Lowell Claim form - Old Provident Doorstep Loan

[AndyOrch]

No...save it for your witness statement

[dave466]

No...save it for your witness statement

 

No problem thanks Andy.

[dave466]

Yesterday she has received notice of allocation.

Witness statements due by 4pm 12th December.

[dave466]

So I have not received any witnesses statement from Lowell and they are due on tuesday by 4pm.

 

Will this witness statement from myself suffice.

 

Claim No. ***********

 

BETWEEN:

Claimant

 

 

AND

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 dated xxxxxxxx and in response to the claimants claim dated xx xxxxx 2017 which was submitted through*county court*bulk centre.

 

1. It is my understanding that the claimant must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

 

2. It is my understanding that the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. The claimant then issues on mass claims to circumvent and claim the full amount of debt to maximise profit.

 

3. 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.

 

4.Background

 

Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and provident. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant.*

 

I requested:-

 

A copy of the original agreement

A copy of the terms and conditions as applicable at the time of the agreement

A copy of the Default Notice/ termination notice

A copy of the legal deed/notice of assignment showing the claimants legal right to take action

 

5.Disclosures

 

The claimant has since complied and disclosed various documents however unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.

With regards to enforcement given the fact that the claimant cannot disclose an agreement and simply relies on a set of reconstituted terms and conditions ,HHJ Waksmans ruling in Carey and reconstituted versions are not applicable. Section 127.1 will apply and Section 65(1) CCA 1974 clearly states an improperly executed agreement can only be enforced by court order. S127(3) states the restrictions on enforcement. Therefore the agreement relied upon is improperly executed as it is not in the prescribed form.

 

6.Conclusion

 

Therefore the claimant cannot comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) 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: _________________________ ______

[dave466]

Any help on the above guys?

Much appreciated.

[AndyOrch]

[dave466]

 

Thanks Andy. Ws hand delivered to the court and ws sent 1st class recorded to Lowell.

[AndyOrch]

Now see if they reciprocate..if not they are getting ready to discontinue.

[dave466]

I will keep you posted mate. Thank you.

[dave466]

I have today received this from them. Their ws.

12_12_2017 15_00 Office Lens (1).pdf

[dx100uk]

their usual rubbish about no default notice required as the loan was not under the consumer credit act.

[jon8214]

Yeah Dx even though it states at the top of the agreement it is provided under the CCA

[dx100uk]

[dave466]

Forgive my ignorance but what does this mean and what happens next?

[dave466]

Yesterday we received a letter from the court saying that the hearing will take place on 16th Feb at 10am

[dave466]

 

Hi mate. So what exactly is going to be my stance on this when at court?

Is it just that they have not gave me a full executed copy of the cca with t and c's?

Regards.

[jon8214]

Have you got your court date as yet?

 

Just noticed it above, sorry

[jon8214]

I would say you state the bit about having no default notice, bringing to the judges attention that the agreement is covered by the CCA as noted at the top of it

 

and also the incomplete CCA

 

Id wait for DX to see what else he advises

[dave466]

Yes I will do thankyou

[dave466]

 

I have just rang the court to see of payment has been made and she said there is nothing on the system to say it has.

 

I need to call back tomorrow as the lady I need to speak to is not in today.

 

If they have missed the payment date of 14 days before which is stated in my letter what will happen next?

[dx100uk]

it wont go ahead

but they often pay late

 

lowells typically backout at the last minute with these doorstep loan claims

or just simply hope they get a judge that can be bamboozled

good job your WS is nice and tight to counter that

[dave466]

Thanks dx I appreciate your input.

I will post back tomorrow evening once o ring and speak to the correct person at the court.

[dx100uk]

it could be a rare one whereby they don't want to waste the money because they know they are going to lose mind..

[dave466]

it could be a rare one whereby they don't want to waste the money because they know they are going to lose mind..

 

I have spoken to the court again and once again they said that they had not paid the fee. I was then put on hold and then when they came back they said that the fee has actually been PAID.

[dave466]

Its court date tomorrow morning.

My main points are not a full and excited copy of the cca and also them saying no default notice required (due to passage of time) not regulated by cca although it states on the top of the part agreement they have supplied?

Many thanks.