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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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Azuma

Lowell and Defaulting, sigh...

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hey guys,

 

i've been to-ing and fro-ing with Lowell now for a while, they originally sent me a letter stating i owed 3k from 2002, i sent them the Stat Barred letter, to which they replied the account is not Stat Barred, because and i quote "a payment was 'attempted' in Feb 2005".

 

however, i have just realised they have put a default on my credit report.

 

my question is, how can they do this, when no proof the debt is still enforceable? i know that this seems to be normal practice for these clowns, but is there any way in getting this taken off at all?

 

Will i need to send them a CCA request? As i have literally given up the letter 'tag' game with them until they send me proof the debt is not SB. (just them stating that it isn't SB in a letter is not proof)

 

Any ideas Caggers? :D much appreciated in advance.

 

Az

Edited by Azuma

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Personally I would contact the CRA and advise them that as the debt has not been verified, and is not legally enforceable as it is SB, they should remove the incorrect data from your file, and whilst you are waiting for them to do this, they should send you a copy of their complaints procedure, and a complaint will also be filed with the ICO also.

  • Haha 1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for the advice Bazooka Boo, i'm going to do just that. it's crazy how they can pretty much mess up your whole life (re. mortgage and any future credit) on a whim. getting sick of them dictating my future, someone has to stop this now, before it goes too far and they keep pushing the boundaries to see how much they CAN get away with. neverending cycle of bull from DCA's.

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I see this is another "ATTEMPTED" payment from Lowells. :rolleyes:


The Grand essentials of happiness are: something to do, something to love, and something to hope for.

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I see this is another "ATTEMPTED" payment from Lowells. :rolleyes:

 

I know man, i think it's classic, they make me wonder who had the company brain cell the day someone typed up that pre fab response. :D

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*Bump* anyone else had something along the lines of "an attempted payment" ? lol

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*Bump* anyone else had something along the lines of "an attempted payment" ? lol

 

Ooohh, it makes me want to ring them and ask them what exactly is an "attempted" payment!

Do they mean they saw me open my wallet and take out my credit card? Or do they mean they saw you go into a Post office and enquire about a postal order??

Or is simply 'thinking' about it enough to warrant "attempting" to pay their sorry a55e5:evil:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I think they mean they attempted to get a payment but nobody replied. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

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yes like we called you that day and are certain that you would have had your cc handy,but you were not in.

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Lowlife telling stories again, tut...


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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Lowlife telling stories again, tut...

 

Maybe they're going to diversify their business and enter into the world of Janet & John books or even produce Jackanory programs. ;)


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

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:Dsolved the puzzle of where mystic meg disapeared too.

 

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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I would send them a nice little letter telling them they have 14 days to remove all adverse info from my credit record. If they don't, hit them straight away with a court claim.

 

Damages for this type of incident are about £5000.

 

JOgs

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:Dsolved the puzzle of where mystic meg disapeared too.

 

SAM

 

Maybe she's at the same desk as Anthea "here's one we made earlier" Turner. ;)


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

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Don't you mean here's one we cleaned earlier?


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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often wonder if lowell ever read these posts.

with them been mindless idiots,wonder if they know what we are on about.

 

will pms if i see a lowell/red/hampton letter signed m.meg:Dor f.teller

 

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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After reading this post it looks like fun times ahead for me with these lol. Must be frustrating to see this happening but at least your able to see your credit report im still waiting as they need to do further checks! whatever that mean?

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Hi all, I think everyone I have spoken to has had a bad experience with this company. My situation is that I have actually cleared my debt with these guys 4 months ago and they still have not up dated my credit file after many requests. I just do not know what to do next. Any ideas? :-x

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Its typical sleezy behaviour from DCA's - they make out they will amend your credit file accordingly, but once they get the money - dont.

I personally would demand what id paid them back as they had no legal authority to it in the 1st place.

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Hi all, I think everyone I have spoken to has had a bad experience with this company. My situation is that I have actually cleared my debt with these guys 4 months ago and they still have not up dated my credit file after many requests. I just do not know what to do next. Any ideas? :-x

 

 

hi.forget lowell and write to CRA give them the proof of your payments,and demand that this is marked on your file,as it should have been months ago.

 

shame we had not seen you before you payed these vultures:mad:

 

SAM:pLOWELL DETESTER


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Hi all, I think everyone I have spoken to has had a bad experience with this company. My situation is that I have actually cleared my debt with these guys 4 months ago and they still have not up dated my credit file after many requests. I just do not know what to do next. Any ideas? :-x

 

Send them an LBA and mean it :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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