Hi, I've had a chance to go through their WS and I've drafted this supplemental.
In the County Court
Date: 13th October 2018
Parties Lowell Portfolio I LTD Claimant
Supplemental Witness Statement – ME
Exhibit References: XX XX XX XX XX XX XX XX XX XX
I ME, am the defendant in this case. Lowell Portfolio I Limited have issued a claim for an alleged credit card agreement between myself and Vanquis Bank. I make this additional supplemental statement in preparation for the small claims hearing fixed for the 26th October 2018 at 10:30.
Further to my Witness Statement dated the 10th October 2018 I respectfully request that this be allowed as I have now received the evidence pack from the claimant’s solicitors and wish to respectfully point out a few additional but pertinent points.
Sir / Madam,
I wish to make additional statements in relation to the Witness Statement sent by Lowell Solicitors, dated 03rd October 2018, received 12th October 2018.
Point 3 of the Witness Statement refers to “the agreement” dated 13th January 2011 between myself and Vanquis Bank Limited. I wish to point out that their witness statement refers to the wrong account number 4023XXXXXXXX542 – this is exhibited as “XX1” on their witness statement.
With my respect to the court, the claimant has failed to provide the right account number to which the claim refers in their statement. All the documentation, which includes the alleged Notice of Assignment, Notice of Default and the Default Notice which has been disclosed in their witness pack all refer to the account number 4023 XXXX XXXX 6817.
I have proved beyond any doubt that the account number ends 6817 with the Vanquis Account Statement – Exhibit XX and why it is necessary for the account number and card number to match.
Point 6 refers to the Notice of Assignment to which they exhibit as “XX” which clearly shows the “account number” at the top of the letter and also the heading “Re: Your Vanquis Account: 4023XXXXXXXX6817”. The claimant is put to strict proof to show how they have been able to disclose a completely different account number than the one on the original creditors own statement. (NOTE: FOR THE AVOIDANCE OF DOUBT, THE ACCOUNT NUMBER IS ON THE PAGE TWICE )
Also, as the claimant has exhibited what appears to be a screen capture of the account application which is the only document to show the wrong account number, they are put to strict proof to provide the original application as that document can not be genuine given my exhibit XX which shows otherwise (NOTE: I REFER HERE TO THE VANQUIS STATEMENT SIMPLE POSTED UP).
Point 8 refers to 29 letters being sent to myself between 25th April 2014 and 20 November 2017 – I never received any such communications from Lowell Portfolio or Lowell Solicitors until the Claim Form arrived. This was the first opportunity I had to question the alleged debt and Lowell failed to provide the requested documentation within the requirements of the Consumer Credit Act 1974.
The claimant is put to strict proof to show all 29 letters to which they refer as it is my belief that this statement is wholly inaccurate and is intended to mislead the court and myself.
I previously questioned the debt with Lewis Debt Recovery in January 2012 and nothing was ever heard back, and Lewis Debt Recovery never made contact again.
Point 9 refers to the defendant failing to respond to correspondence. I never received this correspondence but wish to point out that the writer of the statement has sent a letter as an exhibit which clearly references a different account number to the one referenced in his/her statement, it also states that I entered into an agreement with the original creditor on the 15/01/2011 yet their statement in Point 3 of their witness statement documents it was the 13/01/2011 and equally as importantly it documents the account being sold on the 04 August 2013. They even show in this letter on the Statement of Account that the “period of statement” being 04 August 2013 to 18/12/17 – They have exhibited this document as XX.
Sir / Madam,
The statement provided by the claimant’s solicitor/s has only amplified my defence in that the claimant has provided documentation to myself which does not comply with the requirements set out in the Consumer Credit Act 1974 and is therefore unenforceable.
Given all the errors before the claimant’s witness statement was received and now the additional errors of referring to the wrong account number, all their paperwork and alleged letters referring to an account number ending 6817 and also explicitly showing the account to have been sold to them on the 04/08/2013 and even providing statement from 04/08/2013 to 18/12/17 which actually implies that the Notice of Assignment exhibited and sent is indeed not genuine as they couldn't have sent a notice of assignment before 04/08/2013 according to their paperwork and statement of account.
With my sincere respect, it is my belief that some of the documents may have been adapted and or manipulated. The claimant’s solicitors have sent a witness statement under oath that the facts stated in the statement are true and it is astoundingly clear that some are not, and they have even exhibited these.
It is my belief that I have proved that these documents are not only non-compliant but also not genuine and appear given all the errors to have been manipulated for the purposes of this claim.
The claimant has failed to disclose the required true copies of all the documents as requested under the Consumer Credit Act 1974 and has instead provided misleading, inaccurate paperwork which doesn’t even match their own witness statement.
I believe that everyone makes mistakes on occasion but in this instance, it is before a court of law and under oath and appears to be with the intention to deceive. This case has error after error and I respectfully ask that the claimants witness statement and case be struck out given the above and that all costs of defending this case be awarded to myself. It is also my intention to bring all these errors to the attention of the Solicitors Regulation Authority and the Financial Conduct Authority.
Statement of truth.
I believe that the facts in this statement are true.
Let me know please what you think. I haven't done one of these before and trying to do it on someone else's behalf isn't easy either. I'm happy to scan in and show the documents I've referred to they have quite frankly, cocked up.