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    • 3rd Try   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: The agreement was later assigned to the claimant on 29/09/2017 a notice of assignment, incorrectly dated (See Exhibit 1) was sent to the defendant. 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 unaware of what alleged debt the claimant refers.   7: The defendant has requested on numerous times a copy of the CCA, the first time, claimant has replied back on 23/11/2020 (Exhibit 1) with a copy of the agreement and notice of assignment, the agreement being a printed out application form, followed by my another letter containing statements(not enclosed). Defendant then again requested on the 07/12/2020 (see letter attached Exhibit 2) a copy of the CCA, claimant has replied back on the 28th Jan 2021 claiming that the evidence enclosed rebuts defendants defence and encloses a statement and default notice. (Exhibit 3) 8: The defendant stated in his defence that no evidence of the CCA has been provided. 9. The alleged account is £less that £200 over the credit limit but the default notice states that the arrears on the account is £200. Under section  87/88 of the CCA the default notice should not include unlawful fees in it sum requested. 10. The defendant sent a Subject Access Request letter dated 30/11/2021, on writing this witness statement nothing has been received.   DEFENCE:   11: The claimant has not provided a true copy of the CCA despite numerous requests being made firstly in September and secondly on the 07/12/2020 in response to claim despite stating in the letter dated 23rd October 2020 `please find enclosed a copy of the agreement. Should the claimant magically supply some form of CCA at trial, defendant would highlight why this wasn't provided, when requested, on numerous times before trial. Defendant would then highly stress to the court that this is indeed not the true copy of the executed Credit agreement.   12: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974   13: The `so called ` copy of agreement stated in claimants letter dated 23/11/2020 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. 14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim.   IN CONCLUSION:   15: 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.   16: The incorrect dated Notice of Assignments letters questions the ability of the claimant to maintain correct paperwork and thus the defendant is unsure what paperwork supplied is correct.   17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.   Signed  Dated this day…….      Could you check out this part   "14. The notice of assignment dated 11th May 2017 (Exhibit 1) states that the debt was sold to Lowell Portfolio I Ltd on the 29th September 2017. This is confirmed in 2 separate letters. One from Vanquis and the other from Lowell Portfolio I Ltd. Section 82A of the CCA 1974 states that the assignee must arrange for notice of the assignment to given to debtor. The above letters show that the notice of assignment has incorrect dates, thus rendering the notice of assignment invalid and thus the claimant has not acquired the debt correctly and thus cannot claim."
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RBS Admit No Agreement


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RBS have admitted that they do not hold a copy of the alleged agreement;

factually they state that it has been mislaid.

 

RBS state that they cannot take me to court...yes, I know that.

 

But, they keep sending me monthly statements.

 

Any suggestions as to what I do with the statements?

Return them marked Junk Mail?

 

RBS, appear to be continuing with their claim that, I owe the money by sending the ever continuing monthly statements!

 

Comments please.

 

Thanks

 

AC

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RBS have admitted that they do not hold a copy of the alleged agreement;

factually they state that it has been mislaid.

 

RBS state that they cannot take me to court...yes, I know that.

 

But, they keep sending me monthly statements.

 

Any suggestions as to what I do with the statements?

Return them marked Junk Mail?

 

RBS, appear to be continuing with their claim that, I owe the money by sending the ever continuing monthly statements!

 

Comments please.

 

Thanks

 

AC

 

Can you ask them to change the statement to yearly?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Yes they can't save the world economy, but they could try and save the forests;)

 

Sorry should have said, they helped sc**w up the world economy now they should try and save the forests:D

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Can you ask them to change the statement to yearly?

 

Ah, now yourbank, why would I ask for anual statements?

 

I do not acknowledge the alleged debt and there is no agreement.

 

AC

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Rory32 has a letter on one of his threads going back quite awhile where NatWest stated that they didn't hold a credit agreement, good letter to send to them to remind them of their obligations regarding the consequences of not keeping such important documents. I remember it had something to do with Wescot aswell. They set his account to zero following it.

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Rory32 has a letter on one of his threads going back quite awhile where NatWest stated that they didn't hold a credit agreement, good letter to send to them to remind them of their obligations regarding the consequences of not keeping such important documents. I remember it had something to do with Wescot aswell. They set his account to zero following it.

 

I have already sent the letter re: money laundering regs;

RBS, ignored it and just sent me a copy of the letter that they already sent;

agreement mislaid;

we cannot take you to court: s78(6);

the statements keep arriving.

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Ah, now yourbank, why would I ask for anual statements?

 

I do not acknowledge the alleged debt and there is no agreement.

 

AC

In that case, how about sending it straight back to them ie

"NOT KNOWN AT THIS ADDRESS"?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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That would be stupid, they know where I live!

 

Furthermore, what would it acheive?

 

AC

You are asking for suggestions so my only other one I have was burn them/shred them/ wipe your bottom on them and that's all I got.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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LOL!

 

Hmmm, don't think that will acheive very much.

Thanks for your suggestions though:)

 

Looks like, I will have to obtain a solicitors view, on the matter then.

 

Oh and just in case, someone comes up with a moralistic opinion. I have disputed the alleged debt right from the start and then found out that RBS did not/do not even have an agreement.

 

But, the blighters keep on sending statements...

 

AC

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