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    • Added about CPR PD 16 (7.3)(1) in into and ending   In the County Court at xxxxxxxxxx                                                                                            Claim No. xxxxxxxx Between: Lowell Portfolio I Ltd (Claimant)   And   Jasonaaa (Defendant) Witness statement of Jasonaaa I, Jasonaaa, at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, will say as follows: INTRODUCTION 1.       I am the Defendant in this case and will be representing myself. The facts contained in this statement are known to me, save as where expressly stated and are true to the best of my knowledge, information and belief.   2.       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 to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt with costs to maximise profit.   3.       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 debt (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.   4.       With regards to paragraph 4 in the Claimant’s Witness Statement they claim:   ‘The original agreement is not exhibited because: a.       A copy was provided to the Defendant at the outset; b.       There is no legislation requiring the Assignor to retain a copy of the original Agreement; and c.       The Claimant does not now have access to a copy of the Agreement.     DEFENDANT’S RESPONSE TO CLAIMANT’S WITNESS STATEMENT 5.       The Defendant states that no letters have ever been received from the Claimant (including any Notice of Assignment), with the first contact from them being this claim. Therefore, the Claimant is to put strict proof to their claim by providing proof of delivery for these letters. If the Claimant cannot provide this, then the Defendant invites the Court to strike the claim out based upon a failure to adhere to Paragraph 6 of the Practice Direction – Pre-Action Practice and Protocols.   6.       The Defendant claims that his request of November 2019 under the CPR 31.14, of which the Claimant has confirmed receipt, for the disclosure and production of a verified and legible copy of the Agreement has not been adhered to, by way of the fact that a Service Contract is entirely missing from the Claimant’s evidence.     7.       It is accepted that the Defendant has in the past had a contractual relationship with Vodafone.   8.       A Default Notice is a technical notice required by the Consumer Credit Act 1974 in certain circumstances in relation to credit agreements. The Claimant will argue that the debt does not arise from a credit agreement, and is therefore not regulated by that Act, no Default Notice would have been sent. Whilst this might be the case, this does not exempt the Claimant from following Contract Law, where it is stipulated that where there is an official contract in place and there is an alleged 'breach of contract', the Claimant is lawfully obliged to send notice of this breach, and to have given a reasonable amount of time for the breach to be remedied. The Defendant argues that he has not received any correspondence, in line with Contract Law, to notify him of the alleged breach. As such, the Defendant argues that the Claimant has not behaved properly, both in Pre-Action Protocol, nor have they followed the official guidelines set out by Contract Law in the issuing of the Default. The Defendant invites the Court to strike the claim out, on this basis, and argues that the Default is unlawful and should be immediately removed from the Defendant’s credit file.   9.       Considering the above, the Claimant has failed to provide evidence of assignment/balance/breach as requested by CPR 31.14 and the Claimant is put to strict proof to: (a) show how the Defendant has entered a Contract; and (b) show how the Claimant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   10.   As per CPR 16.5(4), the Defendant alleges the Claimant has not proved their allegation that the money is owed.   11.   As the Claimant alleges to be 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.   12.   The alleged amount claimed includes an early termination charge amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge, which is made up of the entire balance of the remaining contract, is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.       ORDER SOUGHT   13.   As the Claimant has been unable to disclose any agreement upon which this claim relies as per CPR PD 16 (7.3)(1) Where a claim is based upon a written agreement:   ‘a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing’   the Defendant respectfully invites the court to strike out the Claimant’s statement of claim.   STATEMENT OF TRUTH I believe the facts stated in this Witness Statement are true.   Signed: Jasonaaa Dated: 27 July 2021
    • I did think that. So I guess I do nothing and wait for them to reply to my request last December. 
    • Have you come here for help or just to hawk a petition around?
    • Should I quote that CPR PD 16 (7.3)(1) has not been adhered to in regards to paragraph 4 of the Claimant's WS?
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H.O.L Test case appeal. Judgement Declared. ***See Announcements***


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12 hours 49 mins here :p

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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I've checked tomorrows planner on freeview and none of the channels have set aside airspace for it!

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Here's the reply from the BBC on my request that Democracy Live cover the Charges decision live and in full. (I hope this means the BBC News website will cover the full works and not just the first 10 minutes.):

 

 

Thanks for your email. I understand the BBC news website will be carrying the bank charges announcement live tomorrow morning and will, no doubt, attract a sizeable audience.

More generally, it has been decided that the Supreme Court's proceedings will not be contained within Democracy Live. This is based on the fact that the court is now totally separate from government and the Houses of Parliament, whose proceedings are at the centre of the site's remit.

I'm grateful for your interest in Democracy Live.

Regards,

Mark

__________________________________________

 

Mark Coyle

Launch Editor

BBC Democracy Live

Broadcast Centre, London (BC3 B1)

W12 6WA

W: www.bbc.co.uk/democracylive

So best bet is BBCNews Website for extended coverage and BBC News Channel for the immediate decision.

 

JC

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JC,locutus,

 

Thanks BBC it is then.

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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BOY:D do i not wish to be a banker this evening !!!!!!!!!!!!!!!!!!!

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Bank charges:

 

The following judgment will be given on Wednesday 25 November 2009 at 9.45 am:

 

Office of Fair Trading (Respondents) v Abbey National plc and others (Appellants)

 

Sorry All just had to take a look again lol

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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If this judgement goes the way it should I will be straight on the phone to my bank to ask them what there stance is now that they have lost 3 times.

 

Thats if i can get though of course lol;)

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Anyone with true call it would be interesting to hear the banks responses to the judgement

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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If this judgement goes the way it should I will be straight on the phone to my bank to ask them what there stance is now that they have lost 3 times.

 

They'll probably claim it's the best of seven!

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Just copied this from my banks website:

 

I have already accepted an offer from you. Will my claim be revisited?

If you have accepted an offer in 'full and final settlement', we believe it unlikely you would be awarded a further sum even if the test case indicates a potentially larger amount.

 

What a load of bull.

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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lol T2 know how you feel that caused my sudden outburst in the Halifax today so weird.

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Share on other sites

I know what you mean T2upnorth!

 

I had a full settlement with interest from LTSB (pre waiver) in March 2007. However, I have just gone back through my old statements from 1995 to 2000 and just discovered another £2K plus (Before interest) of charges. It would be rude not to 'ask' them for this back given the fortune that they have spent in 'defending' their position.

 

P.s. Halifax, I haven't forgotton you either, found another £350 (Before interest) for the period prior to that for which you have already reimbursed.

 

pps I haven't even mentioned the charges incurred since the settled claims!

Edited by Helford
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