Lowell/Lowell sols claimform - old cat debt

[shamrocker]

Ok, so what you're saying is you owed only a few hundred Pounds on the account before placing these orders, then the account balance rocketed to £2,400 within a short period of time?

 

In your email correspondence, you mention a balance of £2,400+ that you say is incorrect - this was on 14/06/13.

This raises the question as to how such an increase has materialised.

 

Furthermore, on 25/06/13, you refer to £600 of goods being returned, but they only credited £173.

As this is after the previous email on 14/06/13, why are you only querying the £600 value of returned goods and not the £2k that has supposedly been added on for whatever reason?

[sk101]

I question them to explain £2400 balance in the email?

it didnt happen in few weeks over some months before I stopped making payments.

 

 

The goods I ordered could have been about £600 but was all returned but i definitely didnt have that balance

and thats why they didnt send me statements so i my self could see what i purchase and what charges they have added.

[shamrocker]

Yes, but charges are only incurred for missed or late payments, and your last payment was 5th June 2013. It doesn't add up. I don't understand why you only question the difference of £427 in the value of the credit, and not the £2,000+ that you say the account rocketed by. That doesn't make sense.

 

Anyway, you can explain that bit to the judge. I'll continue knocking this WS up for you on the basis that non-compliant agreement and lack of default notice could save the day for you.

[sk101]

This is the last email I sent in 7/2013

 

My account XXXXXX still not credit with returns. I have attached three return tickets with this email. This is the last email I am writing to you . If my account is not credited I will write to trading standards and your head office and I will not make any payments till this resolved . You guys purposely do that so you can over charge people.

 

In this email I am asking them to explain my balance....Hi I have returned both previous orders you have not credited my account the account still shows £2,492.34 which is wrong . Please explain my outstanding balance.

[shamrocker]

Ok, no problem. I'm sure you can explain all that to the judge on the day. It's too mashed up for me to unpick at this late stage.

 

We're not going to get this done today now unfortunately, however I'm nearly done with my bit. You can get it off to them tomorrow or even hand deliver it to the court if it's accessible for you.

 

Better late than never.

[sk101]

We're not going to get this done today now unfortunately, however I'm nearly done with my bit. You can get it off to them tomorrow or even hand deliver it to the court if it's accessible for you.

 

Better late than never.

 

Yes thats ok I can hand deliver its not far. Thank you guys.

[shamrocker]

Let me just go over this one more time -

 

- you have sent off a CPR request, asking for statements - correct?

- you have sent off the CCA request, asking for a copy of the agreement - correct?

 

Do you have copies of both letters to put into your disclosure list?

 

- you didn't get any reply to either request - right?

 

- did you get proof of delivery for the letters sent?

[sk101]

Let me just go over this one more time -

 

- you have sent off a CPR request, asking for statements - correct?

- you have sent off the CCA request, asking for a copy of the agreement - correct?

 

Do you have copies of both letters to put into your disclosure list?

 

- you didn't get any reply to either request - right?

 

- did you get proof of delivery for the letters sent?

 

Yes I can attach both here if you like and yes I have kept recorded delivery proofs.

 

DATE: 11/12/15

 

Dear Sir/Madam

template removed - read our rules please and the warning on the templates themselves - dx

 

DATE: 11/12/15

 

 

 

Dear Sirs,

Claim Number: XXXXX

template removed - read our rules please and the warning on the templates themselves - dx

And they only documents the sent me was few days ago which are posted in post 1.

[shamrocker]

Here's my attempt. It's a bit all over the place maybe, but I'm struggling for time to structure it as well as it could be. You'll need to include documents in your disclosure list that correspond with the exhibit numbers I've given. I've also made a few assumptions... e.g. about you asking for a copy of the agreement via telephone, answering numerous phone calls about the debt - unless you have reason to believe this is incorrect or Andy advises against, just leave them there.

 

You've got until tomorrow to sort this now, so you may as well take your time to get it as good as possible. Can you post up a copy of your list and cover letter before you print them off for sending?

 

Andy, do you think this is ok. Can you suggest additions (or bits to remove, for that matter) in order to squeeze them on some points (e.g. supply of original agreement, statements, default notice, etc). My brain is switching off now - all the info and circumstances relating to the claim is so mixed up that I have no motivation to over-analyse it.

 

Cheers,

 

Sham

 

----------------------------------------------------------------------------------------------

 

IN THE XXXXXXXXXX COUNTY COURT

BETWEEN:

LOWELL PORTFOLIO I LTD Claimant

-and-

XXXXXXXXXXXXXXX Defendant

 

WITNESS STATEMANT OF MRS/MISS/MS [DELETE AS APPROPRIATE] XXXXXXX

 

I. Ms/Miss/Mrs [delete as appropriate] XXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-

 

2. I held a Very catalogue account since September 2005 and had ordered and paid for numerous goods over a number of years. I do not possess any of the account statements as I believe they were accessed online, but I no longer have access to this information.

 

3. My recollection of setting up the account is that it was done via a paper application form, but I have no knowledge or recollection of any agreement, as referred to in the Claimant’s Witness Statement as Exhibit AK2.

 

4. My account with Very was maintained in good order until mid-2013 and, at that point had, as I recall, a low outstanding balance. I ceased making payments to the account under dispute when I had ordered some goods on a ‘Buy Now, Pay Later’ special offer. The goods were unsuitable so I returned them unused, but the original cost was not credited back against the account. I subsequently disputed the account balance via telephone and also email. See Exhibit SK1.

 

5. It is denied that I refused communications over this matter with either the original creditor or the Claimant. I both made and accepted numerous telephone calls to and from the original creditor and variety of debt collection agencies, and each time I raised the matter of the dispute, but little notice or consideration was given. The account was eventually sold quite quickly after I telephoned Very to request a copy of the agreement.

 

6. Upon receiving the claim form, I subsequently sent a Consumer Credit Act s.78 request to Lowell [Exhibit SK2], asking for a copy of the agreement. I did not receive any reply, so they remain in breach of the regulated agreement they claim exists. I have confirmation that the request letter was received [Exhibit SK3].

 

7. I also sent a request to the Claimant’s solicitors for copies of the itemised account statements under CPR 31.14 [Exhibit SK4]. A response was not received. I also have proof that the request letter was delivered [Exhibit SK5].

 

8. The Claimant has failed to provide itemised copies of account activity which would substantiate how the claim amount was arrived at. The Claimant has only supplied an ‘Account Summary’ [AK4] in support of the total they are claiming. I contest that this summary is crude and unverified, and I deny the amount to be true. An account summary does not assist with being able to contest or indeed validate specific entries when attempting to validate the alleged account balance.

 

9. The Claimant’s Witness Statement draws attention to a pair of Wrangler jeans being ordered, but I fail to understand the relevance of this to their claim, as it is not contained within any of the documentation they upon which they rely.

 

10. The account summary itemises Charges of £108.00 and Insurance of £49.28. I contest both of these amounts as I was unaware either were being added to the account, or the reasons for doing so. Upon reading the unsigned generic agreement and terms provided by the Claimant in their Witness Statement, there is no mention on any charges or insurance. These amounts should be scrutinised and then refunded with compound interest, however, they can only be properly scrutinised with the assistance of itemised account statements.

 

11. The Witness Statement made by xxxxxxxxxxxx in support of the Claimant, exhibits a ‘generic’ Agreement [AK2] and Terms [AK3] as evidence of an agreement entered into, and one which they currently seek to enforce. I contest that the supplied document does not constitute a valid agreement pursuant to s.61 of the Consumer Credit Act 1974. It lacks both dates and signatures on behalf of the creditor and myself, rendering it improperly executed and, therefore, irredeemably unenforceable through the Courts. As the agreement is pre-2007, only the original signed agreement can be considered for the purposes of enforcement, by virtue of s.127(3) of the Consumer Credit Act.

 

Furthermore, I deny ever being presented with or signing a document that resembles the generic agreement exhibited.

 

12. In the event that the agreement was the original and fully complied with the requirements of the Consumer Credit Act, s.87 of the Act stipulates that a valid default notice must be issued in the event of a breach, should the creditor wish to take legal action and enforce the agreement. Nowhere does the claimant mention or provide a Default Notice in support of their claim, and I can confirm that none was ever received. Until this obligation is satisfied, the Claimant has no grounds to pursue the agreement through the Courts.

 

It is therefore submitted that the Claimant be ordered by the court to quantify, verify, substantiate and disclose all evidence relied upon and should the claimant fail to that their claim be struck out under CPR 3.4 as having no basis.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………….

 

Dated on the day ………………..2016

 

-----------------------------------------------------------------------------

[sk101]

I have attached.

IMG_20160721_0002.pdf

IMG_20160721_0004.pdf

[sk101]

Should I wait for Andy or can I start with this now?

[honeybee13]

Well done Sham, you've worked so hard on this today.

 

Forgive me butting in, I thought Andy mentioned not bringing the delay to the court's attention? Apologies if my memory is wrong.

 

HB

[shamrocker]

Hi HB

 

I've been conversing with Andy behind the scenes. He advised earlier to add a note for the court as they probably realised at this stage that the directions hadn't been complied with, so the note was to explain the situation and request that sanctions not be applied.

 

I guess it's a flip of a coin decision maybe, but I'd err on the side of acting like a nervous LIP and hoping for some flexibility on account that a solid case for defence exists.

[sk101]

Hi HB

 

I've been conversing with Andy behind the scenes. He advised earlier to add a note for the court as they probably realised at this stage that the directions hadn't been complied with, so the note was to explain the situation and request that sanctions not be applied.

 

I guess it's a flip of a coin decision maybe, but I'd err on the side of acting like a nervous LIP and hoping for some flexibility on account that a solid case for defence exists.

 

Thank you Andy and Thank you SHAMROCKER . I will start now and drop the documents by hand to county court.

[honeybee13]

I just thought I'd mention it. Please feel free to ignore me.

 

HB

[shamrocker]

Should I wait for Andy or can I start with this now?

 

Wait for Andy to have a look. He'll probably on tonight. I'll give feedback on your letters later when I get some peace and quiet at home.

 

Don't forget to add all exhibits to the list - then I assume you'll also need to include them in the actual witness statement too. I'll clarify with Andy later.

 

We're getting closer anyway.

[sk101]

Wait for Andy to have a look. He'll probably on tonight. I'll give feedback on your letters later when I get some peace and quiet at home.

 

Don't forget to add all exhibits to the list - then I assume you'll also need to include them in the actual witness statement too. I'll clarify with Andy later.

 

We're getting closer anyway.

 

I have done that already.

[AndyOrch]

Excellent.....just attach all the exhibits to the Witness Statement...and also write them on your disclosure list.

 

Well done:thumb:

[sk101]

Thank you all. I will deliver by hand tomorrow and post any updates.

[AndyOrch]

And copy it all to the Claimant's Solicitor named on the claim form

[shamrocker]

Add your address and claim details to the top of the cover letter for the court - take 'Cover Later' off it too. I can take another read over things later if you want to wait a bit.

 

Otherwise, best of luck. Hope it works out for you!

[sk101]

Yes I will . Thank you

[shamrocker]

Just a quick note...

 

The start of the witness statement should go: "1. I, Ms/Miss/Mrs [delete as appropriate] XXXXXXXX the..."

 

also.....

 

Point 8: should say: "attempting to verify the accuracy of the alleged account balance."

 

Point 9: should say: "...within any of the documentation upon which they rely"

 

Also, it might be an idea to sign anything sent to their Solicitor slightly differently to your usual signature. Scan or take a photo of the document with signature so you can refer to it later should a signed agreement turn up as if by magic at the back of a Shop Direct filing cabinet...and the signature is an exact match for the altered one you put on the WS you sent them.

[sk101]

also.....

 

Point 8: should say: "attempting to verify the accuracy of the alleged account balance."

 

Point 9: should say: "...within any of the documentation upon which they rely"

 

Also, it might be an idea to sign anything sent to their Solicitor slightly differently to your usual signature. Scan or take a photo of the document with signature so you can refer to it later should a signed agreement turn up as if by magic at the back of a Shop Direct filing cabinet...and the signature is an exact match for the altered one you put on the WS you sent them.

 

Thank you I will correct them before sending and I will do slight diffrent signature when sending to Lowell.

[shamrocker]

Any updates on this sk101?