Andyorch & Dx

CLAIM DISMISSED!!!!!!!!!

I held it together!!!

So much to take in & so many questions asked i cannot remember them all.

Judge was very fair indeed but ultimately I got off on a technicality!!

The Judge said that himself that as Lowell had not produced the correct paperwork!!

Advocate turned up for them!!

He was also annoyed and you could tell that with the supplementary WS outside the timeframe.  

I do thank you very much for your help & i will donate later today.

I'm sure it asked me for it on the DQ  

I will do that Andyorch tommorrow Many Thanks.

They have their supplementary WS dated the 5th August ?? 

But on the 6th August today by email they said" I am writing a quick email to let you know I am in receipt of your Witness Statement.

I am awaiting instructions from the Claimant regarding our reply and will be in touch in due course."

How can i be sure which day they submitted the supplementary WS????

Is it worth an email to Lowell by email now????

Telling them the same that they cant submit it a day before and that they have not sought my permission and its inadmissible????

29 minutes ago, dx100uk said:

and their new exhibits are the load of ole repeated twaddle they filed before

the t&c's are pre contract too!

not applicable!!

 

 

 

 They try everything dont they????

Is it to try & bamboozle Judges???

Thank you for that.

I will now cross my fingers & be confident for tomorrow on the call from the court.

My husband will be with me to help having read everything here.

I received an email today from Lowell :

Dear ******,

I am writing a quick email to let you know I am in receipt of your Witness Statement. I am awaiting instructions from the Claimant regarding our reply and will be in touch in due course.

Kind regards

************* 

Complex Litigation Paralegal

 Lowell have now emailed the below!!!!!!! 

This mob are unbelievable.

Making be bloody angry i tell ya!!!

Reading our WS and then doing another themselves & adding more Exhibits!!!!!??

Is this allowed the day before the Court Case??????

HELP HELP HELP

Regards

KG5HK8283 Supplementary Witness Statement 5 August redacted.pdf

Hearing: 7 August 2020 *******

Dear *********

As confirmed in my email earlier, thank you for serving your Witness Statement which has also today been filed at the Court. Please find attached a response from the Claimant.

Yours sincerely,

*****************

Thanks i have read the above.

I just don't want to say the wrong thing on the call !!!!!!

I guess only speak when spoken to.

I just wondered if i would be asked questions about the debt?

If i think i owe the money?

How did the debt accrue?

Because after all I am trying to get it quashed on a technicality of which iam not an expert!!!!!   

Many Thanks Andyorch.

I have added all my details and sent to Lowell by email & taken by hand to the court.

Do you guys have any idea if proceedings over the phone go correctly what i could be asked??

So i have some good responses ready to hand?

Regards 

K

Thankyou very much i will be around all day it would be appreciated

Below is another attempt :

IN THE COUNTY COURT AT ***************                 CLAIM NO:**********

BETWEEN:

LOWELL PORTFOLIO I LTD CLAIMANT

and

MRS *********************** DEFENDANT

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

WITNESS STATEMENT OF ******************

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

I, ******************************************* WILL SAY as follows:

I make this Witness Statement in support of my defence in the claim.

INTRODUCTION

1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt to maximise profit.

2. 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.

BACKGROUND

3. The Claim relates to an alleged Credit Card Agreement between the defendant and Vanquis Bank

4. Whilst it is accepted that the defendant has in the past had financial dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.

5.The defendant made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 on the 27^th August 2019 along with the standard fee of £1.00 postal order to which the defendant received a reply dated 6^th September 2019 putting their account on hold whilst they tried to gather the information.

6.The defendant received a reply dated 24^th October 2019 with no CCA attached other than the documents which enclosed a statement, default notice, notice of assignment from Vanquis to Lowell & a reconstituted copy of an agreement which the claimants have already provided in their witness statement dated 3^rd August 2020.

7.On 15^th January 2020, I received a claim form from the County Court Business Centre, Northampton, for the amount of £******. The claimant contends that the claim is for the sum of £********* in respect of monies owing under an alleged agreement with the account no ******************* pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimants particulars the claimant states that the account was subject to assignment from Vanquis to Lowell on 24 June 2015 with notice given.

CONCLUSION

8.To date no valid full true copy of the executed credit agreement or the terms and conditions have been disclosed .the claimant has no grounds on which to enforce this alleged debt.

9.The claimant disclosed various screenshots taken from the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots are devoid of any tick box or any authenticity of IP address conformation check.

10.Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.

11.For the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out pursuant to the above.

STATEMENT OF TRUTH

I, ************** the defendant, believe the facts stated in this witness statement are 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 its truth.

Signed: ……………………………………………

Print Name: *************

Dated: 4^th August 2020

I'll be honest and say then i don't know what else to add.

They have sent the court & myself a 50 page WS.

How should i fluff out my witness statement with what Exhibits? 

How do i get the Judge in any other way apart from the above to see they have been non compliant & in default to my section 78 request?

I only have till court closes tomorrow to hand in my WS 

Hi Both,

I have time today & tomorrow until the court closes to hand in my witness statement to them.

I will email Lowell just as they have done me & hand documents into the court tomorrow.

I have started the WS as can be seen.

I have also at home printed off Headed Exhibit pages ready to go.

I would appreciate where & what you would advise for me to pad out my WS & with what exhibits. 

I really dont expect you to do it for me but just a nudge in the right direction & with what & just a little more help as to what i need to convince the judge.

Also what will the judge ask me i was nervous when in Mediation when the lady basically said you owe the money!!!!

I have done the below so far today:

4. On *********, I received a claim form from the County Court Business Centre, Northampton, for the amount of £*******. The claimant contends that the claim is for the sum of £******* in respect of monies owing under an alleged agreement with the account no *********************** pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimants particulars the claimant states that the account was subject to assignment from Vanquis to Lowell on ********** with notice given. I WILL COPY CLAIM FORM........ CALL IT  EXH 1 

5. I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.I WILL COPY MY CPR31.14 REQUEST............. CALL IT  EXH 2 

6. The Claimant sent a response which enclosed a statement, default notice, notice of assignment from Vanquis to Lowell & a reconstituted copy of an agreement

I WILL COPY THE ABOVE DOCUMENTS........CALL IT EXH 3 

On 04/08/2020 at 09:21, katyviolet09 said:

Yesterday @ 4pm i received a 50 page document via an email from Lowell Solicitors

Below is their redacted WS

Claimants_Witness_Statement.pdf

Yesterday @ 4pm i received a 50 page document via an email from Lowell Solicitors

As of today still no WS from Lowells

Hi Guys,

I am hoping they pull out at the last minute.

It will also be interesting to see what the postman delivers in the next week!!

However i have prepared a WS & If you could take a look @ the below it would be appreciated to see that i have mentioned what is important to my defence.

Its a little bit daunting!!

I presume that i will also provide a bundle of documents for the Judge of letters to Lowell/ requests & bumph I have received from Lowell??

TYVM

IN THE COUNTY COURT AT ************

BETWEEN:

LOWELL PORTFOLIO I LTD CLAIMANT

and

**************** DEFENDANT

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

WITNESS STATEMENT OF***********************

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

I, ****************************************************************** WILL SAY as follows:

I make this Witness Statement in support of my defence in the claim.

INTRODUCTION

1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt to maximise profit.

2. 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.

BACKGROUND

3. It is accepted I have had financial dealings with Vanquis in the past

4. On *********, I received a claim form from the County Court Business Centre, Northampton, for the amount of £*******. The claimant contends that the claim is for the sum of £******* in respect of monies owing under an alleged agreement with the account no *********************** pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimants particulars the claimant states that the account was subject to assignment from Vanquis to Lowell on ********** with notice given.

5. I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.

6. The Claimant sent a response which enclosed a statement, default notice, notice of assignment from Vanquis to Lowell & a reconstituted copy of an agreement

CONCLUSION

To date no valid full copy of the executed agreement or terms & conditions have been disclosed.

The claimant disclosed various screenshots taken from the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots are devoid of any tick box or any authenticity of IP address conformation check.

Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.

For the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on.

STATEMENT OF TRUTH

I, **************** the defendant, believe the facts stated in this witness statement are 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 its truth.

Signed: ……………………………………………

Print Name: ***********

Dated: 4^th August 2020

On 28/07/2020 at 17:31, Andyorch said:

And you must file and serve (Court and Solicitors) your witness statement with evidence by 5th August

Below is page 3 sorry i forgot to scan!!!

I am starting to get my Witness Statement together.

I would appreciate if you guys could peruse it for me when ive attempted it in plenty of time. 

Proposed Action

I will contact the court just after 4pm on the 4th August.

I was thinking of getting the WS prepared on my computer ready to print off & send 1st class signed for to Lowell between 4-5pm on the 4th August THATS IF THEY PAY THE COURT FEE?? .

I only live 15 mins from the court so can deliver WS personally to them on the same day.

I thought the dates here were a bit close here.

Hearing Date: 7th August

Hearing Fee: 4th August by 4pm

Documents Served by both parties: no later than 5th August

Do Lowell normally pay up?

or would they have expected me to fold by now?

What % of Lowell CCJs end up going the whole distance?   

On 28/07/2020 at 16:49, dx100uk said:

by 4pm 4th august lowell MUST pay the fee of £115.

ring the court the very next day and check.

 

and they must send to you and the court the signed agreement and anything else they intend to rely upon.

 

have lowell got your email address..i hope not.

 

 

You said "hope not" but unfortunately its a YES to providing email on the DQ(Small Claims Track) why do you ask dx100uk? 

I received this from the Court today

N157 Telephone Hearing Date.pdf

Good Morning

I received the following letter yesterday.

N271.pdf

Well I don't really want to go to court but I will go all the way no point in giving up now!!!

I've heard nothing since the Mediation until today I received the below letter from Lowell.

What do you make of the wording??

2020-06-01 lowell letter.pdf

Well that was interesting.

Mediator rang up in a friendly tone & explained what mediation was about. Went on to say she had spoken to claimant & they went through a timeline of the cc details, figures & what had been sent.

Then she asked why I had decided to mediate & did I read my email about mediation. I told her that the claimant had not provided me with enough info to make an informed decision.

This lady kept saying why have you come to mediation when you are not prepared to mediate & then asked what gave they not sent you to make an informed decision. She was really really pushy & wanted me / them to come to a deal. So she asked did I accept remember that I took the card out etc etc?

What haven’t Lowell disclosed she asked, I did actually tell her & why they remained in default of my section 78 request.

I did seem a bit nervous as her tone started to say I have wasted mediations time. She went onto say a court date would probably be set, hear from them in due course & it would be sorted out by a judge.

I’m still shaking but held my ground now feeling nervous as have never been to court but I think I’ve followed your advice as near as I can.

34 minutes ago, Andyorch said:

Your amended defence in post #26 above which I have just edited.

Claim History

Ah yes, you are a diamond.

Very blonde moment and I'm not of that colour!!

Once again thank you to yourself & dx thus far this site relies heavily on you..

I promise to donate to your fund soon.

I am prepared to go all the way.

I have been reading and reading on here the next steps etc etc.

I have another very similar with Lowell that is SB in about 6 months I wonder whether they will give up with that or pursue??

Regards,

K

5 minutes ago, Andyorch said:

Done check the above.....see if you are happy with it.

Am I being blonde, happy with what?

Hi Andy,

Appreciate if you could take a quick look at the above,

Iam going get my defence in shortly as I will be out during the afternoon,

Many Thanks,

Regards,

K