Cabot/restons Claim Form - 2 Old Lloyds Credit Cards

[Orchid47]

Thanks Andy, I meant the Witness Statement, not a letter, sorry

 

[AndyOrch]

Orchid 47 letters+agreements+TCs (4).pdf

[Orchid47]

6 hours ago, dx100uk said:

and relevant for that correct time period, even the dates and the original creditor and branded card name are wrong

 

Please can you tell me where / which page this info is wrong? dx?

[dx100uk]

has andy not already pointed to this in post 130?

 

[Orchid47]

No Dx, he hasn't mentioned where and which dates are incorrect and Ive looked but can see which

Sorry

[dx100uk]

post 125

look at the little numbers down the edge and at the bottom of all sheets

they are date codes.

 

is the agreement still up here?

think it was removed?

[Orchid47]

Yes the agreement was uploaded on about post 98 

[dx100uk]

ok i'll look later

[Orchid47]

Thanks DX. 

Court hearing is on the 16th. I know I have to submit this statement 7 days before the hearing to ? both the Court and the Claimant. So can I email it or does it have to be posted? In which case is tomorrow the day it has to be posted?

 

DX, please make sure you look at post 93 upload, not any earlier upload

 

Please can you look at No. 6 on page 5?

I cant see a copy of the Credit agreement?

I can see the credit application form with illegible T'cs, but then another copy of t's and c's which seem to be a repeat of whats on the application form??

[dx100uk]

cant access any pdf's showing the exhibits from their WS

put them back up again please

[Orchid47]

There is so much on the witness statement that I just dont know how to respond to. Shall I send over what Ive done so far, 

 

Ive just tried to upload all info again and Ive combined all into PDF and Im just over your allowance aagghhhhhh

 

Ok, Ive split the PDF files into 2 and they are still too large. Im just going to send them in groups 

 

Witness Statement 1-5

 

 

 

Your website wont let me upload anything else, even in a separate window

 

Help?

[dx100uk]

adapt this:

 

Could you take a look at my witness statement please?, Im a little unsure on how robinson way fit into this as they are the ones that replied to the CPR Request, but I have not mentioned them at all in the statement. ThankYou! 

 

 IN THE ******* county courticon 
 Claim No. ***********

 BETWEEN:
 Hoist Portfolio Holding 2 LTD
 Claimant

 AND XXXXXXXX
 Defendant
 ************

 _________________________ ________

 WITNESS STATEMENT OF **********
 _________________________ ________

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

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

 1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income.

 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.

 2. On or around the 04 November 2016, I received a claim form from the County Court Business Centre, Northampton, for the amount of £7809.96. The claimant contends that the claim is for the sum of £4933.86 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA). 

 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when any alleged Default Notice occurred or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice.

 4. The particulars of claim state the debt was assigned by MKDP LLP to Hoist Portfolio Holdings 2 LTD, R/O First Floor, Le Masurier House, La Rue Le Masurier, St Helier, Jersey, JE2 4YE and that Notices were provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignments.

 5. On 10 November 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Howard Cohen and Co. requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT B].

 6. On 10 November 2016 I 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 [EXHIBIT C].

 7. I have not received any of the documents mentioned in the claimants claim form.

 8. The Claimant replied to my request 18 November 2016 [EXHIBIT D] and failed to supply any documents that I requested.

 9. The Claimants pleaded case is that the Defendant entered into an agreement with HSBCicon under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had Credit Cards with HSBC the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement on which its claim relies upon.

 Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78 of the Credit Consumer Act 1974.

 Statement of Truth

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

 Signed: _________________________ _______

 Dated: _________________________ _______

[Orchid47]

Can I email my witness statements to Court and Claimant?

[dx100uk]

ive removed the others to a safe place 

now upload the rest and i'll merge the whole lot.

it wont hurt your WS is a day or 2 late 

you are a LiP [litigant in person] 

certain leeway is allowed

 

[Orchid47]

Thanks DX, will upload rest now

 

Sorry but your website still wont allow me to upload more

[dx100uk]

pm sent with secure email

[Orchid47]

Ok, statement written but quite a few with ????? where I need help please?

 

Im also not sure if Im allowed to say some of the things I have and where I feel strongly about

 

Shall I up load it now?

[AndyOrch]

Yes please...and do we still have the claimant's statement available on the thread ?

 

Andy

[Orchid47]

Yes DX asked me to email over to him all the docs again, so I did this this morning direct to him

 

[Orchid47]

Please let me know if you need anything else

 

Hope this isn't too bad?

 

claimant docs.pdf

[dx100uk]

claimants full docs in post 150 above 

sorry for the delay

 

[AndyOrch]

Orchid Witness statement in opposition to SJ.pdf

[dx100uk]

nice work!!

chew on that restons...

[Orchid47]

Andyorc I have a few questions please?

 

1. Can I check this fact. Has the original creditor already written off this debt as a capital loss and claimed against taxable income?

 

2. Re No. 4. Please can you advise me with some figures?

 

3. Can I double check all of point 7 and also the "are dated Nov 03 some 10 years later " ?

 

4. ????  4th May 2004 and the amendments of the CCA2006 are not retrospective to agreements entered into pre April 2007. (I cant locate this??)

 

Thank you

 

 

[AndyOrch]

1.Thats the normal process in debt assignment...as to whether Lloyds have in fact done that you can only assume as they certainly wont confirm it to you.

 

2. Thats for you to submit a figure for your time in dealing with the claim and up until the part when they discontinued that part of the claim.

 

See CPR 38.6 (2)

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.6

 

3. I though we agreed to remove 7 as the T&Cs for AA were part of the discontinued agreement ?

 

4. Not sure what your asking thats not included in the statement ?