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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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carter/lowell claimform - vanquis 'debt'***Claim Discontinued***


walpants
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You both follow the directions provided in your Notice of Allocation and both must comply by the dates stated...any party who fails to comply risks their claim/defence being struck out or other sanctions being imposed by the court.

 

Disclosure and Witness statement is your/their evidence......if neither of you submit it it makes the trial rather difficult to proceed as both of you can then only rely on verbal evidence...if the court allow it to proceed.

We could do with some help from you.

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In the meantime start looking at how to draft a witness statement...as you may not get much assistance over the festive period.:-)

We could do with some help from you.

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just having a look through some success threads and came across this post

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439677-Cabot-Weightmanns-claimform-old-Vanquis-card-debt-***Claim-Discontinued***

 

on it its saying that as its post 2007 they don't need an agreement, if this is the case I don't have a leg to stand on do I?

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So why did the claimant discontinue ?

We could do with some help from you.

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Always read everything and preferably to the conclusion before panicking :-)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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ok yes sorry I should have read the whole thread, but I was rushing before work and freaked out a little.

 

I have now read the whole thread and it seems it didn't get as far along as my case is now before they gave up.

 

they also had far more communication from the solicitors than I have had.

 

I have just re read the letter received on 27th july from bryan carter and have realised that it is relating to the cpr request

and not the cca request so in fact as it stands they haven't even acknowledged that request.

 

I guess I need to keep reading to find a case that gets to the point of needing to put a defence together

- I must admit I really don't know where to start!

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I guess I need to keep reading to find a case that gets to the point of needing to put a defence together - I must admit I really don't know where to start!

 

Witness statement ...you have already submitted your defence.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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well its about time you got upto speed...

 

you've known about this since july.

 

preparation on what could happen

and what you need to do is everything..

 

...cag is a self help site too you know!!:lol:

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have been reading on here and googleing but when it comes to doing a witness statement im not finding much information on that other than it is different for everyone and there is no set template to follow.

 

 

I am trying to help myself and im not asking anyone to do it for me its just having no experience in this field at all and not being the most academic person I am struggling to get started with it. im sure I will get there though.

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Witness statement and template are a contradiction in turn walpants...a witness statement is unique to your case in your own words in support of your defence...there are plenty available here for you to look at and get an idea of format /content.

 

Andy

We could do with some help from you.

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hi, im just in the process of putting together my witness statement

 

have just looked at my credit report and the date the agreement started was 14/03/2007.

 

does this change anything as I think I have read some where that what ever it was that changed in 2007 happened in april

and so this was taken out before that.

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but was prob an online signup anyway...?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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wel regardless to that

they have got to produce 'something' to even claim the debt is enforceable

 

 

they haven't.

 

 

don't speculate

stick to the facts you know from their [non] actions

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

well that's where you'll get your inspiration from

as others have done already..

 

type in witness statement in the red toolbars' search CAG box

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

ok this is what I have put together, I hope its at least close to what I needed to do, i have printed off copies of all documents and listed them as exhibits, including the letters i sent them, the proof of postage and delivery and the letter they sent back to me.

i don't have a scanner though so i have taken pictures of each document and printed that out, i hope it will be ok it is perfectly readable and i have the originals kept for me to take with me if it comes to it.

IN THE LEICESTER COUNTY COURT

Claim No. xxxxxx

 

BETWEEN:

Lowell Portfolio I LTD

Claimant

- and –

Defendant

xxxxxxxxx

_________________________________

 

WITNESS STATEMENT OF xxxxxxxxxxxxxxxx

_________________________________

 

 

 

I xxxxxxxxxxxx being the Defendant in this case will state as follows;

 

1. I make this Witness Statement in support of my defense in the claim.

 

2. This claim is for a running credit agreement regulated under the Consumer Credit Act 1974. I believe the account was opened in 2007; however I do not recall signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement. The original account was opened with a company called 'Vanquis'.

 

3. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at.

 

4. On 18/07/2015I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of £1. [EXHIBITS A and B].

 

5. Consumer Credit Act s.78(1) states

Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer.

 

 

6. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement.

 

 

7. On 18/07/2015, in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBITS C and D].

 

8. On 29/07/2015, a letter was received from Bryan Carter in response to my CPR request [EXHIBIT E] but I am still not in receipt of the documents I requested.

 

9. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time.

 

 

 

Statement of Truth

 

I, xxxxxxxxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: ________________________________

 

Dated: 22/12/2015

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Thats fine WP...not sure about quoting 5 & 7 in full ...perhaps just shorten it a tad...District Judges dont like to be told the law....even if necessary sometimes.:-)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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thank you for looking over it,

 

 

I have shortened number 5 and taken out number 7 completely as I didn't think I could shorten it really.

 

 

and number 6 states that they have failed to comply

 

 

so hopefully that is enough.

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well I posted them on wed 23rd 1st class recorded,

 

 

carters arrived with them on 24th

 

 

but the court copy which had to literally go about 20 mins down the road hasn't made it there yet,

 

 

I hope they will be a little lenient seen as its xmas. :)

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you only get one extra day for xmas day

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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