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mystirio

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Everything posted by mystirio

  1. have had ppi for barclays also no old statments shall we leave dead men lie??????
  2. 6 weeks now not even a reply from them on my cca
  3. ai chain loan i read about them on here give you a piece of bread then butter and jam
  4. did send to lowlife they said still not received from provident will put on hold
  5. sorry dx it was lowlife they bought it from hph2 yes door step loan
  6. update today as provident hasnt still supplied the document under cca and now it is 52 days they have put it on hold until they receive it and will send it on
  7. last communication from them was 4 april saying that they requested from santie and will update in 40 days that makes it 44 days up to now???
  8. maybe i am a bit premature in my thoughts ok sorted now it was before me in b/w
  9. no not yet andy lady for meditation last wed and said it would be transfered to local court
  10. true i recieved a notice of transfer of proceedings dated 12 may
  11. not recieved that yet maybe I am a bit overworried in case i get it wrong is there any dirty tricks that lowlife might try to use for me to look out for thanks
  12. back again when do I send witness statment and as andy said one to sol do i send one to court thanks
  13. the world is still of kind people you and dx are some of them thanks
  14. anothe rgo get it right in the end In The ######### County Court Claim Number########### BETWEEN Lowells Portfolio 1 Ltd Claimant AND ############## Defendant ############# WITNESS STATEMENT OF ############# I ####### begin the Defendant in the case as follows. I make this Witness Statement in support of my defence in the claim \numbered above 1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debts at a much-reduced cost to the amount claimed and which original creditors have already wrote off as a capital loss and claimed against taxable income. 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 credit agreements)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. 3. On or around the 2nd of March 2017 .I received a claim from the County Court Business Centre Northampton ,for the amount of £2580.85 the claimant claim is for sum of £2395.85 in respect of monies owing under an alleged agreement with Orange the account reference number ############# . 4.Contained within the claimants particulars, the claimants pleads that the defendant has failed to make the required payments and the service was terminated .There is no details contained within the particulars of the claim how the sum claimed and has accrued. The claimant is put to strict proof how the sum has accrued. If the sum includes a early termination fee then OFCOM guidance states that any early termination is made up of the balance if the remaining contract is unlikely to be fair as it fails to take into account the fact the provider did no longer has to provide and pay for their service. 5.The particulars of the claim state that the agreement was assigned to the claimant Lowell Portfolio Ltd Ellington House,9 Savannah Way,Leeds,West Yorkshire,LS10 1AB.and that notice given to Defendant. The Claimant is put to strict proof to evidence the details of assignment. 6.On the 4th of March 2017 I sent a written request for documents listed under particulars of claim under CPR.31.14 Exhibit 1 7.On the 6 March 2017 I received a letter from Lowell Solicitors, P.O Box 1419, Northampton,NN2 1BU stating notice of issue of claim. Exhibit 2 8. On March the 13 I received from Lowell reply to my CPR.31.4 ! Copy of Assignment and 1 copy of documentation regarding the balance. Exhibit 3 9 The claimant plead it case as the Defendant entered into an agreement with orange under account reference ####### I am uncertain as which this account refers to. It is accepted that I have had dealings with Orange in the past however I have no recollection the account number ###### the Claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement/contract on which its claim relies upon and it is requested that the court compels the Claimant to disclosure pursuant to CPR 31.5. 10.Until such time the Claimant can comply and disclose the agreement/contract or provide any evidence they refer to within the particulars of the claim,pursuant to CPR 31.5 it is respectfully request that the court dismiss the claim and any relief be denied. Statement of truth I ########## The Defendant believe the facts stated within this Witness Statement to be true.
  15. notice of transfer of proceedings today transfered to local c court can i represent my wife in court if so how do i do it
  16. thanks for that great help anyway their 40 days was up yesterday still nought from them
  17. looking at noodle the account number is diffrent to the one lowlife state sorted the one on the sar is the same noodle one must have their own number added on second attempt at Witness Statement hope this is getting there:???: In the County Court of Claim number Between Lowell Portfolio 1 Ltd (Claimant) and xxxxxxxxxxxx (Defendant) WITNESS STATMENT Of xxxxxxxxxx I Being the the Defendant in the case will state as follows. I hereby make this witness statement in support of my defence in the claim number The claimant is a buyer of bad or defunct debts which are bought on a mass portfolios of debts at a massed reduced cost of which the actual creditor have written off as a capital loss and claimed against taxable income. On [date] the defendant was issued with a N1SDT Claim form from the County Court Business Centre Northampton in respect of the above claim number. The defendant relies solely on the production of the particulars listed by the claimant in their particulars of the claim to defend this claim fairly. On March the 3rd I sent a request for CPR 31.14 for the disclosure of Documents mentioned in claim form. Bundle 1 copy of letter CPR31.14 I received from the claimant a Copy of the notice of assignment however this is formatted on plain a4 paper without any official heading and a unrecognisable signature also there is no name printed to confirm the persons identity only orange customer collections this document dated 10 July 2014 I also received letter stating that orange had sold the account to Lowell Portfolio Ltd where they refer again to Agreement number ****** this document dated also 10 July 2014. I checked my credit account with noodle to clarify the amount that the claimant stated however the default amount is for £639 the claimant claim £2,218.38 plus interest court fees legal fees therefore the remainder £1579.38 Bundle 2 copy of noodle report Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. The claimant has yet to supply how the amount they claim for is constructed.
  18. ok thanks for clarifiction heres my witness statment I know its crap however this is the first time i have ever done one welcome to criticism:pray: In the County Court of Claim number Between Lowell Portfolio Holdings Ltd (Claimant) and xxxxxxxxxxxx (Defendant) WITNESS STATMENT Of xxxxxxxxxx I Being the the Defendant in the case will state as follows. I hereby make this witness statement in support of my defence in the claim number The claimant is a a buyer of bad or defunct debts which are bought on a mass portfolios of debts at a massed reduced cost of which the actual creditor have written off as a capital loss and claimed against taxable income. On the 28 of February 2017 the defendant was issued with a N1SDT Claim form from the County Court Business Centre Northampton in respect of the above claim number. The defendant relies solely on the production of the particulars listed by the claimant in their particulars of the claim to defend this claim fairly. In paragraph 1 the claimant refers to the agreement between the defendant and Orange under account reference number xxxxxxxxxx the claimant has yet to provide copies of the said agreement as mentioned in the claim form and under request for information of particulars of claim under C.P.R 16.5(3) . In paragraph 3 the claimant refers again to the notice of assignment of the agreement and states notice given to defendant dated 10 July ,.The claimant did forward a copy of the assignment however this is formatted on a plain a4 paper with no official heading and a unrecognisable signature also there is no name printed to confirm signatures name ,states only Orange Customer Collections written beneath. In paragraph 4 the claimant that that despite repeated request for payment the sum ofxxxxxxx remains due and outstanding and the claimant claims the sum of xxxxxx interest pursuant of s69 County Court act 1984 at the rate of 8% per annum from the date of assignment to date of issue accruing at a daily rate of £xxxxxxxxxbut limited to one year being xxxxxxx the claimant was put to strict proof under CPR 16.5 as to show how the sum of xxxxxxxxxx has amounted to, if the alleged amount claimed includes an early termination charge(s) of the remaining balance then OFCOM guidance states that any Early termination Charges that is made up of the entire balance if the remaining contract is unlikely to be fair to take into account the fact the provider no longer has to provide and pay for the service . Noodle credit file states that the default is that the opening balance is £ 639 and default balance is £639 how does the claimant clainm the fiqure of 2380
  19. as it states in noodle default and thanks for that dx i did catch on to that one it is a big hik also is there link for documentation regarding ofcom just in case i would ned to provide in court thanks
  20. mcol states allocated to local court just trying to write witness statment got paragraph 1 done will upload when finished it states on noodle that the agreement defaulted but i did not recieve default notice also the sum is default 639 how is it over 2 grand also how often should i had default notice sent should orange have sent them i know i am a pain but trying to write witness statement
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