Lowell Claimform - old vanquis credit card debt***Claim Dismissed***

[Saj33]

Hi all,

 

An update on my case.

 

Last month i received a letter from the courts informing me of the hearing date which is later this month.

I am due to submit my witness statement in two days time, please see a draft below.

I would be grateful if someone could review and let me know if this is acceptable.

 

I have not received a copy of the claimants witness as of yet, i did receive a letter from the solicitors last week with an offer to settle the case.

 

The letter reads:

 

"We refer to the above matter and enclose herewith documents in support of our clients claim: credit agreement and default notice.

As you will be aware from our previous correspondence, we are instructed by our client to recover the above sums which remain outstanding.

We have been notified by the court that you have filed a defence to our clients claim.

Whilst out client believes that your defence is unlikely to succeed,

in order to avoid either partys incurring further costs,

our client has now instructed us to propose an offer of settlement to you".

 

The letter then goes on to explain the offer.

 

In the xxxxxxxxx county court

Claim No.xxxxxxxx

BETWEEN

Lowell Portfolio 1 (Claimant)

 

v

 

Mr xxxxxxx (Defendant)

Of xxxxxxxxxxxx (Address)

 

 

 

WITNESS STATEMENT OF MR XXXXX (DEFENDANT)

 

1 I make this statement in support of my defence to the claim above and rely on the exhibits attached.

 

2 This claim is for a credit card agreement regulated by the consumer credit Act 1974 between the Defendant and Vanquis Bank Plc. Whilst I have had dealings with the original creditor in the past, I do not recognise any of the account details as I no longer have records of them.

 

4 Whilst the account was running,I recall making a few purchases however no payments were made onto the account for several months.

 

5 After some time, I got into financial difficulty as i was unemployed at the time and fell behind with my payments.

 

6 I am unaware of any notice of assignment, I have now been issued a copy of the default notice by the claimant pursuant to section 87 (1) CCA 1974.

 

7 I therefore cannot make any admittance to any alleged debt.

 

8 On the 14 Mar 2017, in response to the particulars of claim served upon me, for more clarity on the matter I made a request under section 78.1 of the Consumer Credit Act, and paid the £1 fee via postal order for a copy of the credit agreement and statement of account.

 

9 This letter was sent recorded delivery to the claimant on the xx/xx/xx (see exhibit 1a and 1b).

 

10 I also made a CPR 31.14 request to the claimants solicitor on the xx/xx/xx, which was received and signed for by xxxx on the xx/xx/xx (see exhibit 1c and 1d). The claimant Solicitors has responded and acknowledged my request for documents (see exhibit 1e).

The claimants solicitors referred my request Lowell Portfolio, but as at this date have failed to disclose the information statement of account relating to the accure of charges and interest.

 

I enquired for information including:

 

1 Agreement/contract

2 Notice of assignment

3 Default warning letter

4 Default notice

5 Information statement of Account relating to the accrue of charges and interest

 

11 The claimant and its solicitors have not complied fully with my request.

 

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

 

13 Notwithstanding the above the claimant remains in breach of the 12 day response period under Section 78.6, therefore the claimant is unable to request any relief until such time they can comply.

 

14 It is therefore averred that there is no outstanding balance nor as the claimant been able to produce any documentation to prove otherwise and I therefore respectfully request that the court dismiss this claim and award costs it feel fit in defending this matter.

 

STATEMENT OF TRUTH

 

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

 

Signed

 

Dated this day……………………..2017

 

 

Exhibit 1a : Copy of CCA Request

Exhibit 1b : Proof of recorded delivery postage

Exhibit 1c : Copy of CPR 31:14icon request

Exhibit 1d : Proof of recorded delivery postage

Exhibit 1e : Solicitors response

[Saj33]

Can anyone help please?

[dx100uk]

wrong thread ignore

[Saj33]

They have provided the credit agreement along with a default notice as per the order.

[dx100uk]

pm me the account number in the POC please

[dx100uk]

so it is a credit card it has 16 digits I was puzzled by post 46/7

[dx100uk]

4 5 7 contradict yourself

[Saj33]

Post 46/7 is in relation to the transactions that lowell have provided, it listed bank account details.

 

This is a credit card claim.

 

I will be submitting the witness statement above tomorrow if there are no issues with it.

[dx100uk]

4 5 7 should be dropped totally .

 

dx

[Saj33]

Amended witness statement below, i have removed posts 4 5 and 7 from the above. Does this read better?

 

1 I make this statement in support of my defence to the claim above and rely on the exhibits attached.

 

2 This claim is for a credit card agreement regulated by the consumer credit Act 1974 between the Defendant and Vanquis Bank Plc. Whilst I have had dealings with the original creditor in the past, I do not recognise any of the account details as I no longer have records of them.

 

3 On the 14 Mar 2017, in response to the particulars of claim served upon me, for more clarity on the matter I made a request under section 78.1 of the Consumer Credit Act, and paid the £1 fee via postal order for a copy of the credit agreement and statement of account.

 

4 This letter was sent recorded delivery to the claimant on the 30th Mar 2017 (see exhibit 1a and 1b).

 

5 I also made a CPR 31.14 request to the claimants solicitor on the 30th Mar 2017, (see exhibit 1c). The claimant Solicitors has responded and acknowledged my request for documents (see exhibit 1e). The claimants solicitors referred my request to Lowell Portfolio.

 

I enquired for information including:

 

1 Agreement/contract

2 Notice of assignment

3 Default warning letter

4 Default notice

5 Information statement of Account relating to the accrue of charges

and interest

 

6 The claimant and its solicitors have not complied with the CPR 31.14 and CCA request and have not sent any related documentation clarifying or proving the alleged debt directly to the defendant in response to the CPR31.14 and CCA request.

 

67I therefore cannot make any admittance to any alleged debt.

 

8 As per the order dated 11 Sept 2017, the claimant was requested by the courts to provide a copy of the agreement referred to the in particulars of claim, a full breakdown of how the amount claimed has been calculated. Copy statements in support of the breakdown provided (see exhibit 1f).

 

9 In response to the order, the claimant has provided documentation however the claimant is in default of the order as they are unable to provide a breakdown/original copy statements to how the amount claimed has been calculated.

 

10 The copy statements provided appear to originate from some system the claimant has and not from the original creditor and do not look like any known Vanquis statements. The copy statements are unnamed and show no specific reference they are from any alleged account linked to the defendant in anyway.

 

11 The claimant have not been able to clarify by way of an itemised list how the alleged balance was derived and the legality of the charges applied to the said balance. The claimant has not in any way proven the existence of the alleged debt.

 

12 Notwithstanding the above the claimant remains in breach of the 12 day response period under Section 78.6, therefore the claimant is unable to request any relief until such time they can comply.

 

13 It is therefore averred that there is no outstanding balance nor as the claimant been able to produce any documentation to prove otherwise and I therefore respectfully request that the court dismiss this claim and award costs it feel fit in defending this matter.

[dx100uk]

from my notes..

 

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: _________________________ _______

[Saj33]

A little confused, although the claimant has not responded directly to the CPR and CCA, they have provided the credit agreement along with the default notice. Am i right in assuming you prefer if my witness statement was altered to match the above?

 

If you could point me in the right direction and confirm what needs to be amended in my witness statement to include any of the above i would appreciate. The only have time i have left is to work on this tomorrow morning, i have to post by 9am.

[dx100uk]

yes but include the bit that they have responded in someway

 

but the statements are not labelled as to there source etc.

your wording needs work so the above is an example of mostly what to write.

[Saj33]

Does this read better?

 

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 14 May 2017, I received a claim form from the county court Business Centre, Northampton, for the amount of £xxxx. The claimant contends that the claim is for the sum of £xxxx 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 xxxxx 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 30th Mar 2017 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].

 

6. On 30 Mar 2017 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 B].

 

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 C] and failed to supply any documents that I requested.

 

9 As per the order dated 11 Sept 2017, the claimant was requested by the courts to provide a copy of the agreement referred to the in particulars of claim, a full breakdown of how the amount claimed has been calculated. Copy statements in support of the breakdown provided (see exhibit D).

 

10 In response to the order, the claimant has provided documentation however the claimant is in default of the order as they are unable to provide a breakdown/original copy statements to how the amount claimed has been calculated.

 

11 The claimant have not been able to clarify by way of an itemised list how the alleged balance was derived and the legality of the charges

 

12 The Claimants pleaded case is that the Defendant entered into an agreement with xxxx under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had a credit card with Vanquis bank in 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.

 

13 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.

[AndyOrch]

Hi Saj33 responding to your PM

 

Has the claimant served their Witness statement yet ?

 

Regards

 

Andy

[Saj33]

Hi Andy,

 

To date i have not recieved the claimants witness statement, i may recieve it tomorrow which is the deadline. I have only had an offer from the solicitors.

[AndyOrch]

And I doubt you will get one...the above is okay and will suffice (most of it was from a statement I had previously drafted)

 

Make sure you file with the court on time....dont send the claimants copy until you receive theirs.

 

Regards

 

Andy

[Saj33]

Hi andy,

 

I have filed my witness statement on time.

 

I received an email today from litigation at bw legal with a copy of the witness statement.

 

I will upload a copy shortly

[AndyOrch]

[Saj33]

Should i submit my witness statement to bw via email?

[dx100uk]

cant see why not

[Saj33]

Hi All,

 

Apoligies for the delay with this, see attached claimants witness statement.

[AndyOrch]

Quite impressive from their usual template witness statement...

 

The Solicitor confirms the exhibit is an application form and not a executed credit agreement.

 

Andy

[jon8214]

Your name is still on your cpr request in their evidence bundle please redact

[dx100uk]

yes that's what I was looking for too.

 

still no original statement either