Lowells/? claimform - old Shop Direct CAt debt

[dx100uk]

witness statement stage then..

[Copier]

Looks like it I'm trying to dig anything I can up

Hmm buy now pay in 12 months actually sold at 9 months

 

Where do I go them not sending me the cca as requested

Or the debt should not of been sold

Tia

[Old Cogger]

part of defence is lasc of CCA do not chase them their problem at this stage, any debt can be sold regardless of situation

[dx100uk]

i would just find a witness statement here regarding the failure to provide docs

[no reply to CCA/CPR]

 

 

theres several here already

whats your hearing date?

[Copier]

21 of may

 

Also no payments I paid have been taken off the debt by very when I looked on the account although the stamens come up unavailable just the amount has never changed

 

I'll take a look at the ws

 

Thanks

[Old Cogger]

same as in my case

payments albeit small paid and not credited but receipts e-mail received,.

 

 

also on final in/outs by very shows credit of default charges etc

 

 

the next 2 days reclaimed by them to boost total to sell off?

[Copier]

Really !! Hmmm I could think of a few names I have bank statements as proof

[Copier]

ive been drafting my ws,

thought and recommendations

is this enough,

should i enclose my bank statements with this aswell?

 

1. I make this statement in support of my defence to the claim above and include relevant evidence and exhibits.

 

2. This claim is for a running credit agreement regulated under the consumer credit act 1974.

 

3. I recall making a purchases on interest free terms Buy now Pay in 12 Months 19/03/15.

 

4. I am unaware of nor do I recall been chased by the original creditors nor ever been issued with a default notice pursuant to the CCA 1974.

 

5. On the 12/10/16, in response to particulars of claim served upon me, I enquired for more clarity by way of a CCA Request from the claimant and CPR 31.14 request on the claimants solicitor for informations including ;.

I) True copy of the agreement,

II) The assignment,

III) The default notice.

 

 

6) I only recently received a response of a Letter Of Introduction .

Along with a very vague statement of account and an assignment letter which were not served with the particulars of claim at the onset.

 

7. The claimant and its solicitors have not been able to satisfactorily comply to my CCA and CPR request in pursuant to s 78 of the Consumer Credit Act 1974.

The claimant have not been able to prove any breach of defaulted payments.

 

8. The claimant have not been able to clarify by way of an itemised list of how the alleged outstanding balance was derived and the legality of the charges and payments have been applied to the said balance.

 

I believe that the facts stated in this witness statement are true.

 

Xxxxxxxxxxx signature

Xxxxxxxxxxxx Date

[dx100uk]

was this not due 14 days before the hearing date?

[Copier]

Yes the 26th

 

I've still not had mine from lowells

[dx100uk]

ah ok you said the hearing was the 21st earlier.

 

 

might need work

its a bit sparse.

[Copier]

It is the 26th sorry for confusion in earlier post page 4 I said the 21 that's a Sunday a different appointment I was way ahead of myself

[Copier]

I'm not sure what else I should have in there as no ca no default off the original creditor and my online statements only show that amount nothing else as the come up unavailable with a total

Nothing changed from my payments to them

 

Also I have a insurance do stating the date the item was bought if that's any good

 

Can anyone point me to anything I might be missing to fill this out as I have worked off the defence I sent

Or if I have missed anything

Tia

[AndyOrch]

Excellent example here in post #12...be aware that it is for an overdraft but it will give you an idea of content and layout.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?469898-Arrow-Restons-Claimforn-old-First-Direct-overdraft-debt

[Copier]

Thankyou

 

i sometimes get fuzzyhead and cant see for looking

[Old Cogger]

Thankyou

 

i sometimes get fuzzyhead and cant see for looking

 

Dont we all at time!

[Copier]

Ok i have done a bit of changing

 

Claimant V Defendant

 

Claim Number

 

County Court

 

1. I am the Defendant in this case. Unless it is indicated to the contrary, all the facts and matters in this statement are true and to the best of my knowledge and belief. I make this statement in response to the claim form dated 28/09/16 of the claimant.

 

2. The Claimant claims monies outstanding under an Credit agreement regulated under the consumer credit act 1974. Accordingly, On the 12/10/16, in response to particulars of claim served upon the Defendant,I sent a formal request pursuant to section 78 of the consumer credit Act 1974 to obtain documentation relating to the running-account credit agreement now covered by this claim.

 

This request and the Claimant’s response are shown in Exhibit 1.

 

3. It is admitted on receipt of the claim form I enquired for more clarity by way of a CCA Request from the claimant in particular to show how I entered into a contract with Lowells and CPR 31.14 request on the claimants solicitor for information.I requested to see the consumer credit agreement, default notice & notice of assignment.

This request and the Claimant’s response are shown in Exhibit 2

 

The court should note that the Claimant has failed to provide the information required under Section 78 (1) of the Act, and therefore

Section 78 (6) (a) applies.

 

4. I only recently received a response of a Letter of Introduction dated 01/01/16 .Along with a very vague statement of settling the account and an assignment letter which were not served with the particulars of claim at the onset. Exhibit 3

 

5. I recall making a purchases on interest free terms Buy now Pay in 12 Months 19/03/15. And Payments to account Exhibit 4

 

6. I am unaware of nor do I recall been contacted by the original creditors nor ever been issued with a default notice pursuant to the CCA 1974.The original creditors have not been able to clarify by way of an itemised statement of how the alleged outstanding balance was derived and the legality of the charges and any payments that have been applied to the said balance.

 

7. Given that at this stage the claimant and its solicitors have not been able to satisfactorily comply to my CPR 31.14 and CCA request pursuant to s 78 of the Consumer Credit Act 1974. The claimant has not been able to prove any breach of defaulted payments.CPR 31.14 does apply and the claimant is required to comply to validate and assist in verifying its claim. Although it is a civil request the court expects parties to communicate to try to narrow any differences.

 

8. Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial.

 

9. I understand that this avoidance can be sanctioned when the question of costs arise as deemed as being unreasonable.

 

10. The Defendant asked the court to put the Claimant to strict proof to show and disclose how the Defendant has entered into an agreement. No such disclosure has been forthcoming.

 

11. Simply stating in their reply to the Defendant’s CPR 31.14 request that the claimants solicitors would provide a copy of the Consumer Credit Agreement & the account was to be placed on hold until they would provide the Consumer credit agreement as they did not have account documentation or correct balances from the original creditor. is purely an attempt on behalf of the Claimant to avoid its responsibilities in proving its claim or rather that they do not hold any proof and are not expected to validate their claim legally.

 

After failing to provide any evidence that the Defendant has entered into an agreement or contract, it is my opinion that the Claimant’s claim contains no proof, and is uncorroborated. Totally unaware of the details of a debt they have purchased and expecting judgment/relief to be granted, relying on the court to base its decision on assumption and balance of probabilities.

Exhibit5

 

12. As per CPR 16.5(4), it is expected that the claimant prove the allegation that any money is owed.

 

The claimant and its solicitors have not been able to satisfactorily comply to my CCA and CPR 31.14 request in pursuant to s 78 of the Consumer Credit Act 1974. The claimant have not been able to prove any breach of defaulted payments.

 

The claimant has not been able to clarify by way of an itemised list of how the alleged outstanding balance was derived and the legality of the charges and payments have been applied to the said balance.

 

13. It is therefore submitted that the Claimant be ordered by the court to quantify,verify, substantiate and disclose all evidence relied upon in their particulars of claim 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.

 

Signature

 

Dated......

Edited May 9, 2017 by Andyorch
edited

[AndyOrch]

Just s few edits to above..and a little repetitive Copier but it should suffice...well done.

 

Andy

[Copier]

i did think am i repeating myself currently brain dead lol

[Copier]

I received Lowells Ws today

 

Complete with a credit agreement that looks like a tick box when i opened the account

Which they never sent to me

 

Details about buy now pay later

The offer does not attract interest during the deffered period

the bnpl transaction will be charged to your account on the order date and will become due for payment on the first statement for which the payment due date occurs

 

 

after the end of the deferred date,

the bnpl transaction will become liable for interest and payment

but no interest will accrue on the purchase until after the end of the deferred period

 

The default notice is a computer screen shot saying it was sent out on the 6/1/17 no letters ever received or copies given to me

 

 

The statement of payments just show £15 i have bank statements showing more paid to them

And charges of £96.00 which i have no idea about

 

Also a response from them saying my account was on hold until they got the cca which was never sent to me

[AndyOrch]

So the court claim was issued before the Default Notice (28/09/16 claim issued) Default Notice issued 6/1/17

[Copier]

Yes the court doc was dated 28/09/16

[Copier]

Completely crazy its just a screen shot dated 06/01/17

 

saying default notice sent

[AndyOrch]

Best to upload the WS Copier and the documents fully redacted

[Copier]

theres a few numbers beside lines

which could be interperated as dates possibly 161115 default notice sent no copy of a letter as its a black and white screen shot with lots

 

even so the item was bought on a march 15 and payments made on account which have not been allocated

 

Their Witness Statement

With a copy of a cca that they never sent to me

A screenshot of a black and white screen text only saying df sent out

 

A summary of account not showing all my payments made to them

 

Just to add the original creditors were paid up to the end of sept 16 until i got the court docs

Full Lolwell WS.pdf