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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. 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car2403

Debt Collection Industry - effect on individuals... big discussion

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Now, I'm posting this here for a reason. The video is aimed at Bank Charges, but the message within it is quite hard hitting, some would even say it needs viewer discretion.

 

It's in this forum, because I think it shows the **often** unseen impact of the DC industry.

 

Discuss...


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Guest HeftyHippo

hmmm, no responses.

 

well, it does represent the very real effects of irresponsible bank actions. whether or not the wider public will agree on cause & effect is moot.

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There is no link visible...........

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Ah, I'll sticky it

 

Can't see the link - strange as it's embedded. Here it is;

 

http://tiny.cc/ypdps


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Guest HeftyHippo

I could see link perfectly, which is how, after watching it, I was able to comment. Strange.

Edited by HeftyHippo

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That vid sums up everything that makes me angry about the banks and the fractional reserve banking industry.

 

Below is a post i posted on another thread today when the national debt was mentioned - think ithe info needs to be shared with people.

 

The biggest issue here is the Govt Debt - BUT this debt was created out of thin air. AS was all personal debt.

 

To re-iterate that point - no COINS/NOTES changed hands - it was just numbers entered into a computer.

 

Mervyn King at the TUC today said sorry for the "banks increasing their balance sheets" - Huh? aren't businesses supposed to do that? of course - but in the case of banks it means creating money - Out of Thin Air.

 

Only 3% of the money in this country is in the form of "debt free" coins and notes. The other 97% is LOANED into existence by banks and financial institutions

 

And because of this banking con - hundreds of thousands of public sector workers will lose their jobs or have their wages cut and conditions changed.

 

The Private sector will suffer with the overall downturn - people have to work longer and for less.

 

Dont believe me? sounds unreal?

 

Check here There is loads of info - http://prosperityuk.com/how-is-money-created/

 

OR

 

Watch this BBC video news report

 

http://news.bbc.co.uk/1/hi/7924506.stm

 

In Parliament today Douglas Carswell MP intorduced a 10 minute rule bill to try and stops banks creating money from nothing.

http://conservativehome.blogs.com/ce...nk-reform.html

 

As you can gather this makes me a bit miffed - and i think more people should know WHERE THEIR MONEY comes from - bet most will be shocked and angry.

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A friend of mine in the states back in March this year had gotten himself in to financial diffculty after losing his job, his house etc and he connected a hose pipe to his exhaust and put it through his car window whilst he sat in there. Luckily he was found and revived and is now doing a lot better after spending some time in hospital but if it wasn't for the passerby finding him it would be a different story!

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Guest HeftyHippo

he makes a good point or two - if you rent a house, you're not allowed to sub-let it. if you hire a car, youre not allowed to hire it to anyone else, but if you put some money in a bank, they can lend it without your consent, and as the money passes through different banks, it gives rise to more loans which is supposedly the same money. it isnt. and the lending of money by banks that itsn't backed up by actual deposits £ for £ means they are on shaky foundations without the money to meet their obligations.

 

their is moves to increase the amount that banks must retain from deposits, but its still nowhere near enough.

 

having said that, I doubt very much that the bill will progress as there are too many vested interests in the banking sector who have too many well connected people, including peers, Sirs etc ready to make their point. With the economy as it is, the government would need to be very brave to proceed. After all, if the bank cannot loan your money, how can they lend it to a business to help them through this difficult trading time?

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I totally agree with you, however, i would also say there are more of us down here than they have up there.

One of the keys is to make as many people as possible aware of it, so it canbuild some momentum.

As you can see, it has had its first reading, most proposed bills dont even get that far, so there is something in it.


question everything!

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Where's the 'big discussion' about this? I have 'stuck' it, haven't I? :!:


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Guest HeftyHippo

car, it was stickied when I made my first response. At that point I could also see the embedded video. I can only assume that maybe it is too close to home for some people, and it doesnt help them address their issues. I dont think the majority of people here are looking t resolve their issues rather than to join a campaign. most of know what the **** the banks are already, we dont need reminding

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Guest HeftyHippo

I think the other thing is (I've checked and it IS stickied) is that people tend to skip over stickies, maybe because there are getting to be so many stickies that none of them stand out

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A good point, well made


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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With the economy as it is, the government would need to be very brave to proceed. After all, if the bank cannot loan your money, how can they lend it to a business to help them through this difficult trading time?

 

Thats a very good point. The only way to deal with it is proper monetry reform, and a change in the money supply.

 

The Government needs to supply more - debt free - money into the economy at the same time as reducing the banks ability to create money

 

It's ironic that just after the war the UK was flat broke - yet - we could afford what was then the best health service in the world - and inflation was less than it is today.

 

In 1948 Government created money (cash) - that is produced debt free - and spent into the economy as a supplement to tax income - accounted for half of all the money in circulation. Today it is just 3%.

 

izzitme101

 

I totally agree with you, however, i would also say there are more of us down here than they have up there.

 

Well said - I have only been involved in money reform for approx 12 months - and once you take out some of the nutters it seems to attract - ther are a lot of very good and dedicated people involved.

 

Much work has been done on MP's and now we have a new batch to work on - as you state David Carswell has made a start.

 

If the un-needed cuts in the economy are going to be as deep - and hurt as much as people think - Then there are potentialy an army of angry people out there. Especially if they learn that the money they thought they borrowed to pay for the house they have just lost, never realy existed in the first place.

 

The problem is getting the message accross to sufficient numbers of people who are willing to stand up.

 

This isssue - like no other - is the one that will only be changed by a ground swell of support for change from below.

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I remember the days when banks and building societies could not lend more than 80% of its deposits - not only did it prevent an occurrence of the current situation it also kept an open market as they had to fight for your business !!!!!

 

Edit: - Dont forget printing more money only de-values the money already in circulation!!!

 

For example there is a really tiny country with gold reserves of 10 bars. It has 100 units of currency, therefore, 1 bar = 10 units. (100 / 10 = 10)

 

it now prints an extra 100 units of currency but it still only has 10 bars of gold, therefore, 1 bar of gold now costs 20 units (200/10 = 20)

 

 

It is much more complicated than this but you get the picture....................

Edited by rdm2006

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

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All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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rdm2006

 

Yes i know what you mean - and it is a very good point.

 

Geofrey Robinson MP, the former paymaster general, recentley attacked the governor of the Band of England for what he called the "Bankers scare" that they had been doing for hundreds of years. (300 odd years to be precise.)

 

He also suggested devalueing the pound to help ease the deficit.

 

As a stand alone method itself it is not something we advocate - And as you point out its not that straight forward.

 

Our proposals are more along the lines of the following.

 

prevent banks from creating the nation’s money supply (through a few small changes to the rules governing bank accounts)

 

restore the right to create the nation’s money to a public agency of the state (the Bank of England under the direction of the Monetary Policy Committee, all under strict controls, transparency and separation of powers)

 

use any newly created money to reduce taxes, fund better public services and/or reduce the national debt. (This is in direct contrast to the current situation, where three quarters of newly-created money created is pumped straight into the housing or commercial property market)

 

as the economy stabilizes and the debt-burden falls, gradually synchronise the increase in the money supply to increases in productive capacity and population.

 

banks would continue to lend, but would do so as intermediaries between real savers and borrowers.

 

I liked your analogy using gold - you have expensive taste :-)

 

Pity is if we had not done away with the gold standard in 1931 maybe we could still have had more control over the money supply.

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I used that analogy as a country's worth was (and could still be) its gold reserve - not sure that ever changed although I could be wrong.................

 

edit - or am i just showing my age lol

 

:jaw:

 

I also remember when LSD meant Pounds Shillings and Pence. - Nothing to do with drugs at all :-D

 

£ an ornate L - S Shilling and D - Denarius adopted from a roman coin

 

(Latin "librae, solidi, denarii" apparently but not too sure)

 

The currency was also known as "sterling" or "imperial" currency

Edited by rdm2006

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

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All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

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we need a campaign like this on TV. maybe not a bloke about to hang himself but something to embarrass the banks. would be v. effective. cag could have a donation line or something.


Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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I used that analogy as a country's worth was (and could still be) its gold reserve - not sure that ever changed although I could be wrong.................

 

edit - or am i just showing my age lol

 

:jaw:

 

I also remember when LSD meant Pounds Shillings and Pence. - Nothing to do with drugs at all :-D

 

£ an ornate L - S Shilling and D - Denarius adopted from a roman coin

 

(Latin "librae, solidi, denarii" apparently but not too sure)

 

The currency was also known as "sterling" or "imperial" currency

 

blimey you had money, i remember shells as a kid!! hehe

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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rdm2006;3146871]I used that analogy as a country's worth was (and could still be) its gold reserve - not sure that ever changed although I could be wrong.................

It's a common misconception - britain done away with the gold standard in 1931

 

America i believe was early 70's.

 

In fact Ronald Reagan wanted to try and return to it in the early 80's and asked for an audit of the gold reserves - only to be told that the gold in fort knox had been used as collateral for loans - the government no longer owns it.

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blimey you had money, i remember shells as a kid!! hehe

 

dx

 

There is always one posh one aint there - shells? we only had horse dung if rag and bone mans horse was kind enough to poo in our street.

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I think the thrust of this thread is not the source of debt or what gets you into it. It seems to be about what happens after the debt, for whatever reason, gets unmanageable and what certain companies find acceptable to do to try and get it back and the effect that has on people who are in a very vulnerable position.

 

For me it was all part of redundancy and divorce. The days got bleaker and bleaker. The only way to financially survive was to withdraw into a shell.

 

But this was made worse by the constant barrage of phone calls and threats designed to wear you down and make you cough up whatever you could whenever you could at the expense possibly of more important things.

 

My route to sanity was Google, because it got me here!

 

The first thing to realise is that both government and business want everyone to rely on credit but at the same time be terrified of falling behind with payments. A sort of debt bogey-man sat on your shoulder.

 

The people in the know, like big businesses, pay their small suppliers when they feel fit not when it's due. That would not be tolerated the other way round.

 

When people get into difficulty there is an ever reducing pot of money for creditors. So they all come up with what is essentially a psychologically designed plan of attack to get at you. All the letters and phone calls are, just like adverts, designed to put the recipient in a subservient and compliant mindset, an 'underperson'.

 

The trouble is that this has the danger of spilling across into all areas of life. Job, friends and worst of all family. It may in all probability make nasty lifelong changes that prevent some people ever recovering and reaching their full potential.

 

This sort of pressure would never be tolerated in any other area of life.

 

Why oh why is it left to people like CAG to point out that priority debts such as council tax and mortgages should be paid first? Just like health warnings on cigarette packets and warnings on mortgage offers, every DCA letter should have to state that "this is not a priority debt" and that mortgages and tax should be paid first.

 

Thankfully I've seen them all off and am now just about recovered and ready to get on. But it has taken time.


Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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blimey you had money, i remember shells as a kid!! hehe

 

dx

 

You could afford to go to the sea side to get shells ???? you must have been filthy rich :lol:


HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

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You could afford to go to the sea side to get shells ???? you must have been filthy rich :lol:

 

no, we used to nick 'em out the sacks of that stuff the local farmer used to put out to keep his wild fowls' beaks happy down the road.!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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