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Lowell Claimform - old JDW CAT debt


dodgersmad
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i'm not sure what input the non compliance to PAP makes toward a WS

but you can do all the rest

and andy will help later on that issue.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just another update we received a letter from Lowell, we had not received any other info but was sent a copy of the agreement but no sig on it the letter goes on to say.

 

please find your copy of the credit agreement provided by JD Williams. this is in relation to your previous cca request.

our client is keen to resolve the matter and will consider any payment or settlement proposal you wish to make.

please contact us within 7 days from the date of this letter to clarify your intentions.

should you fail to contact us, we reserve the right to produce this letter at any hearing as evidence that costs of attendance could have been avoided,and should therefore be borne by you regardless of the outcome.

 

1. the agreement has her name on it but not singed and the agreement says on it

(this agreement is regulated bla bla sign it if you want to be legally bound by it)

 

1.can thay use this.

2. can they use this letter above evidence.

3. still not fully complied with the cca request

 

we have until 27/2 to find out if lowell have paid the fee then 27 march for court date, im still working on it, do i ring the court that has been allocated or Northampton bulk center.

 

thanks dodger

Edited by dx100uk
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scan it up to 1 pdf please

read upload

 

yes they can use it but ofcourse its bogroll.

what you have in you have is a vailed begging letter me thinks

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

please can you have a look to see if my witness statement is ok thanks dodger

 

In the xxxxxxx County Court

Claim No.xxxxxxxxxxx

BETWEEN

Lowell Portfolio 1 (Claimant)

 

v

 

Mrs. xxxxxxxxx (Defendant)

Of xxxxxxxxxxx xxxxxx(Address)

 

 

 

WITNESS STATEMENT OF xxxxxxx (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 xxxxxx regulated consumer credit account under reference xxxxxxxxxx between the Defendant and xxxxxxxx ltd

3 It is admitted that I have held a catalogue account a number of years ago which I used to purchase some goods.

 

4 I am unaware of any notice of assignment, nor have I been issued with a default notice pursuant to section 87 (1) CCA 1974.

 

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

 

 

6 7 On the xxx October 2xx, 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. (Evidence xxxx)

 

8 This letter was sent recorded delivery and as such was signed for on xx October 2xx by xxxx

 

9 I also made a CPR 31.14 request to the claimants solicitor on 17th October 2017, which was received on 22nd October 2017signed for by xxx.. (Evidence xxx)

 

 

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

 

10 The claimant and its solicitors have not complied fully with any of my requests and have not sent any related documentation clarifying or proving the alleged debt, and therefore defaulted payments, or service of default notice.

 

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. On the xxxx we received a letter from Lowell Solicitors claiming a copy of the credit agreement by JD Williams (Evidence xx)

 

13. The agreement (Evidence xxx) is an unsigned and as a date stamp that is deferent date to the date stated on the particulars of claim.

 

14 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.

 

15 As per the Civil Procedure Rule 16.5(4) it is expected that the claimant proves the allegation that the money is owed.

 

16 On the alternative, if the claimant is an assignee of the debt it is denied that the claimant has the right to lay a claim due to the contraventions of section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

17 It is therefore contended 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……………………..2018

 

Evidence attached: (xxxand xxx) Proof of postage on xxxxx for CCA/CPR request

(xxx) letter from Lowell solicitors.

(xxx) copy of agreement sent from Lowell solicitors.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have you received the claimant witness statement yet dodgersmad ?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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and so does there.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no not received claimant WS yet or any other docs, but thay have paid the fee court date is the 27 march so my WS has to be in for 13 th march

 

Okay well yours is fine (i recognise a lot of it from statements I have previously drafted):-)

 

Keep an eye on the dates and if they fail to comply and serve theirs then you must inform the court and request sanctions be imposed.....just because they have paid the hearing fee is not a sign that this will not be discontinued.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thanks Andy and Dx, i cant upload the cca thay sent but its the standard cca form jd use but on the form no date and no sing but on the top is a fax or print date for 12 months prier to the date said account opend in the poc, does this make a big difference.

 

if we get no docs by the said date can you give me examples on how i inform the court " Keep an eye on the dates and if they fail to comply and serve theirs then you must inform the court and request sanctions be imposed.....just because they have paid the hearing fee is not a sign that this will not be discontinued."

 

thanks Dodger

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why cant you read upload

 

you mean the std 66220000 stuff I think it is..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

phone camera? digital camera?

read upload!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

" the cca they sent but its the standard cca form jd use but on the form no date and no sing but on the top is a fax or print date for 12 months prier to the date said account opened in the POC, does this make a big difference. "

 

You enterd into the agreement 2008 so basically its a reconstituted version...and legally they have complied with your section 77/78 request.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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scan the whole lot when you get into work

one page at 48Mb !! reduced to 1Mb ...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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does this change things, do i need to alter the WS

 

No.....a reconstituted version must be an exact replica of the original agreement with all your details and details of the agreement at the time it of inception...you have stated the dates are different and therefore its no more than a template with your name and address typed in.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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And your name and address are correct from 2008.....most reconstituted versions fall down on address as they have the current address not the time of inception

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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no good to us if we cant read it!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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