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    • Thankyou very much i will be around all day it would be appreciated Below is another attempt :     IN THE COUNTY COURT AT ***************                 CLAIM NO:**********     BETWEEN:   LOWELL PORTFOLIO I LTD CLAIMANT   and   MRS *********************** DEFENDANT   ------------------------------------------------------------------------------------------------------------------------   WITNESS STATEMENT OF ******************   ------------------------------------------------------------------------------------------------------------------------   I, ******************************************* WILL SAY as follows:   I make this Witness Statement in support of my defence in the claim.     INTRODUCTION   1. 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 to maximise profit.   2. 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 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 financial dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.   5.The defendant made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 on the 27th August 2019 along with the standard fee of £1.00 postal order to which the defendant received a reply dated 6th September 2019 putting their account on hold whilst they tried to gather the information.   6.The defendant received a reply dated 24th October 2019 with no CCA attached other than the documents which enclosed a statement, default notice, notice of assignment from Vanquis to Lowell & a reconstituted copy of an agreement which the claimants have already provided in their witness statement dated 3rd August 2020.   7.On 15th January 2020, I received a claim form from the County Court Business Centre, Northampton, for the amount of £******. The claimant contends that the claim is for the sum of £********* in respect of monies owing under an alleged agreement with the account no ******************* pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimants particulars the claimant states that the account was subject to assignment from Vanquis to Lowell on 24 June 2015 with notice given.   CONCLUSION 8.To date no valid full true copy of the executed credit agreement or the terms and conditions have been disclosed .the claimant has no grounds on which to enforce this alleged debt.   9.The claimant disclosed various screenshots taken from the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots are devoid of any tick box or any authenticity of IP address conformation check.   10.Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.   11.For the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out pursuant to the above.   STATEMENT OF TRUTH   I, ************** the defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: …………………………………………… Print Name: ************* Dated: 4th August 2020
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
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ok in my life i have only ever got i speeding fine and a parking fine i dont have much money and 2 weeks ago i had a call from marston bailiffs the fine was for £400 thay said the would have to take ten times that so it would of been everthing in the house i know i sould not of let him in but i did i got hold of my dad and got the money to pay it i asked the biliff at the time if i had more he said no not with them now today a biliff comes to my door again for the parking ticket now i cant pay it i only 2 weeks ago paid the last one i have not let him in i just hid from him if someone out there can help me i dont know what to do i have 4 kids and i cant let them take are things i dont mind paying it but thay want it all in one go and i cant do it sorry for the bad spelling if someone can help me pls i dont know what to do thanks for reading

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:( he is at my house now i dont know what to do im just not going to let him in

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No Dont Let Him In

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he is just sat in his van not there are 2 of them one in a van one in a car i have a hevly deabled daughter that will be home from school in a few hr i dont want her to see none of this :(

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did you mean your daughter is disabled

BY HAND

 

DATE

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I classed a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives on the grounds of:

 

 

a) I am a carer of a minor who is medically diagnosed a special needs child

b) I am in receipt of a prescribed benefit

c) You are causing undue stress on the child

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I ask that you adhere to your own regulations otherwise:

 

i) you may be at risk of being reported to your certificating court on a Form 4

ii) you may be reported to police for pretending to have a right to commit breaking and entering and you risk a criminal record.

iii) I retain the right to apply for a restraining order against you under the Protection from Harassment Act 1997 which you may be liable for costs

iv) I retain and distribute your photographs for crime prevention reasons

 

Please now quietly leave the property and return the case to the court with a copy of this letter.

 

 

Yours Faithfully

 

 

YOUR NAME

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omg thanks i print this out right away thanks for your help

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Hallowitch does the above letter still apply even if the bailiffs have already levied? Thanks

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Hallowitch does the above letter still apply even if the bailiffs have already levied? Thanks

 

to be honest i don't know

having said that if the bailiff knows you have a disabled person in your home then he is supposed to had you case back to council /court

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to be honest i don't know

having said that if the bailiff knows you have a disabled person in your home then he is supposed to had you case back to council /court

 

 

know he dont know your the frist person i told

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write to the council /court tell them you have disabled child and according to the national standards for enforcement agents the bailiff should have sent the debt back bailiffs read these forums so amend delete your previous post ;)

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Yes have just been reading the same thing! As Hallowitch advises, hand them the letter and get on to the council .

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OK in my life i have only ever got i speeding fine and a parking fine i dont have much money and 2 weeks ago i had a call from marston bailiffs the fine was for £400 thay said the would have to take ten times that so it would of been everthing in the house i know i sould not of let him in but i did i got hold of my dad and got the money to pay it i asked the biliff at the time if i had more he said no not with them now today a biliff comes to my door again for the parking ticket now i cant pay it i only 2 weeks ago paid the last one i have not let him in i just hid from him if someone out there can help me i dont know what to do i have 4 kids and i cant let them take are things i dont mind paying it but thay want it all in one go and i cant do it sorry for the bad spelling if someone can help me pls i dont know what to do thanks for reading

 

 

do you know how much the fine was for

if the bailiffs are holding 2 or more distress warrants they must collect them together

charges for collecting magistrate court fines

 

Letter Fee £11.20. If letter arrives after first visit is made then £0.00

Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28

More than £100 - 28% for the first £200 then 5.5% on everything over £200.

If no levy is made then bailiffs can charge fees for a maximum of three visits.

Multiple fees cannot be charged for simultaneous unpaid ticket collections.

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do you know how much the fine was for

if the bailiffs are holding 2 or more distress warrants they must collect them together

charges for collecting magistrate court fines

 

Letter Fee £11.20. If letter arrives after first visit is made then £0.00

Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28

More than £100 - 28% for the first £200 then 5.5% on everything over £200.

If no levy is made then bailiffs can charge fees for a maximum of three visits.

Multiple fees cannot be charged for simultaneous unpaid ticket collections.

 

 

 

PCN/Fine £100

 

admin fees £50

 

attendance costs £175

 

total due today 325

 

i have his phone number on this letter sould i ring him and tell that im a classed a vulnerable person

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have you got a breakdown for the speeding fine

have you any idea when both were passed to bailiff

 

have the bailiffs gone or are they still outside your house did you hand him letter

 

i sould not of let him in but i did i got hold of my dad and got the money to pay it

did the bailiff do a levy the same day as you paid him

Edited by hallowitch

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have you got a breakdown for the speeding fine

have you any idea when both were passed to bailiff

 

have the bailiffs gone or are they still outside your house did you hand him letter

 

i paid the speeding fire 2 weeks ago that was £400 i give them this one is a parking ticket an no i did not give him the letter he had gone be4 i could print it i did not talk to him i just did not go to the door he posted the latter and waited for like 40 min and then went i have locked the door and lol im hopein he dont come back :( and the fine was from 2 years ago i sould never of got it lol it was a hot day and the ticket fell off the window i sent the to the ticket to the ticket office and never and that was that and now i got the biliff and the door for it

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i was just about to email them the letter and i got no case number sould i just but my name and adderss

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yes if you have no case number also ask them for the case number

 

i think you need more help than i can give regarding the bailiffs charges

 

but going to have root round to see what i can find

if i find anything useful i will post it

 

hopefully the someone will have a look and advise you on the bailiffs charges

  • Haha 1

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thanks for your help

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did you mean your daughter is disabled

 

 

BY HAND

 

DATE

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I classed a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives on the grounds of:

 

 

a) I am a carer of a minor who is medically diagnosed a special needs child

b) I am in receipt of a prescribed benefit

c) You are causing undue stress on the child

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I ask that you adhere to your own regulations otherwise:

 

i) you may be at risk of being reported to your certificating court on a Form 4

ii) you may be reported to police for pretending to have a right to commit breaking and entering and you risk a criminal record.

iii) I retain the right to apply for a restraining order against you under the Protection from Harassment Act 1997 which you may be liable for costs

iv) I retain and distribute your photographs for crime prevention reasons

 

Please now quietly leave the property and return the case to the court with a copy of this letter.

 

 

Yours Faithfully

 

 

YOUR NAME

 

 

Hallowitch - Do you have a definition of a "prescribed benefit" or "vulnerable category"? I am disabled and wonder if I can send the bailiff packing with this information and have my council tax debt returned to the council? New thread - "Rundle & Co - Council Tax Bailiff - Heeelp!!!! Pleeease? Many thanks.

Edited by jqinfo
Brain engaging too slowly!

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Thank you Hallowitch, got your info on my thread.

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Guest Happy Contrails
Do you have a definition of a "prescribed benefit"

 

Any benefit prescibed under an Act of Parliament, e.g. jobseekers allowance, income support, DLA etc. Not child support - this is paid by the other parent.

 

or "vulnerable category"?

 

Any person considered a vulnerable persons for the purpose of civil enforcement: More: Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

 

I am disabled and wonder if I can send the bailiff packing with this information and have my council tax debt returned to the council?

 

Yes you can. Its best to have a case returned to town hall administration after a bailiff has been caught cheating with his fees.

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