Perhaps they are. It is an error that hopefully can be resolved so that I can attend and then I will make a formal complaint about the admin error. I need to wait now and see what Wednesday bring.

I just want to say thank you to everyone for their efforts so far. I'm hopeful that I can get this back to a court room and attend and present my case. I honestly can't thank everyone enough for everything.

Hello, I've just stopped off at my friends and still not heard anything from the court. I phoned them a few minutes ago and they are running about 2 weeks behind. As I wasn't able to attend being on holiday I would have thought that if the claim had succeeded against me then Lowell would have been in touch. Is that the way they work? Pete is going to create a separate account rather than using mine as it confuses my old mind.

Thanks Andy. I wasn't sure so I worked on a 'throw everything at them' process. I'll sort it and then head up tomorrow, get it signed and posted to flowells and the court. Pete

Thanks Andy, I know the feeling. I'm mindful that he's away this Friday with family so if you get a chance to look it over then I'll drive up to him and show him and get him to sign and he can post it before he leaves. If not then I'll go with what I've come up with but you'll have a better idea than me. Pete

Hi, I've just got back and wondering if there are any thoughts on the above I drafted for Simple? Cheers, Pete

Hi, I've had a chance to go through their WS and I've drafted this supplemental. In the County Court Case Number: Date: 13th October 2018 ________________________________________________________________ Parties Lowell Portfolio I LTD Claimant Defendant ____________________________________________________________________________________________________ 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. CONCLUSION 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.

Thanks Andy. I'm going to go over it all and try and draft a supp statement. I'll get it posted up before it's sent. I'm away for a few days for work next week so it may be the back end of the week before I get it sorted. I know it has been a challenge to support Simple but given his age and lack of knowledge and especially computer skills he's done ok. He won't mind me saying he gets a little flustered with it all. Cheers, Pete

Hi, just to let you know that Simple (no pun intended) has gone home and I'm going to keep an eye on this for him. He's mentioned and left me with their statement which I'm going through and I see he has posted it up. It looks very unlikely that Lowell Sols have seen the Witness statement he sent as their envelope was dated yesterday (11th) and on reading it all through properly their exhibits are dated the (10th). They must be referring to the statement of case sent some time back. His first one was only posted on the (10th) and I took the signed version yesterday (11th) to re-post. They (Flowell) have indeed used the wrong account number on their witness statement. I've gone through all their letters during this nonsense which I have now and they all reference the 6817 account number - except on the screen shot of the application where it ends 6542. Even the NoA - they have now included the DEFAULT NOTICE and that also references the account ending 6817 - they sent which is worded; "Re: Your Vanquis Account: 4023XXXXXXXX6817" - not only does it show the account number once but it is also on it at the top of the noa. they have claimed some 25 or so letters were sent to the defendant and that is being denied by him but I know what I would do if I got them... Simple has left me with all this and I've scanned the Vanquis statement which clearly shows the right account number and matches the (suspect noa and also every other piece of toilet roll they have produced) but the paralegal has referenced the account number on the application which is wrong. I'm sorry if I have repeated what he said as I am trying to get to grips with this. Copy of Vanquis Statement - Amended.pdf

I received their pack first thing this morning. They have sent me the same stuff as before and included the postal order I sent for the CCA / CPR (sorry, can't remember which one it was for). Just to note, when I originally sent it I forgot to add the postal order so sent it with another letter and that is why they refer to 3 documents. They have failed to explain why the account number doesn't match the card number and have actually now referenced the account number in their witness statement as different from the account number they reference in all their other paperwork and the claim form. The account number on their (let me say, maybe manipulated notice of assignment is 4023********6817 - this is the right one as it matches my statement from vanquis) but in his statement he has referenced it as 4023********6542 (this one is in relation to the other Credit Card I had and only appears on their screen shot of the application). The application clearly shows the date as being approved on the 15/01/2011 at 12:19 yet the Terms and Conditions are somehow approved two days before that and dated 13/01/2011 at 12:48. - They have referenced the account being "the agreement" being 13/01/2011 (not sure how terms and conditions are approved two days before an account is actually applied for - their screen shot shows it applied for on the 15/01. They have not dealt with any of the errors with figures or even explained the issue with the agreement being dated two days before or the fact that I have proved the account number matches the card number. They even used the right number on the claim form but have got it wrong in their statement. I have attached their statement and would be grateful if someone would let me know what they think. I've come down specially to post this up. Theirs is dated the 3rd Oct so I don't even know if they have seen mine yet. Everything has been sent signed for but I've just checked and it's not been updated yet. As I still have until 4pm I think it is, can I send an email to the court to highlight the errors in their witness statement? Actually I think I have just seen the issue with the application date and approval. On their screen shot the app date is the 13/01 and the approval at the bottom is the 15/01 - does still seem odd though. Although, the account number is definitely not right. It can't be and an original statement from Vanquis that says "account number" ending 6817 can't lie. Lowell Witness Statement.pdf

My friend has just gone to post them at the PO for me. Sorry for my stupidity.

I sent 3, one for court, solicitors and claimant. I forgot to sign them all. Shall I resend? My friend says to email it over to the court and email lowell with it as well?

Hello, I've sent my witness statement and all the documents I refer to as exhibits but I forgot to sign my statement. Is that going to cause me any problems do you think? I got in a complete muddle and my friend was trying to get the documents all printed off but I forgot to sign it.

Hello, I've read the comments and have adapted the statement as required. I'm going to send the statement and all the exhibits I have. Thank you.

OK. I can't really do much more now so I'm going to wait until we see him on Wednesday and give him a swift boot behind as it's a total shambles. Thanks to you both for this morning and everything you've done so far.

I agree. reading the thread the deadline is this coming friday. He said he was wanting to get it away on Wednesday. They are going to receive it Thur/Fri morning I suspect which means if they don't send theirs then we can't make amendments to his to accommodate any issues. If theirs is late then I doubt the court will strike it out just on that and possibly give them another chance. What is the best thing for him to do? Send it and hope they supply the same bumf they have already? My head hurts already, thanks for helping.

OK - I'll let him know. I don't want to touch any of the documents here as there are mass documents and I don't know which one to amend. I'll sort that. Can I assume that given you've highlighted only that part of his WS that the rest is ok and good to go for him? He's scanned in the statement that they sent him (Lowell) and it's on my desk and I've had a little look through and noticed that the first page has the the right account number (card number) on it - then at the side under the column 'account number' it has the other 16 digit number that they allege is the account number (though he has a statement to prove otherwise). then down at the bottom the under the 'account number' column is changes to a completely different number. I'll quickly scan one up and remove pertinent points so you can see what I mean. Sorry to add more comments on this and help my friend make the biggest thread in the world but needs must. As you can see, it starts with a 16 digit account number but at the bottom (last 3) it changes and on every other page the change stays the same long number ending 7283. I'm not sure why he hasn't mentioned or put this up before but hopefully this helps him somewhat too.

Thanks Andyorch - I've just read through the whole thread and I'll try and offer what assistance I can. I've just read his defence and he has included the statement re LoP. I've also just seen the issue with the account numbers/card numbers and incorrect dates on the docs I posted up for him too. I guess (and I am guessing) that it will not be enough for the court to persuade them that the claimant appears to have used, I will use the word, misleading documents?

OK - On his behalf he is telling me that because he hasn't entered into an agreement with them directly then he doesn't owe them a penny. Please don't shoot the messenger, I've explained that may not be a good statement to make. My thoughts is to get him to remove that but I'm not as knowledgeable as you guys. What do you think? I'm going to read through the thread as I have no clue what he's done so far and I've documents all over my desktop on the computer.

Andyorch, I don't know. I'll phone him and ask him.

Good morning all, I'm leaving for home shortly and I've asked my friend to monitor this for me so if you do get a chance to look over my witness statement they will let me know as I will need to make sure it is with the claimant on Friday as that is the cut off date. Thanks again Hi, my friend who is going through this at the moment has asked me to post this up for him on his behalf... I can't remember what my account was called so he left me his. It seems these show the acceptance date and the date of the terms and conditions being incorrect. I haven't followed his progress and just had a read through and I am sure he is in good hands with Dx100 and Andy who helped me some two or three years ago. I see he has lots of posts on here. Please bear with him, he's struggling and I'm not always around to help him out. Thanks for looking after him, Ex CAG member Copies of Scanned Terms and Screen Shot with Wrong Dates.pdf

This is my Witness Statement to date. Please feel free to amend or explain if I have gone wrong somehwere. In the XXXXXXXXXX County Court Case Number: XXXXXXX – Date: XX October 2018 ________________________________________________________________ Parties Lowell Portfolio I LTD Claimant Father Christmas Defendant ____________________________________________________________________________________________________ Witness Statement – Father Christmas Exhibit References: XX1, XX2, XX3, XX4 Page 1, XX4 Page 2, XX5 & XX6, XX/7, XX/8, XX/9 & XX/10 __________________________________________________________________________________ I Father Christmas, 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 statement in preparation for the small claims hearing fixed for the 26th October 2018 at 10:30. Within this statement I will make reference to several documents which are each marked as exhibits. __________________________________________________________________________________ Defence On 31st January 2018 I received a claim form from Lowell Portfolio I Limited seeking £2463.43 plus costs for a debt that they claim is owed to them under the Consumer Credit Act 1974. Upon receiving the claim form I immediately sent a request to both Lowell Portfolio and Lowell Solicitors for copies of the agreement and all documentation to which they refer, notice of assignment and also the default notice sent by signed for post. The claimant and Lowell Solicitors failed to provide the requested documentation in the given timeframe and instead provided copies of documents that have several pertinent and important errors on them and I set out these errors in my attached document which shall be exhibit XX/7 which shall follow on from my Statement of Case dated the XX XXXXXX 2018. The Consumer Credit Act allows for 12 plus 2 days for a request for a true copy of a credit agreement to be carried out before the claimant enters into a default situation, this limit expired while the claimant was “requesting” the documents from the original creditor which they should have been in possession of. Instead the claimant sent a misleading document suggesting it to be a “notice of assignment” but was in fact a letter “introducing Lowell” – this is exhibit XX/4 1 and XX/4 2. The document that the claimant was obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the claimant and myself as defined in section 61(1) of CCA 1974 and subsequent statutory instruments. If the executed agreement contained any reference to any other document, the claimant was also obliged to send me a copy of that and no such document has been received. Instead the claimant and their solicitors sent reconstituted documents as follows; (1) – Copy of Notice of Assignment (2) – Copy of Notice of Default (3) – Copy of Terms and Conditions (4) – Several letters demanding payment I wish to point out the most serious issues of their documentation within my defence. • The Claimant has provided a screen shot of the application for the credit card with an incorrect account number assigned to it. That number relates to a credit card I previously held and does not match the account number of the account to which they refer, exhibit XX/10 shows a previous statement from the original creditor that clearly identifies the card number to which the claimant refers but also the true account number, exhibit XX/7 goes on to further explain how the banking of the credit system works and why the card number must match the account number. • The application date on the screen shot the claimant provides shows the account to be applied for and approved on 15/01/2011 at 12:19 and with terms and conditions referenced as NP-TA-16. However, the date and time on the terms and conditions sent by the claimant is dated and timed two days prior to the account application being approved. This is incorrect and impossible as the terms and conditions should be dated with the same date and time as the application as the terms are accepted by a tick box at time of application. • I sent a letter to the original creditor dated the 19th September 2018 requesting copies of the Default Notice and Notice of Assignment, it was sent signed for post and was received on the 20th September 2018, exhibit XX/8 shows the signature and name. No response has been forthcoming from the original creditor and as such it is my belief that the claimant has not been able to obtain true copies. The documents sent have serious errors on them and all these are detailed in exhibit XX/7 and I respectfully bring your attention to all of these errors and what appears to be deceptive documentation designed to mislead myself and the court. CONCLUSION Sir / Madam, The claimant has made reference to an account with the original creditor Vanquis Bank Limited which I had some dealings with in 2011. I have never had any dealings with the claimant and I have requested true and accurate documents to be sent to me, these have not been received. Instead I have received misleading and deceptive documents that may have been manipulated in order to secure a County Court Judgement against me for monies I do not owe. The documents have numerous serious flaws with account numbers, dates, values, terms and conditions dated two days prior to the account being made or approved. I believe, and I ask for your consideration that the claimant makes mass claims against people in the hope that the claims are not challenged and that a County Court Judgement is entered by default. It is clear the claimant is not able to provide the requested documentation I am legally obliged to receive under the Consumer Credit Act 1974 and instead has made documentation up to make it look as though it is genuine. I respectfully request the court exercises its discretion to strike out the claimants claim as they are unable to comply with the statutory request made under the CCA 1974 but instead have sent misleading and adapted documents in place of originals. As such the claim made is unenforceable under the law due to their failings and misrepresentation of documents. I respectfully request that no judgement be entered against myself at the hearing and that all the costs incurred in this claim are met by the claimant. Statement of truth. I believe that the facts in this statement are true. I would appreciate it if someone would come back to me as soon as. I'm going home tomorrow and won't get any update from you until I return on Wednesday.

I'm looking through the WS you sent. I have mine formatted similar but still working on it. Are you suggesting that some of the wording in that WS may be suitable to use? It reads very well.

It's not my intention at all to waste anyone's time. Because I don't really know what I am doing I am relying on friends and you guys, putting trust in people I don't know which I am sure you will appreciate is a little daunting. I am doing everything I can to try and learn and I have learnt a lot in the last few weeks. I never knew how a bank card worked!! I haven't sent anything as you told me to wait until the last minute and that is what I am doing but I do need some guidance with it all. For example, I've asked if anything I have done so far is beneficial and I've had no response and I can only do what I think is going to help me. Rest assured, I am ever so grateful for the help and I am not intending on wasting your time or anyone elses, simply learning and needing to ask lots of questions. Edit: The hearing is taking place in my absence. It can't be moved.

My sincere apoloiges - it is the breakdoiwn that is to be attached to it. I've got the format laid out as per the link you sent. Those are all the errors with their claim and inconsistensies.