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    • 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 !
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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
wannabedebtfreesoon

Urgent advice needed! Welcome sent repo agents!!

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And listen to Postggj - he is the Welcome fighting legend!

I know I know! I already feel most privileged!!!:D


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I never noticed it before but yes I do have something showing broker deals and commission paid

 

you have an underwriting sheet showing commission payments

 

pm me that now

 

please, please, please

 

holy grail comes to mind

 

make my day:D:D:D:D:D

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t2upnorth

 

you know exactly what i mean

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i would be inclined to send an up to date sar request

its the last lot of statements ime interested in

they have prob terminated the account with out a valid default notice

o dear o dear

welcome screw up again

 

ive a feeling this is going to be one of the more easier welcome threads to deal with

 

I'm so relieved this isn't the terrible mess I thought it was :-)

So I should send a cca and sar request first thing?


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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you have an underwriting sheet showing commission payments

 

pm me that now

 

please, please, please

 

holy grail comes to mind

 

make my day:D:D:D:D:D

I think I must be missing something here but I trust you! I'll upload it just now


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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t2upnorth

 

you know exactly what i mean

 

 

With you all the way!

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I'm so relieved this isn't the terrible mess I thought it was :-)

So I should send a cca and sar request first thing?

 

 

Yes, if possible do both. The SAR legally forces them to tip their hand. The CCA legally buys time. If they were unable to comply with CCA then you have them by short and curlies, but they can, as can be seen from your earlier SAR.

 

Also, wait for Postggj's letter template, might as well save postage and send the lot in a big recorded delivery bombshell..

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I have no idea where they got their figures from for the modified agreement, they conveniently missed out the statements relating to that part. I don't hold out much hope for their reply cos they're doing a really good job of ignoring my letters so far.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I have no idea where they got their figures from for the modified agreement, they conveniently missed out the statements relating to that part. I don't hold out much hope for their reply cos they're doing a really good job of ignoring my letters so far.

 

 

Well, if they ignore your CCA they are in deep doodooo....

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wannabedebtfreesoon

 

thankyou for joining the forum today

 

welcome

 

gotcha

gotcha

gotcha

 

i realise this is way over your head and ill explain it later but its all there, in black and white

at long last

 

ime signing off now till tomorrow

 

and its me saying menny thanks to you

 

ill have a letter for you when i finish work tomorrow

 

good night

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Sleep well wannabedebtfreesoon, if it's what I think it is that Postggj has then you are in for a treat!

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Glad to be of assistance! and I've just found something else detailing commission payments if that might be of any use I'll send that to Post too.

Goodnight all you lovely peoples x x x


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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just noticed, can you edit the repo notice, lose the agreement number!

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Thanks! Done that now and by the way the car is parked on my drive. Hope they don't take it, it's due for a new cam belt on friday!


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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If you have paid under a third of the finance, the vehicle can be repossessed by anyone acting on the instructions of the finance company, but if the vehicle is parked on private property, driveway, or in a garage they will need a Court Order.

If you have paid over a third of the finance then the vehicle can not be repossessed by anyone acting on the instructions of the finance company, they will most definitely need a Court Order.

 

Certificated bailiffs and Debt collection agents have no powers to execute county court warrants.

Certificated bailiffs and Debt collection agents have no powers of entry to your property

Certificated bailiffs only have powers to execute liability orders for things like council tax etc.

Debt collection agents only have powers to execute themselves.

 

cab


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

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If you have paid under a third of the finance, the vehicle can be repossessed by anyone acting on the instructions of the finance company, but if the vehicle is parked on private property, driveway, or in a garage they will need a Court Order.

If you have paid over a third of the finance then the vehicle can not be repossessed by anyone acting on the instructions of the finance company, they will most definitely need a Court Order.

 

Certificated bailiffs and Debt collection agents have no powers to execute county court warrants.

Certificated bailiffs and Debt collection agents have no powers of entry to your property

Certificated bailiffs only have powers to execute liability orders for things like council tax etc.

Debt collection agents only have powers to execute themselves.

 

cab

 

I love that last bit ! :D

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me to

 

but its true

 

cab


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

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Oh I know! They are toothless monkeys.

 

The interesting thing here is, and why I was asking about where the car is parked, Welcome can and will attempt to seize a car despite the 1/3 rule and the private land/trespass rule.

 

In that case the agreement would be automatically terminated, all sums paid would be refundable (because of the illegal repo) and the car may be seen as a gift..... but best not let it get to that stage...

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Oh I know! They are toothless monkeys. yep 101%

 

The interesting thing here is, and why I was asking about where the car is parked, Welcome can and will attempt to seize a car despite the 1/3 rule and the private land/trespass rule. yep 100%

 

In that case the agreement would be automatically terminated, all sums paid would be refundable (because of the illegal repo) yep 100% and the car may be seen as a gift.....love gifts but best not let it get to that stage...yep 100%

  • Haha 1

Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

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wannabe ive sent you a pm


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

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well well

wel dropped the golden egg......................;)

 

pggj you've been waiting for that a long time.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Glad to see everyone joined in on this, Welcome are (as you now know) without a leg to stand on.

 

If they do turn up call the police and report a theft in progress.

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wannabe ive sent you a pm

thanks cab, I've done that now, and thanks for everything :D


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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morning all

 

before i go to work

 

menny thanks all

its only taken two years but i have the holy grail in my hand

100% proof

 

lets see how to play this now

 

42man

you in the back round

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my god

it gets better and better

received another pm

this time it lists the commission payments welcome make to its brokers ref ppi ets

 

 

ANY BODY KNOW OF ELITE BROKERS

 

I HOPE YOU ARE WATCHING THIS NOTINGHAM

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