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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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fedupwithdebt2009

County court claim (cabot/Morgan's) Barclaycard from 1994!!!!!!!!!!!!!!!!!!!!!

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Hi Guy's my hubby has recieved a claim form from northampton bulk centrefor an old debt. There is no other information provided like CCA, default notice etc, probably with it being so old!!

 

We want to defend this, obviously, and would appreciate any advice on what to do next.

 

It was issued on 30th July. 5 days for service, so thats 4th August. We want to submit an embarressed defence. Can any of you guy's help??

 

Thanks

 

Fedup

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When did you last pay or acknowledge this debt? If it is over 6 years ago they should not be bringing this action at all. You need to establish if it is Statute Barred and your defence will be very simple.

 

Cabot/Morgans have tried this one with a number of people on CAG that I know of and there must be many more not on CAG. The situation with a Statute Barred debt is that the debt still exists but all they can do is approach you requesting payment but they cannot enforce it (such as starting court action via Northampton).

 

This company really disgusts me the way it rides roughshod over consumer rights and plays fast and loose with the law. If this is indeed SB you then need to complain to the Office of Fair Trading about their fitness for a consumer credit licence; the Solicitor's Regulation society to complain about Piers Morgan the Morgan's solicitor and Glenn Crawford the Group CEO of Cabot (who is also a solicitor) and the Bar Council to complain about Willem Wellinghof their in house barrister. All of these are responsible for the legal approach within this company and they should be accountable for their actions.

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I do agree about complaining to The OFT, but there is an 'economy of scale', Barclaycard are 'bullet proof', can't be touched, if it was 'Joe Bloggs' providing credit and

he did wrong, his shirt would be ripped off his back and they would confiscate his Abacus, if similar breachs were carried out by the two companies.

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I'm not talking about Barclaycard as this has now been assigned. BC probably didn't take action because they knew it was an old debt - easier to keep their hands clean and offload it to a DCA. Nope I am talking about Cabot/Morgans who have the paperwork (if any) and have decided to aggressively pursue a debt which may (or may not as it hasn't been established) unenforceable and SB.

 

These people are not bullet proof and should be asked to account for their actions.

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Thanks for your replies. I have old bank statements so can check when last payment was made. Even if it was inside the 6 years there cant be a valid CCA from that far back surely........

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There could be but it's not the agreement it's if you actually paid anything within the last six years or acknowledged in writing that you owed this debt.

 

With regard to an agreement Cabot/Morgans have to produce a good copy of the original in court and you must insist on this. If there's no original agreement (and I don't mean a reconstruct to satisfy a CCA request) then they have nothing to go on.

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Thanx. So what would I put in an embarressed defence??? and is that the best thing to do?

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