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Saj33

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Everything posted by Saj33

  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.
  13. 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.
  14. 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.
  15. 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.
  16. They have provided the credit agreement along with a default notice as per the order.
  17. Hi all, An update on my case. Last month i received a letter from the courts informing me of the hearing date which is later this month. I am due to submit my witness statement in two days time, please see a draft below. I would be grateful if someone could review and let me know if this is acceptable. I have not received a copy of the claimants witness as of yet, i did receive a letter from the solicitors last week with an offer to settle the case. The letter reads: "We refer to the above matter and enclose herewith documents in support of our clients claim: credit agreement and default notice. As you will be aware from our previous correspondence, we are instructed by our client to recover the above sums which remain outstanding. We have been notified by the court that you have filed a defence to our clients claim. Whilst out client believes that your defence is unlikely to succeed, in order to avoid either partys incurring further costs, our client has now instructed us to propose an offer of settlement to you". The letter then goes on to explain the offer. In the xxxxxxxxx county court Claim No.xxxxxxxx BETWEEN Lowell Portfolio 1 (Claimant) v Mr xxxxxxx (Defendant) Of xxxxxxxxxxxx (Address) WITNESS STATEMENT OF MR XXXXX (DEFENDANT) 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. 4 Whilst the account was running,I recall making a few purchases however no payments were made onto the account for several months. 5 After some time, I got into financial difficulty as i was unemployed at the time and fell behind with my payments. 6 I am unaware of any notice of assignment, I have now been issued a copy of the default notice by the claimant pursuant to section 87 (1) CCA 1974. 7 I therefore cannot make any admittance to any alleged debt. 8 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. 9 This letter was sent recorded delivery to the claimant on the xx/xx/xx (see exhibit 1a and 1b). 10 I also made a CPR 31.14 request to the claimants solicitor on the xx/xx/xx, which was received and signed for by xxxx on the xx/xx/xx (see exhibit 1c and 1d). The claimant Solicitors has responded and acknowledged my request for documents (see exhibit 1e). The claimants solicitors referred my request Lowell Portfolio, but as at this date have failed to disclose the information statement of account relating to the accure of charges and interest. 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 11 The claimant and its solicitors have not complied fully with my request. 12 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. 13 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. 14 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. STATEMENT OF TRUTH I believe that the facts stated in this witness statement are true. Signed Dated this day……………………..2017 Exhibit 1a : Copy of CCA Request Exhibit 1b : Proof of recorded delivery postage Exhibit 1c : Copy of CPR 31:14icon request Exhibit 1d : Proof of recorded delivery postage Exhibit 1e : Solicitors response
  18. Please see update defence below: IN THE county court *BUSINESS CENTRE Case No (NAME) - Claimant VS (NAME) – Defendant Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1 Paragraph 1 is noted. I have had an agreement in the past with Vanquis Bank Plc but do not recognise the account number referred to by the claimant. Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago. 2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3 On the xx/xx/2017 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has provided some documents in response to the order dated xx/xx/xxxx. 4 As per the order dated xx/xx/xxxx, 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. 5 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. 6 The copy statements are unnamed and show no specific reference they are from any alleged account linked to the defendant in anyway. 7 They show random unspecified transactions mainly concerning train tickets,flowers and a mobile phone payment. 8 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9 On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section Act 1974. 10 By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  19. The form states last 4 account digits, but the form actually has 3 numbers. The account may have been an old natwest account that i had. The bamk details are not on the POC.
  20. There is no hidden link, the transactions are dated from what i can see. Should i include what you have written in your last post, ?
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