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Saj33

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Everything posted by Saj33

  1. Thank you, I will carry on with the repayments. It went from Marlin to Cabot in April and I have not paid since. Do I make a payment for the months I have missed? Also the ccj on my credit file was removed a couple of years ago, can Cabot try and get a default on my file at any point?
  2. Yes, i had a payment plan in place with Marlin following a judgement and N245. Not sure if I should continue the arrangement with Cabot? I have so far declined all requests from Marlin to complete their income and expenditure form and most likely Cabot will request this to be completed if I contact them to continue the repayments as per the judgement. I just do not want resolve call to come knocking on my door again
  3. Hi, Thank you for reopening this thread. I have an update I wanted to share and get some advice on how to proceed. I requested an SAR 5 years ago and I did receive a response, I have misplaced the documents and I am trying to find then. It seems Marlin/Restons have sold them the debt to Cabot, I have been getting letters from Cabot and a company called resolve call. I have not responded to any of the letters and i have made no payments to Cabot, resolve call visited my home a few days ago but i did not answer the door. Do I carry on paying Cabot the amount I arranged to pay Marlin? Just stuck deciding how to proceed whilst I locate the SAR which I may have to request again.
  4. Thank you. When I try reset my password, I do get an email from restons with my account number and a new password, but when I try to use the details I get a message 'no account has been found based on the information provided'. Seems odd I have followed your advice and taken screen shots, thank you for your help with this. In regards to the debt and a full and final settlement, would £500 considered reasonable on a 2k debt?
  5. Hi All, I received a CCJ approx 10 years ago for a Lloyd's student account which I failed to repay on time. At the time I received the CCJ papers I did not respond to the court letters and a result a judgement was granted. Ever since I have been making repayments of £10 a month to Restons solicitors, I have on occasions made late payments but i have kept up date with any arrears, in the past when the CCJ was active I have been taken back to court by restons for late payments and additional charges have been added to the total amount as a result. The CCJ is no longer on my credit file and the balance owed is approx 2k. In the last 3 months payments i have not made a payment to restons, i usually make payments via the restons online account where. Today I tried to login into the account and make a payment against the arrears but for some reason my login details are not recognised, I tried resetting my password where I am asked to confirm my account number with restons and date of birth but I get a account number not recognised message. I am assuming at this stage they have blocked me from making payments until I contact. Restons have tried on a few occasions over the years to contact me to discuss completing an income and expenditure document to date I have not engaged in any communications with them and just made my repayments. I just wanted to get some advice, in order for me to make repayments I will need to contact restons to reinstate my online account, do I have to complete their income and expenditure document?
  6. 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.
  7. 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
  8. 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.
  9. Thank you dx. I am done researching so will go with everything i have stated above.
  10. 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?
  11. 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.
  12. That was them, the only thing i altered on that page was my signature. Does the pasted signature look odd?
  13. 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
  14. Hi All, Apoligies for the delay with this, see attached claimants witness statement.
  15. 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
  16. 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.
  17. 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.
  18. A little confused, although the claimant has not responded directly to the CPR and CCA, they have provided the credit agreement along with the default notice. Am i right in assuming you prefer if my witness statement was altered to match the above? If you could point me in the right direction and confirm what needs to be amended in my witness statement to include any of the above i would appreciate. The only have time i have left is to work on this tomorrow morning, i have to post by 9am.
  19. Amended witness statement below, i have removed posts 4 5 and 7 from the above. Does this read better? 1 I make this statement in support of my defence to the claim above and rely on the exhibits attached. 2 This claim is for a credit card agreement regulated by the consumer credit Act 1974 between the Defendant and Vanquis Bank Plc. Whilst I have had dealings with the original creditor in the past, I do not recognise any of the account details as I no longer have records of them. 3 On the 14 Mar 2017, in response to the particulars of claim served upon me, for more clarity on the matter I made a request under section 78.1 of the Consumer Credit Act, and paid the £1 fee via postal order for a copy of the credit agreement and statement of account. 4 This letter was sent recorded delivery to the claimant on the 30th Mar 2017 (see exhibit 1a and 1b). 5 I also made a CPR 31.14 request to the claimants solicitor on the 30th Mar 2017, (see exhibit 1c). The claimant Solicitors has responded and acknowledged my request for documents (see exhibit 1e). The claimants solicitors referred my request to Lowell Portfolio. I enquired for information including: 1 Agreement/contract 2 Notice of assignment 3 Default warning letter 4 Default notice 5 Information statement of Account relating to the accrue of charges and interest 6 The claimant and its solicitors have not complied with the CPR 31.14 and CCA request and have not sent any related documentation clarifying or proving the alleged debt directly to the defendant in response to the CPR31.14 and CCA request. 67I therefore cannot make any admittance to any alleged debt. 8 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 1f). 9 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. 10 The copy statements provided appear to originate from some system the claimant has and not from the original creditor and do not look like any known Vanquis statements. The copy statements are unnamed and show no specific reference they are from any alleged account linked to the defendant in anyway. 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 applied to the said balance. The claimant has not in any way proven the existence of the alleged debt. 12 Notwithstanding the above the claimant remains in breach of the 12 day response period under Section 78.6, therefore the claimant is unable to request any relief until such time they can comply. 13 It is therefore averred that there is no outstanding balance nor as the claimant been able to produce any documentation to prove otherwise and I therefore respectfully request that the court dismiss this claim and award costs it feel fit in defending this matter.
  20. Post 46/7 is in relation to the transactions that lowell have provided, it listed bank account details. This is a credit card claim. I will be submitting the witness statement above tomorrow if there are no issues with it.
  21. They have provided the credit agreement along with a default notice as per the order.
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