3. Many thanks. I will be typing my arguments tomorrow ready for court next Friday. I will be raising this to the Judge. I will go along the lines of - Although Lowell Portfolio I, can access my credit file under the terms and conditions set by the original creditor, however, it does not give them the right to display and process information in relation to accounts I hold with other companies. With this in mind, I will be making a formal complaint to the Information Commissioner for misuse of my data under the Data Protection Act.
  4. Ahh, the penny has finally dropped. How dare they go snooping around any other accounts I hold. That is not a simple search but a full check. I certainly did not give them any sort of permission to do this!!! Can they argue as they now own the alleged debt. It gives them carte blanche to do this sort of thing as it was in point 17.2 of the original terms and conditions. I would love to take them to task on this, as I feel that it is a gross invasion of my privacy, but they will probably hide behind those terms and conditions.
  5. I am trying to get my head around this at the moment. Please forgive me if I'm being a bit dim as this is all new to me. So the documents that say Digital Signature Application Details are actually screen shots of my credit record and nothing at all to do with the original application process?
  6. I am currently writing a few notes for the hearing a week tomorrow. My main defence is the reconstituted credit agreement they have produced. I understand that it does not need a signature (Under the HSBC ruling) but it does require certain other criteria to make it enforceable. However, as it was an internet application, it would have been a tick or a mark. In my defence, (kindly helped by Andyorch) in a true reconstituted agreement, it would have been an online credit agreement and therefore a digital signature would have been present. Firstly, and this is probably my strongest argument, is the CCA1974 states that my name and address must be present on the agreement at the time of inception. My address is not present on any page of the alleged agreement and my name was only included 2 years after the event when it was pasted on to this document. There was no credit limit shown and no APR. In the document, it gives 6 levels of APR (A to F). It does not show the true APR and/or interest rate which applied to the alleged account. As this alleged agreement omits these prescribed terms, the reconstituted credit agreement provided by the claimant is completely unenforceable. Am I going down the right road with this. Any comments would be gratefully received. I usually find it best to write things down to remember and that helps me get my point across. Nerves are starting to kick in a bit, but I will have my friend for moral support so hopefully I won't be as anxious.
  7. I can only assume that they got it when they acquired the alleged debt back in 2017. I understand that searches only remain on the file for a limited period of time, so any search that they did then will not show up now.
  8. Just to update everyone. Witness statement, ROP letter and alleged credit agreement filed at court this morning. I have also sent them the same which they will receive tomorrow morning. There is nothing on my credit files, nor any searches. The default dropped off my file a few months ago after 6 long years. My file is completely clean now, and I'm hoping it stays that way.
  9. That's brilliant. Thank you so much. I have made the amendments and will drop it off at the Court tomorrow. I work near to the Court and my friend is going to be with me for moral support. As it is slightly out of the deadline, do I need to provide a reason to the Court or do I just hand it in as normal. Also, I will obviously need to send a copy sent by recorded delivery to Lowell Solicitors. Once again, many many thanks.
  10. Many thanks. You are an absolute star.
  11. Many thanks. So how do I go about the amending the wording in my witness statement with regard to the CCA being nonsense. As this is probably the basis of my case.
  12. Yes, that's correct. There is nothing else apart from what I have uploaded.
  13. I'm so sorry, I don't know where I have got the online tick from. I must have meant that I signed the agreement in the first place with just an online tick. I do apologise for any confusion caused.
  14. Here are the rest of the exhibits requested, NA3, NA4 and NA8. I have just blocked out the usual, anything that would identify me such as names, addresses and account numbers. Sorry that I didn't put everything together in one go, I am a bit of a technophobe, more used to pen and paper. Still trying to get used to this scanner. Many thanks. PS. Just seen your last post. It was their supposed copy of a CCA and the digital application which I have just uploaded. Exhibits NA3 NA4 NA8.pdf
  15. I have copied them straight from the order which they came. I was very careful to make sure.
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