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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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jankers1

Customised my bike nightmare

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Hi All,

 

This is a long drawn out story so I will try to be to the point;

I own a Harley Davidson Night train bought in 2001 new. March this year I decided to have it overhauled and customised. I sourced what I thought was a reputable custom bike builder and got him to quote me the price for a 300 mm rear wheel conversion (to make it wider), new tank, etc, etc I told him I had in the region of £5,000 the initial quotes and communications done by email. I went down to visit him with the bike and he said it could be done, I then stressed the point that the work needed to be completed by the 07 May as I was moving to live in Spain and the bike would be going by shipping with the rest of my belongings, he said that the date would be no problem, the work started and the project grew and grew, in the end I had spent £9,100. As the date for the removals approached the bike builder phoned us and explained that there were problems with the wheel, the tyre blew on inflation, this was due (by his own admission) that he had used a car wheel and that it had some sort of safety rim on it which was causing problems when he came to fit the tyre.

 

The moving day went without my bike, the removal company would not alter their quotation for not taking the bike he said the bike would cost £250 in the price with the rest of my affect. He said it was not his fault the bike was not here to be loaded.

 

Anyway as the debacle of the wheel carried on it transpired that the bike builder had to send the wheel away to have the lip lathed off this whole process took about 4 weeks, there was lots of communication in the end I asked him for a deadline on the bike to be finished, he stated 03 July 2010.

I emailed him last week and asked him when can I book transport and explained that I would foot the bill of the transport over and above the £250 that he should pay due to his missed deadline on the 10 May 2010. He then got back to me explaining that there was now a problem with the paint (as the wheel had to be repainted at the sprayers) and chose not to mention the issue over him paying £250 towards the transport which I have been quoted £400. I emailed him again asking for another deadline and mentioned the transport issue again. Yesterday he got back to me and stated there was another problem with the tyre that the spray shop had noted (which was worrying as he did not notice when he fitted and inflated the tyre), he then asked if I was footing the bill for the transport and asked was he missing something what was this about £250.

I have emailed him back today explaining how for at least the last 3 emails I have directly stated that he should pay £250 towards the transport as it was his fault it missed the deadline 10 May 2010, I also explained how much stress this is causing me and my wife, as he continually keeps trying to botch this car wheel. I did ask why he used a car wheel, initially he stated that he did not notice when it was delivered then later he stated that it was to save cost.

So I am at the end of my tether with the whole ordeal, as I have not kept a retainer payment, he has the bike sat in his work shop near Milton Keynes and I am over here in Spain. He keeps telling me that all these tyres and other costs he is footing the bill on.

 

My question is do I have any legal status as I believe that he will repute my claim that he has to foot the bill for the transport. Secondly surely there is some sort of consumer rights that he has broken be it with deadlines or the safety issue of fitting a car wheel and selling it to me as a bike conversion. Look forward to reading any comments if you have not fell asleep reading this mammoth post.

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Lots of people viewing thread can someone comment please

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I then stressed the point that the work needed to be completed by the 07 May as I was moving to live in Spain and the bike would be going by shipping with the rest of my belongings,

 

As you made 'time of the essence' then yes he is liable.

 

Is there no one over here you know and who is knowledgable enough to go and see him on your behalf?

I'm sure if you mentioned it to the boys at the Harley club, they would be only too glad to go see him.

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Thanks for the reply and reading my thread, yes I do know someone who I could hand over power of attorney to but im not sure how much it will cost me to take him to court over this. Much as I would love to, I did not want to say or do anything that could be construed as a threat of violence.

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Small claims are very resonable:

 

Up to £300 --- £30 -- £25

Up to £500 --- £50 -- £35

Up to £1,000 - £80 -- £60

Up to £5,000 - £120 - £100

 

Read columns as - Amount claimed, Cost in Court, Cost on line.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

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hi as a keen biker and a harley owner i am amazed that he has used a car wheel,when there are custom wheels avaliable.i dont even know how he has managed to fit it to the bike as the center would be wrong and having 4/5 wheel bolt holes would look cr@P and how is the rear brake mounted?

if its anywhere near nottingham drop me a pm and il go and have a look if you like,i also know a few people who could do the work.

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any news on this

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