Lowell claimform - old vanquis card debt - opps used CPR 18 - help theyve complied!!

[macker16]

Hi

 

If you agree that i can add it in to strengthen my claim that the default notice has been produced by the Claimant then i have added the following:

 

The Notice of Assignment I have received from Vanquis dated 22 September 2016 is printed on the company’s headed paper and I believe this to be a genuine document. (see exbibit 1f).

 

On the 10 July 2017 the Claimant has sent what they claim to be the Notice of Assignment which is not on any company headed paper and is in a different format, I do not believe this is the genuine document. (see exhibit 1g)

 

I'm not sure if i should add it in to the bit about the default notice or leave it seperate? What do you think?

 

Macker16

[dx100uk]

There's another WON thread here whereby the DN was a blank template too

[macker16]

Hi, I added another bit on as i've been doing some reading on the forum and some posts have talked about the claimant being able to send a reconstituted document if the original has been sent so i thought i would add some extra in so that the judge is clear as to why i am putting it in. I just want to prove that the claimant has produced the Default Notice, and the notice of assignment also being on blank paper helps me do this but not sure if i am wording it correctly.

 

On the 10 July 2017 the Claimant has sent what they claim to be the Notice of Assignment which is not on any company headed paper and is in a different format, I do not believe this is the genuine document. (see exhibit 1g). I have submitted exhibit 1g to support my claim that the default notice that the Claimant has sent (exhibit 1e) is not the original default notice and has been produced by the Claimant.

 

Macker16

[Ganymede]

Me again

 

With regards to signing the WS, do i have to sign the copy of the WS that i am sending the claimant?

 

Many thanks

 

Macker16

 

 

Yes.

 

See CPR PD 22 and 32.

[macker16]

Hi

 

Can anyone give some advice on my last post on whether I should add it to my WS?

 

Many thanks

 

Macker16

[AndyOrch]

Did the original Directions not order the disclosure of all original documents ?

[macker16]

Hi Andy thank you for replying

 

, the order did say original documents and the default notice I have is just on blank paper.

 

When looking through my documents that I've received I noticed that I have two Notice of Assignments, 1 from Vanquis on official headed paper and then the same notice of assignment copied word for word that lowells sent that is on blank paper and in different font and didn't know if I should put that in to prove that the default has been produced by Lowells as has the 2nd copy of the Notice of assignment.

 

Thank you on advance for any advice you can give.

Macker16

[AndyOrch]

Then include it in your statement...they have not complied with the court directions and are passing off templates to mislead the court of their compliance.

[macker16]

Is the wording below ok to put in?

 

On the 10 July 2017 the Claimant has sent what they claim to be the Notice of Assignment which is not on any company headed paper and is in a different format, I do not believe this is the genuine document. (see exhibit 1g). I have submitted exhibit 1g to support my claim that the default notice that the Claimant has sent (exhibit 1e) is not the original default notice and has been produced by the Claimant.

[macker16]

And this paragraph about the genuine notice of assignment.

Edited April 21, 2018 by dx100uk
Quote

[AndyOrch]

Best to just complete your statement in full and repost for checking.....rather than keep posting a paragraph each day for checking.

[macker16]

Hi

 

Witness statement with the added paragraphs in, is this ok?

 

Thank you in advance for checking it over, hoping to have it sent off tomorrow.

 

Macker16

 

I make this Witness Statement in support of my 2 defences dated 13 July 2017 and 20 November 2017 and in response to the claimants claim dated 12 June 2017 which was submitted through the County Court Business Centre.

 

1. It is my understanding the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masses as portfolios at a much reduced cost of the amount claimed….10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditor. The claimant then issues claims en masses with little or not evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

 

2. 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 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.

 

3. Background

 

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

 

On the 4 July 2017 I formally requested via CPR18 and s.78 CCA 1974 (see exhibits 1a/1b)

 

A copy of the original agreement

A statement of account

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 Notice of Assignment showing the claimants legal right to take action

 

Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

4. Disclosures

 

The claimant did not respond to any of my requests made on the 4 July 2017 and has not provided all the documentation that was requested on the court order 4 October 2017. (see exhibits 1c)

 

 

The claimant has failed to provide the original agreement and terms and conditions. The Claimant has only provided a copy of an on screen Digital Signature Application details which cannot be regarded as a copy of the Original Executed Credit Agreement pursuant to section 78 of the CCA1974 or sections 60 and 61 and 61A of the CCA1974 and therefore the claimant is prevented from relying on this disclosure as the basis of a Credit Agreement and is therefore unable to enforce this document as a Credit Agreement pursuant to section 127.1.....

 

( za)section 55(2) (disclosure of information), or

 

(a)section 65(1) (improperly executed agreements)

 

And is also devoid of any Terms and Conditions. (see exhibit 1d))

 

I have received a document claiming to be the ‘default notice’ however it is highly inconsistent in that it is not on headed notepaper, it contains no formal company information e.g company numbers and is not in the same format of other letters sent e.g letter from Vanquis dated 22 September 2016. (see exhibit 1e)

 

The Notice of Assignment I have received from Vanquis dated 22 September 2016 is printed on the company’s headed paper and I believe this to be the original document. (see exbibit 1f).

 

On the 10 July 2017 the Claimant has sent what they claim to be the Notice of Assignment which is not on any company headed paper and is in a different format, I do not believe this is the original document. (see exhibit 1g)

 

5. Conclusion

 

The claimant has failed to comply with my formal requests on the 4 July 2017. The claimant has not provided all the documentation that was requested by the court on the 4 October 2017 and I can only presume that the claimant does not have the legally required original agreement and terms and conditions and has merely tried to obtain an undefended default judgement.

 

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

[macker16]

Hi,

 

I know your all really busy but can somebody have a read of my WS to see if it's ok to send with the 2 additional paragraphs that I've added in about the Notice of assignment and the wording of it.

 

Many thanks for any advice and sorry for keep asking you to keep checking it. Hope to get it sent today.

 

Macker16

Edited April 21, 2018 by dx100uk
Quote

[AndyOrch]

[macker16]

Your happy with the wording because I was concerned that the judge would think I'm putting in my opinion instead of fact?

 

Thank you again Andy for taking the time to respond,once this is over I will be making a donation to this amazing site, how much will depend on the outcome of this case (fingers crossed)

 

Macker16

[AndyOrch]

The main point you want to get across is that the claimant has not complied with the order 4 October 2017 and is circumventing by providing templated responses to mislead the court.

 

Dont forget to add your headers and sign/ date it

[macker16]

By the headers do you mean the bit at the top that says

In the ......... County court

Claim number

Between

Claimant

And

defendant

Then

Witness statement of. .......

 

As that is what I've currently got

 

And I'll ask the same question again as I've had 2 different answers previously on the forum, do I sign the copy of the WS that I am sending to the claimant?

 

Many thanks

 

Macker16

Edited April 21, 2018 by dx100uk
Quote

[AndyOrch]

Yes sign it

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part22/pd_part22#3.1

[macker16]

Hi

 

I've submitted my WS and would have arrived in time but I've received no WS from the claimant, should I of received something by now?

 

Macker16

[dx100uk]

19th

Prob Monday or tuesday

[macker16]

19th

Prob Monday or tuesday

Will wait and see then.

[AndyOrch]

Hi

 

I've submitted my WS and would have arrived in time but I've received no WS from the claimant, should I of received something by now?

 

Macker16

 

All the better for you if they dont.....usually a sign that they are getting ready to discontinue.....have they paid the hearing fee?

[macker16]

Hi just to let you know that I've still not received a copy of the claimants ws so I contacted the courts who confirmed that they received it on the 18 April. I told them I was suppose to also receive a copy 14 days before the hearing but haven't so thet asked me to make my request by email.

 

How is this now fair as the hearing is on Wednesday and I've not had sight of their WS and therefore feel at a bit of a disad vantage here.

 

Anything else I can do?

 

Macker16

[AndyOrch]

At the hearing on Wednesday inform the court that claimant has failed to comply with his directions....and that you have only (if) just received their statement by your actions...which you consider put you at a disadvantage.

 

As per the directions listed in the Notice of Allocation any party that fails to comply risk their claim/defence being struck out.

[macker16]

Thank you for replying. Its unlikely that I'll now receive the document from the court before the hearing.

 

I'll say that to the judge, will update you if I receive ws before the hearing.

 

Thanks again

 

Macker16