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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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Expert advice needed! Helploan/Balanceloan - accepted for loan but no money so far...

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Today at around 3:30pm a friend applied for a loan of £250 from this website: https://secure.helploan.co.uk/


She followed the application procedure to the letter (including sending a £3 SMS) and received the SMS to say her application had been granted and that it had been moved to the "payout list" and the money would be with her shortly.


Now, 3 and a half hours later there is still no sign of the money. She tried ringing their customer services but it just rings out. Wonga and Toothfairy Finance put the money through within an hour or two of the application being accepted.


I have tried to research the company but the only info I can find is on their websites (https://secure.helploan.co.uk/ and https://secure.balanceloan.co.uk/)


Has anybody here used their service before? Can any experienced people give me any advice? Do you think it's a con for the £3 SMS messages?


Please help!

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Never heard of them. The SMS charge sounds very dodgy. Please tell your friend to avoid payday loans- only misery awaits and the potential for others to have control of your bank account.


The money might turn up but I doubt it. Get their debit card changed- they have £3 but access to a lot more.

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Robjam and I tend to be in agreement on a lot of things and this is one of them. Please tell your friend to avoid PDL companies - they seem like a nice, easy short term fix but believe me you end up getting one out to pay off another despite your best intentions. A lot of us on here have been there, done that and regretted it and it really is best to either seek financial help elsewhere or try and muddle on without.


It is worth cancelling any bank card used to take out this loan as these vultures seem to take your card details as a licence to raid your bank account - there are lots of cautionary tales on these forums about that.

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The loan went in! It just took a while.


They still seem very dodgy to me, but then again, all PDL companies probably are!


I will update here if they try anything dodgy!

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Make sure she texts STOP to the SMS message otherwise they will eat up all her data allowance... and more.... that seems to be one of the latest moneyspinners.


Really this government would be doing the country a huge favour by outlawing these firms, Canada has banned them completely, why can't we follow suit?

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The OFT have just finished a report into PAYDAY lenders here is a paragraph from the press release.


The report found that, in a number of respects, these markets work reasonably well in that they serve borrowers not catered for by mainstream suppliers, complaint levels are low, and there is evidence that for some products, lenders do not levy charges on customers who miss payments or make payments late. The report also makes some recommendations for improvements to the functioning of aspects of these markets that work less well.


Complaint levels low?????

Lenders not levying charges?????????


who are these companies if its true they should be named.


Website concentrate on APR's and costs, maybe info such as official complaints and charges should also be available to all

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Sorry, I accidentally posted twice; please ignore this.

Edited by Jenji

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26072004 - I would agree with you there - what planet are these folk at the OFT on???????


Maybe we've all been too soft and not complained enough to the OFT - or they may be getting some benefit from having these companies around (treading very carefully to avoid charges of libel :-) ) - if it were up to me I'd ban the whole bloomin' lot of them!


Jenji - I'd agree - they are dodgy but if you take the loan with the full knowledge that you'll be able to pay it back and not reloan then they're ok as a one-off. If you get to the stage when you need multiple payday loans to survive then they become a millstone.

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Beware this company is involved someway in a massive [problem] - sending out loan repayment demands to 100's of people who have not taken out loans. Check out the Action Fraud website

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