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About Saj33

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  1. Hi, Is a solictor legally required to update a credit file for repayments on a ccj? I have been paying a small monthly payment towards my ccj for last 3 years and my credit file is still showing the original default balance. I have one year left on my ccj before 6 years is up, am i legally required to make payments after the 6 year date? There is quite a large balance still left.
  2. 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
  3. 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.
  4. Thank you dx. I am done researching so will go with everything i have stated above.
  5. 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?
  6. 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.
  7. That was them, the only thing i altered on that page was my signature. Does the pasted signature look odd?
  8. 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
  9. Hi All, Apoligies for the delay with this, see attached claimants witness statement.
  10. Hi andy, I have filed my witness statement on time. I received an email today from litigation at bw legal with a copy of the witness statement. I will upload a copy shortly
  11. Hi Andy, To date i have not recieved the claimants witness statement, i may recieve it tomorrow which is the deadline. I have only had an offer from the solicitors.
  12. Does this read better? I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. 1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income. 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. 2. On or around the 14 May 2017, I received a claim form from the county court Business Centre, Northampton, for the amount of £xxxx. The claimant contends that the claim is for the sum of £xxxx in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA). 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when any alleged Default Notice occurred or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice. 4. The particulars of claim state the debt was assigned by xxxxx and that Notices were provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignments. 5. On 30th Mar 2017 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. 6. On 30 Mar 2017 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 [EXHIBIT B]. 7. I have not received any of the documents mentioned in the claimants claim form. 8. The Claimant replied to my request 18 November 2016 [EXHIBIT C] and failed to supply any documents that I requested. 9 As per the order dated 11 Sept 2017, the claimant was requested by the courts to provide a copy of the agreement referred to the in particulars of claim, a full breakdown of how the amount claimed has been calculated. Copy statements in support of the breakdown provided (see exhibit D). 10 In response to the order, the claimant has provided documentation however the claimant is in default of the order as they are unable to provide a breakdown/original copy statements to how the amount claimed has been calculated. 11 The claimant have not been able to clarify by way of an itemised list how the alleged balance was derived and the legality of the charges 12 The Claimants pleaded case is that the Defendant entered into an agreement with xxxx under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had a credit card with Vanquis bank in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement on which its claim relies upon. 13 Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78 of the Credit Consumer Act 1974.
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