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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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TAG30

Voluntary Termination issues

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Hi all this is my first post as i have read so many threads similar, but not the same as mine.

I have had my car for half the term and have paid more than half the amount due to a large deposit. All payments have been on time and in full. My paperwork states i can VT once i have paid the set amount in the box, which i have. So on the advice of others on this site i sent all documents and keys back by recorded delivery. They sent them back saying that i needed to keep them with the car until it was collected. Fair enough as they seemed to accept the VT. However, just had a letter saying i still owe £625 for the insurances as id only paid half of that and they paid it out upfront!! I dont understand this as if you no longer need insurance (as i dont have the car) then why do i need insurance? Also, they are reading from a page of the contract i dont seem to have basically saying that in addition to the VT amount to be paid, i need to clear the insurances too which are seperate. I said i didnt have the page in question but they stated i had signed it and that i am liable for £600. My credit is ok now so i dont want to risk ruining it again but on the other hand i dont want to pay for something i am not liable for.

 

Any comments gratefully recieved

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what kind of insurances?

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Not too sure. I know there was the GAP insurance that i took out and probably a warranty. As far as i am aware i didnt take the PPI but i dont have any of that information in my contract but that is all i took GAP and warranty. Total amount payable for insurances was 1,334.52 and they are saying a paid half and still owe half.

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You are supposed to be able to cancel these insurances at any time so presumably if you were to cancel them now, the amount owing on them would reduce as you get a partial rebate credited back into your account.... perhaps someone who has cancelled their insurances can clarify this?

like you say why should you have to pay for the full terms insurances when you wont have the car!

 

If you don't have the page where it says you are liable then they should send it to you. In fact it may be a good idea to send a SAR to see exactly what documents they do have.

 

did they tell you that the insurances were not optional by any chance? :)good luck with this.

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Thanks for your reply. I knew they were optional and wanted teh GAP as the car wasnt worth half of what i was paying for it so in the event of an accident i didnt want to be left with the finance. They are saying that because they paid for the insurances up front to whever they aqquired them from, we still owe them for the insurance as our monthly payments were divided between the insurance and the car.

They are sending me that piece of paper they are talking about so i suppose i should work form that. Although i should have had that included in my contract really but if ive signed it theres not much i can do about it. I think we were pretty bamboozled at the time and were signing lots of different paperwork:???:

On another note, the car was collected yesterday by an agent who said he was taking it straight to auction. I said i thought someone would be checking it over first and he said thats what normally happened but it all stopped a month ago and now all cars are going straight to auction as Welcome were not trading as car finance anymore. Handy to know for others VTing in the near future :D

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