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Vanquis card Court Claim - lowell solicitors***Claim Dismissed***

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so that inc in their WS exhibits?


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yes all the pages I have posted are in the exhibits, the application(and front letter) statement, the letters and default notice but no agreement

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Well its obvious that it was an online application and that there is no signed agreement.....and what they purport to be the application is no more than a log from either the OPs accounting system or one that been constructed since with details from the account to look like an application.

 

They are relying on a digital signature to force this through court even though there is no valid copy of a executed consumer credit agreement that complies with the CCA1974.

 

You now must draft your witness statement in support of your defence and in response to the claimants counsel desperate attempts to mislead the court in believing they have the necessary paperwork to enforce this agreement...you should have a field day. :-)

 

May be of interest....

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?482889-Lowell-claimform-old-vanquis-card-debt-opps-used-CPR-18-help-theyve-complied!!/page7

 

Andy


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Copy and paste it to a msg box here so we can quote and suggest edits


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CLAIM NO:

IN THE COUNTY COURT AT BEDFORD.

BETWEEN:

CLAIMANT

-AND-

MR

DEFENDANT

-------------------------------------------------------------------------------------------------------------------------------------- WITNESS STATEMENT OF MR

I will say as follows:

INTRODUCTION

1: I Mr am the defendant and state that the facts contained in this statement are true to the best of my knowledge.

2: There are several documents attached with this statement. (paginated)

BACKGROUND

3: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.

4: Whilst it is accepted that the defendant has in the past had business dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.

5: The defendant requested a copy of the CCA on the 10/01/2016 to which the defendant received no reply (page 1)

6: The defendant has received numerous letters from the claimant asking for payment with varying settlement figures leading, this along with the no reply for CCA request led the defendant to doubt the authenticity of the Claimant and the claim.

7: The figure on the Notice of default and the notice of assignment being different adds further doubt to the authenticity of the claim (pages 2 and 3)

8: Legal proceedings were issued on the 31/1/18 to which the defendant issues his defence a copy of which was served on the claimant, but a copy of the defence was never issued to the defendant.

9: The defendant stated in his defence that no evidence of the CCA has been provided nor evidence of the acquisition/purchase of the alleged debt by the claimant.

DEFENCE:

10: The claimant has not provided a true copy of the CCA despite 2 requests being made firstly in 2016 (page 1) and secondly on the 5/6/18 (page 4 and5) in response to letter from Lowell solicitors dated 21/5/18 despite stating `please find enclosed a copy of the agreement`

11: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974

12: The `so called ` copy of agreement stated in letter dated 21/5/18 is in fact stated as an online application and is no more than a log from either the OP`s operating system or one that has been constructed since with details from the account to look like an application.

13: The information provided on letter dated 1/3/18 from vanquis has been sought without the defendant’s approval and as the defendant did not contact vanquis to request application information and as such any information dated 1/3/18 provided by vanquis should not be used as evidence.

IN CONCLUSION:

14: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork

15: It is therefore requested that the Claimants Claim is struck out pursuant to the above.

Signed

Dated this day…….

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Point 8 is gobbledygook


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They dont issue you a copy of your own defence to you ....???? You already have it:-)


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4. should be contractual relationship not business.

 

12. should be OC (original creditor) not OPs


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One of mine stevie...feel free to use anything of use.

 

In the XXXXXXX County Court

 

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

 

BETWEEN:

Claimant

1st Credit Limited

 

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 2014 which was submitted through County Court Bulk Centre and remained stayed for two and half years as the claimant never made a response to the court or myself. I was never informed of the claimants application to lift the stay or given chance to oppose it.

 

In response to the claimants witness statement dated 29th June 2017 I will respond and refer to each paragraph as numbered including any exhibits.

 

1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph. It is my understanding that they 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 and also be in attendance at hearing to give evidence in support of the claimants witness statement.

 

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.

 

Background

 

4. Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Halifax/Bank of Scotland. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity from the claimant. The claimant denies any request in its witness statement that this happened namely that 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 your right to take action

 

The claimant failed to comply and their claim remained stayed as stated for over two and half years. I can only assume as this was due to the claimant not having any of the above mentioned documentation and issuing a claim in hope of an undefended default judgment.

 

5. Paragraph 4 is noted that the claimant states the agreement was issued on or about 1st Feb 2000 and clearly states that they enclose and rely on a reconstituted version of the agreement in support of its claim. Given that thy have had over two and half years to disclose this, the version they rely upon is deficient of the prescribed contents on which a reconstituted version can be relied upon in when providing a copy of an executed agreement in response to a request under section 78(1) of the CC Act1974.A creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) as agreed to. This is to ensure that it is an honest and accurate copy. The copy the claimant wishes to rely upon does not even contain a name or address and is therefore irrelevant.

With regards to enforcement given the fact that the agreement they refer to is pre April 2007 and therefore HHJ Waksmans ruling in Carey and reconstituted versions are not applicable. Section 127.1 will apply as CCA2006 amendments are not retrospective. 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. Paragraphs 5 and 6 are noted but irrelevant given the fact the claimant can’t disclose the agreement and are therefore pointed out to pad and justify the statement.

 

7. Paragraph 7 refers to the default notice which the claimant is unable to disclose and hopes to rely on data provided which refers to a default registered to my credit files of 18th June 2002 and also confirms the account was inactive from April of the same year. The rest of the contents of paragraph 7 are irrelevant to the evidence

 

Therefore the claimant is put to strict proof to disclose a copy of the Default Notice it claim relies upon pursuant to section 87(1) CCA1974( a/b/e). Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement:-(a)to terminate the agreement, or (b)to demand earlier payment of any sum, or(e)to enforce any security.

 

Paragraph 8 is noted but again irrelevant to the evidence apart from determining any argument of limitations.

 

Assignment

 

8. In response to the witness statement paragraph 9,it is denied I was ever served a Notice of Assignment pursuant to section 136 of the Law of Property Act 1925 or FCA,s CONC 6.5.2. Paragraphs 10 and 11 are irrelevant and only provide evidence that the Bank of Scotland acquired Halifax pursuant to HBO Group reorganisation. Which is immaterial to the evidence required in the claimants claim?

 

Therefore the Claimant is put to strict proof to evidence that any Notice of Assignment was ever served.

 

9. Paragraphs 12 is noted but not accepted. I do not recall any communication pre litigation and is averred that the claimant has not complied with any Pre Action Protocol and therefore the conduct of the claimant throughout this claim was not

in the spirit of the Civil Procedure Rules and should be considered with regards to costs.

 

10. Paragraphs 13 and 14 and 15 are already addressed at my point 4.

 

11. Paragraphs 16 and 17 the claimant confirms after two and half years (13/02/17) that they have now complied with requested documentation. The Claimant further states that I was put on notice of their intention to proceed with the claim.

 

Given to what they actually propose as valid disclosures there were no need for me to respond to their notice.

 

I have already addressed the supposed documents in my points raised above and the Claimant is still in default of supplying a valid executed agreement and is therefore prevented from seeking any relief.

 

12. Paragraph 17 is covered above at 5..it is denied it is a true copy. The claimant confirms it’s a reconstituted version and even then it fails to be a true reconstituted version.

 

13. Paragraph 18 is assumption and hearsay and I contend that the claimants witness statement is a true reflection of how to miss lead a court with copy and paste reconstituted agreements, no evidence of breach of service of a Default Notice and circumvents the Credit Consumer Act 1974.The CCA was drafted to protect the consumer and not allow unscrupulous buyers of defunct debt avoid complying with the Act.

 

It is brought to the claimant’s attention that Rankin was a claimant not defendant so is irrelevant to the witness statement or this claim.

 

Conclusion

14. Paragraph 19.None of the issues raised within the claimants defence offers any tangible evidence or reasons as to why the claim was left stayed so long but attempts to hide this fact with very little reference to the reason. The evidence provided by way of exhibits is woefully deficient and invalid and not pursuant to the CCA1974.

 

Until such time the claimant can 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 and witness statement they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

 

It is therefore respectfully requested that the court dismiss this claim and costs requested.

 

Statement of Truth

 

I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.

 

Signed: _________________________ _______

 

Dated: _________________________ ______


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hi, I have noticed all of the letters issued by the claimant attached to the witness statement are missing important information either contact details, payment figures or even headings can I point this out in my defence?

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In your witness statement....yes if its relevant....but are they not just templates.....reconstituted versions?


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I think they are re-constituted but they have provided them with the WS just want as much defence against them as well as the no CCA and default notice figure different from the assignment figure

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There all begging letters apart from the Notice of Assignment and the manually typed up statement which is not from Vanquis so thats irrelevant.

 

Nothing really there to assist their witness statement


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ok is this statement better?;

 

 

 

 

CLAIM NO:

IN THE COUNTY COURT AT BEDFORD.

BETWEEN:

CLAIMANT

-AND-

DEFENDANT

-------------------------------------------------------------------------------------------------------------------------------------- WITNESS STATEMENT OF

I Mr will say as follows:

INTRODUCTION

1: I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.

2: There are several documents attached with this statement. (paginated)

3: 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.

4: 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.

BACKGROUND

5: The Claim relates to an Alleged Credit card agreement between the defendant and Vanquis bank.

6: Whilst it is accepted that the defendant has in the past had contractual dealings with Vanquis, the defendant is unware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.

7: The defendant requested a copy of the CCA on the 10/01/2016 to which the defendant received no reply (page 1) The claimant denies any request in its witness statement that this namely happened.

8: The defendant has received numerous letters from the claimant asking for payment with varying settlement figures leading, this along with the no reply for CCA request led the defendant to doubt the authenticity of the Claimant and the claim.

9: The figure on the Notice of default and the notice of assignment being different adds further doubt to the authenticity of the claim (pages 2 and 3)

10: Legal proceedings were issued on the 31/1/18 to which the defendant issued his defence a copy of which was served on the claimant.

11: The defendant stated in his defence that no evidence of the CCA has been provided nor evidence of the acquisition/purchase of the alleged debt by the claimant.

DEFENCE:

12: The claimant has not provided a true copy of the CCA despite 2 requests being made firstly in 2016 (page 1) and secondly on the 5/6/18 (page 4 and5) in response to letter from Lowell solicitors dated 21/5/18 despite stating `please find enclosed a copy of the agreement`

13: There is no valid copy of an executed consumer credit agreement that complies with the CCA1974

14: The `so called ` copy of agreement stated in claimants letter dated 21/5/18 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application.

15: The information provided on letter dated 1/3/18 from vanquis has been sought without the defendant’s approval and as the defendant did not contact vanquis to request application information and as such any information dated 1/3/18 provided by vanquis should not be used as evidence.

IN CONCLUSION:

16: Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork

17: It is therefore requested that the Claimants Claim is struck out pursuant to the above.

Signed

Dated this day…….

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Getting better :-)

 

You really cant state struck out pursuant to the above...pursuant to a law or CPR or none compliance ?

 

Why not conclude with ....

 

It is therefore respectfully requested that the court dismiss this claim and costs requested.

 

Statement of Truth

 

I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.


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hi want to say thank you very much for your help on this matter, court hearing happened today and case was dismissed and Lowell were given a severe ticking off for the state of there evidence and also false accountancy narrowly avoided being reported!

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how many times have we heard that happening yet being reported? well I wonder if ever - = the dirty trade/business, pay little claim a lot comes to mind.


:mad2::-x:jaw::sad:

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Good news stevie...Thread title amended

 

Please consider a donation to help us keep helping

 

Well done...

 

Regards

 

Andy


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Did you ask for costs?


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