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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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cp1980

Do larger companies really write off debt?

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Hi Guys, this is my first post so apologies if i do not get the ettiquette correct!

 

I have been hiding from my debt for a while now due to falling behind after my dad passed away and i slipped into a depression. I am now starting to get my life back on track and have decided to tackle my debt problem following the excellent advice on this site!

 

I stopped paying my debts 18 months ago and estimate that I owe about £4k in total over about 9 accounts the largest single sum being £1200, the rest are mostly all under £500 with a couple even being under £200. The thing that I find odd is that although to begin with I was being inundated with debt collection letters now the amount I recieve is much less (I have actually moved but my friends still live at my old address so pass my post on to me). My friend told me that if the debt is under a certain amount of money that some companies simply write off the debt as it is not worth their time/money trying to chase it when they have insurance that covers things like that. The companies I owe are Orange, Capital One, barclaycard, JD Williams, Next, Kays and Littlewoods with the largest debt of £1200 being owed to Littlewoods. It only seems to be Orange, JD Williams and barclaycard who are still sending letters through DCA's not any of the others which I find odd.

 

I am not suggesting that I am going to avoid them just because they are not writing to me (part of my recovery process with my counsellor involves tackling all this) but I was just curious as to whether my friend was right or not. I couldn't find anything on the internet that answered this.

 

Thanks for all your help!

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hello cp1980 and welcome to the world of CAG you are right in saying that you want to tackle your debt problem as do everyone else on this site but at an amount WE can afford not what they tell us they want.your friend was right in saying some companys do rite of there debt and claim on there insurance but waite there is a catch they then sell it to a DCA for a fracton of the cost.if you do start getting letters from DCA'S come back here and we can addvise you on your best coarse of action they will say NO THEY WONT THEY WILL SHOUT we want it all now in 7 days, don't worry chill come back in here tell us what has happened and when and we can then advise you on what letters to send them.

there is of coarse 1 golden rule DO NOT SPEAK TO THE IDIOTS ON THE PHONE EVERYTHING NEEDS TO BE IN WRITTING.

once again welcome to the site of sanity.


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There are billions of pounds worth of debts in the system and some companies are better than others in chasing them up. They are not often written off, but once they are statute barred they cannot be enforced in court.

 

The advice about how to deal with each of them will vary depending on when you took out the Consumer Credit Agreement or contract for the accounts you mentioned.

 

Suggest that you start a new thread for each, with details of what the debt is for, when the Consumer Credit Agreement was taken out, when the last payment was made or the date you last acknowledged the debt in writing and what correspondence you have had. As much details as you have got, without revealing any personal information that could identify you.

 

There are many people on CAG who will chip in with advice on each, if you do this.

 

You could go to Citizens Advice or other debt advice body, but all they will do is suggest making affordable payments towards each of the debts. Once you do that, they will get their claws into you and will make demands for increased payments.


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