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stevie19772

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About stevie19772

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  1. hi want to say thank you very much for your help on this matter, court hearing happened today and case was dismissed and Lowell were given a severe ticking off for the state of there evidence and also false accountancy narrowly avoided being reported!
  2. ok is this statement better?; CLAIM NO: IN THE COUNTY COURT AT BEDFORD. BETWEEN: CLAIMANT -AND- DEFENDANT -------------------------------------------------------------------------------------------------------------------------------------- WITNESS STATEMENT OF I Mr will say as follows: INTRODUCTION 1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge. 2: There are several documents attached with this statement. (paginated) 3: It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit. 4: 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. BACKGROUND 5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank. 6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant. 7: The defendant requested a copy of the CCA on the 10/01/2016 to which the defendant received no reply (page 1) The claimant denies any request in its witness statement that this namely happened. 8: The defendant has received numerous letters from the claimant asking for payment with varying settlement figures leading, this along with the no reply for CCA request led the defendant to doubt the authenticity of the Claimant and the claim. 9: The figure on the Notice of default and the notice of assignment being different adds further doubt to the authenticity of the claim (pages 2 and 3) 10: Legal proceedings were issued on the 31/1/18 to which the defendant issued his defence a copy of which was served on the claimant. 11: The defendant stated in his defence that no evidence of the CCA has been provided nor evidence of the acquisition/purchase of the alleged debt by the claimant. DEFENCE: 12: The claimant has not provided a true copy of the CCA despite 2 requests being made firstly in 2016 (page 1) and secondly on the 5/6/18 (page 4 and5) in response to letter from Lowell solicitors dated 21/5/18 despite stating `please find enclosed a copy of the agreement` 13: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974 14: The `so called ` copy of agreement stated in claimants letter dated 21/5/18 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application. 15: The information provided on letter dated 1/3/18 from vanquis has been sought without the defendant’s approval and as the defendant did not contact vanquis to request application information and as such any information dated 1/3/18 provided by vanquis should not be used as evidence. IN CONCLUSION: 16: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork 17: It is therefore requested that the Claimants Claim is struck out pursuant to the above. Signed Dated this day…….
  3. I think they are re-constituted but they have provided them with the WS just want as much defence against them as well as the no CCA and default notice figure different from the assignment figure
  4. hi, I have noticed all of the letters issued by the claimant attached to the witness statement are missing important information either contact details, payment figures or even headings can I point this out in my defence?
  5. CLAIM NO: IN THE COUNTY COURT AT BEDFORD. BETWEEN: CLAIMANT -AND- MR DEFENDANT -------------------------------------------------------------------------------------------------------------------------------------- WITNESS STATEMENT OF MR I will say as follows: INTRODUCTION 1: I Mr am the defendant and state that the facts contained in this statement are true to the best of my knowledge. 2: There are several documents attached with this statement. (paginated) BACKGROUND 3: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank. 4: Whilst it is accepted that the defendant has in the past had business dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant. 5: The defendant requested a copy of the CCA on the 10/01/2016 to which the defendant received no reply (page 1) 6: The defendant has received numerous letters from the claimant asking for payment with varying settlement figures leading, this along with the no reply for CCA request led the defendant to doubt the authenticity of the Claimant and the claim. 7: The figure on the Notice of default and the notice of assignment being different adds further doubt to the authenticity of the claim (pages 2 and 3) 8: Legal proceedings were issued on the 31/1/18 to which the defendant issues his defence a copy of which was served on the claimant, but a copy of the defence was never issued to the defendant. 9: The defendant stated in his defence that no evidence of the CCA has been provided nor evidence of the acquisition/purchase of the alleged debt by the claimant. DEFENCE: 10: The claimant has not provided a true copy of the CCA despite 2 requests being made firstly in 2016 (page 1) and secondly on the 5/6/18 (page 4 and5) in response to letter from Lowell solicitors dated 21/5/18 despite stating `please find enclosed a copy of the agreement` 11: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974 12: The `so called ` copy of agreement stated in letter dated 21/5/18 is in fact stated as an online application and is no more than a log from either the OP`s operating system or one that has been constructed since with details from the account to look like an application. 13: The information provided on letter dated 1/3/18 from vanquis has been sought without the defendant’s approval and as the defendant did not contact vanquis to request application information and as such any information dated 1/3/18 provided by vanquis should not be used as evidence. IN CONCLUSION: 14: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork 15: It is therefore requested that the Claimants Claim is struck out pursuant to the above. Signed Dated this day…….
  6. thanks for all your help so far, please find attached draft of my statement would welcome any comments please? CLAIM NO.pdf
  7. yes all the pages I have posted are in the exhibits, the application(and front letter) statement, the letters and default notice but no agreement
  8. please see post 5 this is the 3 pages of what they refer to the digital signature and application. 1st is a letter from vanquish and the next 2 are the application but no agreement
  9. they don't have one, they seem to state that a copy of the digital signature and application constitutes the agreement.
  10. I don't have a copy of my defence will try and get it from the court tomorrow as they never sent me a copy, was filed online claimant WS.pdf
  11. this is the witness statement, one page of the statements and the other documents they have sent Document6.pdf
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