Jump to content
  • Tweets

  • Posts

    • A judge says Anthony Levandowski carried out the "biggest trade secret crime I have ever seen". View the full article
    • Yes, let us know if they honour the agreement to pay.   Thanks for Donation made and anything further you can make - it helps us keep helping !
    • Mark Bauwens from France takes us through his week during the coronavirus pandemic. View the full article
    • 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
    • Allen Blue, who co-founded professional network LinkedIn, reveals how start-ups can achieve growth. View the full article
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 8 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • 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
just_jue

Problems with 1st credit - advice needed please

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4009 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi everyone,

 

I am sorting out a problem for my OH.

We have been having trouble with the Reigate Rabble (1st Credit), they have been chasing the OH for a debt.

Sent off a CCA request at the beginning of May, they have just sent out a copy of some statements for the account but nothing else.

What would be the next thing to do.

 

Thanks for your time

 

JJ

 

Forgot to say that the last payment on the account was 13/01/2005

Share this post


Link to post
Share on other sites

Nothing the cca request is still out standing. If they continue to demand payment report them to the oft & trading standards

Share this post


Link to post
Share on other sites

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Share this post


Link to post
Share on other sites

My OH drives past their office every morning - she could always hand deliver the letter - I wonder what responce she would get?

Share this post


Link to post
Share on other sites

well a good idea in that case would be to offer to call in an inspect the original agreement

Share this post


Link to post
Share on other sites

Do you think the Reigate Rabble would know what one was?

Share this post


Link to post
Share on other sites

well the point being it will put you in one HELL OF A POSITION regarding costs if it ever got to court

Share this post


Link to post
Share on other sites

Hi,

 

Finally got a response to your second letter today:

 

Thanks you for your letter dated 17th July.

Following you request, we have asked for a copy of the credit agreement in relation to your debt.

** ******** have advised us that the copy agreement is not avaliable to be supplied to us and we therefore remain unable to supply you with a copy. We are of course aware that in the absence of a copy agreement, we are not entitled to enforce or collect the debt and our file is noted accordingly.

 

We maintain that although currently unenforceable, the debt remains due and payable. Should a copy agreement be made available to us in the future, we reserve the right to resume our request for payment should we see fit.

 

As the debt has been previously acknowledged by payments having been made to the account, the default will remain registered at the credit refernce agencies for the relevant time period. In order for it to be updated to settled or satisfield, settlement would be required and your proposal would be welcome.

 

We look forward to your comments in due course.

 

Yours sincerely

 

Reigate Rabble.

 

 

 

My question is if they have defaulted us regarding the debt, when will the default start? as the last payment made was in Jan 05.

 

 

Thanks for your time

 

JJ

Share this post


Link to post
Share on other sites

Looks like someone else will have to buy *** ******* a drink down at the Golf Club.

 

How pathetic of a DCA to try to use the moral card.


Share this post


Link to post
Share on other sites

The default will drop off your file naturally six years after it was first registered.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Seems to be a new tactic by 1st Crud..acknowledge that they cant obtain CCA's, yet still insist on payment.

Wonder if OFT are aware? ;)

Share this post


Link to post
Share on other sites
Hi,

 

Finally got a response to your second letter today:

 

Thanks you for your letter dated 17th July.

Following you request, we have asked for a copy of the credit agreement in relation to your debt.

** ******** have advised us that the copy agreement is not avaliable to be supplied to us and we therefore remain unable to supply you with a copy. We are of course aware that in the absence of a copy agreement, we are not entitled to enforce or collect the debt and our file is noted accordingly.

 

We maintain that although currently unenforceable, the debt remains due and payable. Should a copy agreement be made available to us in the future, we reserve the right to resume our request for payment should we see fit.

 

As the debt has been previously acknowledged by payments having been made to the account, the default will remain registered at the credit refernce agencies for the relevant time period. In order for it to be updated to settled or satisfield, settlement would be required and your proposal would be welcome.

 

We look forward to your comments in due course.

 

Yours sincerely

 

Reigate Rabble.

 

 

 

My question is if they have defaulted us regarding the debt, when will the default start? as the last payment made was in Jan 05.

 

 

Thanks for your time

 

JJ

 

that got a result anyway- good time for a F & F offer if you are that way inclined -at around 10%

 

or you could gamble and go via 31.16 and then get a court to rule it out

Share this post


Link to post
Share on other sites

Hi, after reading the Failure to provide a copy of the CCA, that the DCA was not allowed to register any details with the CRA, or have I got that wrong?

 

Thanks

 

JJ

Share this post


Link to post
Share on other sites

What they are not allowed to do and what they do are almost always two different things

Share this post


Link to post
Share on other sites
Hi, after reading the Failure to provide a copy of the CCA, that the DCA was not allowed to register any details with the CRA, or have I got that wrong?

 

Thanks

 

JJ

 

in 99.9% of cases a debt does exist....the lack of a cca(or dodgy one) simply means that most likely it cannot be legally enforced- but you still owe whatever the proved debt might be ( there may be illegal charges etc to deduct )

 

the creditor will take the view that if you fail to make payments he is entitled to mark you CRA files accordingly CCA or no CCA

Share this post


Link to post
Share on other sites

They do but I take the veiw that if they cant prove the debt what gives them the right to trash your credit history. Where do we draw the line? if this is ok then whats stopping me trashing anyones files by making up debts and then saying they havent paid them?

Share this post


Link to post
Share on other sites

i see your point woody-but my own view (not universally accepted i know) is that i am not denying that i owe the money- just their right to use legal means to collect

 

what gives them the right to "trash my CRA" is the fact that they too are members of a "club" just like we are and the members of their club have agreed to notify failings to repay debts in the required manner to their fellow members so that they may then make informed decisions as to whether to lend to the same person

 

(just as we help each other by warning of the shyster DCA's etc)

 

now, personally i've never been one for having my cake AND eating it!!

 

If i get rid of the debt I am philoshical about the fact that for the next 6 years my credit rating might be crap

 

(in fact in many cases it is no bad thing that the debtor cannot just go out and get into the same mess all over again)

 

again i stress JUST MY OWN VIEW

Share this post


Link to post
Share on other sites

And I accpept what you are saying. However I have a dispute with Orange mobile phones at the moment for a debt that I genuinly know nothing about. They cannot prove it but have ruined my otherwise good credit rating as a result. The trouble with thier club is that they can do what they like whereas this club is moderated and if anyone posts balatant lies then they will have consequenses raining down on them from the cagbots (bless em)

Share this post


Link to post
Share on other sites

Thanks for all the advice, if I remeber right the last payment was made late 2004 or early 2005, so all problems they cause will fall off in the near future anyway, so just let them try and find the agreement between now and the 6th year anniversary.

Or would it be worth trying a F&F payment with them?

 

JJ

Share this post


Link to post
Share on other sites

If you make a F&F offer you would be admitting the debt & it will reset the Statute Barred clock back to day one.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Good point didn't think of that one.

 

Thanks

Share this post


Link to post
Share on other sites
If you make a F&F offer you would be admitting the debt & it will reset the Statute Barred clock back to day one.

 

Good point didn't think of that one.

 

Thanks

You can rest assured that whilst the Reigate Rascals would accept any payment with their customary GREED. It would only be a matter of time before they came back to you for the rest. Do NOT risk resetting the Statute Barred clock

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...