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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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james141

O2 Demand Out Of The Blue

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Today I received a demand from O2 regarding an account from 2007

 

I have absolutely no knowledge of this, there is nothing on my credit file. I am actually with O2 now and have had the same number for about 10 years!!

 

Apparently they are passing it on to Lowell's and today I noticed they did a credit search on my file.

 

I have sent the std debt not recognised letter, what else can I do?

 

Just wait and see what they come up with?

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I have just noticed Lowell have searched my credit file every month for the past 6 months!

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I have just had a look and I think this might relate to a phone that I sent back and cancelled under the 14 day cooling off period.

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Same with me, when you ring you will find it is lowells who answer not o2. When I queried this is misrepresentation they said it is them deciding which cases to take on, be warned xx Mine said if dont reply within 20 days o2 will pass to lowellss, but lowells answered straight away :(

 

 

Get the sniffy feeling lowellls using o2 letterheads.

Edited by loopinlouie

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Yeah I thought that, I wouldn't phone the number on that letter.

 

I am starting to think it might just be a fishing exercise for old accounts so I might not acknowledge it and see what happens.

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I foolishly rang, but the guy couldnt wait to get me off the phone, I do go on xxxxx:D Its misrepresenting as giving impression for the first time ever that o2 is interested rather than as did passing to dca without even sorting issues within their own company before condemming account. Turned out to be lowells farce and as such a lie I thought. Shows how low lowells will go xx

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Yeah not good :(

 

It is strange, I am fairly sure it relates to a mobile I ordered from dial a phone but didn't like so I sent it back and canceld.

 

Strange thing is, I haven't moved house and I have had no letters or anything up till now or I would have sorted it sooner.

 

I might ring dial a phone to see what their take is on it.

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My thread being moved to this forum in a mo entitled dca shufty, regarding an o2 phone I tried to cancel within cancellation period and they blanked me from the start.

 

Did you have the company tell you to deal with 02 and then 02 tell you to deal with the company, if so similar to mine but was their own stores xx They I feel now did it on purpose to make me miss the cancellation period even though said wanted to cancel due to store not interested in helping xx

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No I only delt with dial a phone and it was my understanding it was all canceld and done :(

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I honestly thought as not as niave as was a while ago, that 02 wanted to finally sort it out after reading the letter. Would be interested to know wether 02 knew it was being sent as their attitude to errors on their part or store disinterest in honoring contract is appauling.

 

Sad thing is o2 are a good company and I use them for payg still, so makes wonder why not sort out contract which makes them more moneyxx Any way rant over. At least they didnt fool you xx

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No I only delt with dial a phone and it was my understanding it was all canceld and done :(

 

james did you get it in writing from the original seller, I hope so as it sounds like they didnt do their bit doesnt it? in your case.

 

Too often these firms are happy to verbally cancel or give impression account being looked into and sorted and then do nowt.

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Yeah thats my worry, I have a feeling this would be a total and utter nightmare to sort out!

 

And as its not on my credit file, I might as well ignore it until they go for a CCJ

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OOps :)

 

can a Mod clear up for me please? :)

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With me they said they had no record of me contacting them within cancellation period, that was because they told me when rang with issue to deal with the store who sold the contract. The store refered me back even ringing from within the branch and they again say they have no record. What can a person do? At the time gave up as didnt need the stress.

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Hmmm yeah they will just pass you from pillar to post :(

 

I defo think this is an ignore and see what happens job.

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Ooopsie on the multiple post. I'll ask a mod to fix :)

 

Anyhow, wait and see what they come up with and keep comunications in writing (if you decide you do need to contact them)


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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Thanks Locutus

 

My only worry is they might whack something on my credit file?

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I have just received a letter ,which states its from 02, but on the return address, i noticed it was lowlifes.

Any way sent email to OFT reporting this misleading letter, and that it was against OFT's debt collection guidlines.

May i suggest you do the same, the more complaints the better !!!!

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I have just received a letter ,which states its from 02, but on the return address, i noticed it was lowlifes.

Any way sent email to OFT reporting this misleading letter, and that it was against OFT's debt collection guidlines.

May i suggest you do the same, the more complaints the better !!!!

 

Going to do the same as genuinely thought o2 wanted to look into it this time after all the fobbing off previoulsy. Lowells after listnening to me say they will get back to me and I know it will just be threat and pay up, so am prepared, but will fight back by complaining anyhow xx:D

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A question. Are O2 allowing the use of their letter head in this way?

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I have sent them a letter saying put up, prove it or shut up and if I have to spend any more time on it without them providing proof I will be billing them for my time :)

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If they have sent a misleading letter to you james, make a complaint to oft, more the better

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I think we are in a similar situation as we had 2 mobile contracts with O2 that we thoguht had been terminated and where we payed the balance off - We have now received a letter for each stating transferring to Lowells.

Whats the address to look out for please?

 

I have PO box 202 Houghton Regis on the letter ehad and 260 Bath Road, Slough, Berkshie at the bottom.

 

Thanks!

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