claim form lowell-cat debt

[dx100uk]

ill redact it shall I??

[letsgetitsorted]

Just Redacted it DX, many thanks for the heads up, how does it look from what you have seen.

 

wit_stat_edited.pdf

[dx100uk]

id already done it.

 

dx

[letsgetitsorted]

Lol, thank you DX muchly appreciated, me is just working on witness statement now. needs to be at court by 4pm on 10th 

cheers 

lets

[letsgetitsorted]

hi All

Here is my Witness statement any comments and sugestions are invited. thank you .

this will be hand delivered to the court by 4pm monday as requested

Quote

Background

 

 

1.       I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

 

2.       It is my understanding the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought in 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 on masses with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged 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 debt (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.

 

4.       On 21 November 2018 I received a letter headed Notice of Pending Legal Action (marked as Exhibit 1),This letter from Cohern Cramer Solicitors, not only contained errors it also failed to comply with the any notice or letter of claim, for example the letter contains this line of text, “You are required to make payment of £debter_balance within the next 30 days” the 30 days needs to be a complete 30 days notice as per the pre action protocals.

 

5.       On receipt of the claim form received from Northampton County Court, I wrote to Cohern Cramer, a copy of that letter dated 11^th January 2019 included and is marked as exhibit 2, requesting, copies of the original documents, these were

            A copy of the original agreement

            A copy of the Default Notice/termination notice

            A copy of the Notice of Assignment showing the claimants legal right to take action

            A statement of account

      

       5a. To date no Default Notice has been produced as well as a Termination Notice, and the Notice of Assignment is a reconstructed version of an original. No original has ever been received.

 

     5b. Cohern Cramer in their response to my request said in their letter, that their client Lowell Portfolio will produce these on or before the disclosure stage as directed. A copy of that letter is enclosed and is marked as exhibit 3, these documents need to be in the possession of the person who issues the claim at the time the claim is issued.

 

     5c.  Following my request for information from the Claimants Solicitor Cohern Cramer, the response received was a buddle of documents, and in amongst this buddle is a pack entitled, Right to Bring Claim Bundle, this bundle is attached and is marked as exhibit 3, this bundle pack consists of the following, a page that is headed how to pay, 5 pages of an unsigned credit agreement, a sheet showing transaction history and a screen shot from a system communication type screen. No default notice, no termination notice and no notice of assignment. The right to claim bundle fails to contain all of the information required to bring a claim to court.

 

 

 

 

 

 

The Claimants Witness Statement

 

6.       On Monday 3^rd June I received the Claimants Solicitors Court Bundle and Witness Statement.

 

7.       I Note by the attached letter that came with the Witness statement an Inconsistency, this being, “in accordance with the Directions of District Judge Collins dated 7^th May 2019, please find enclosed a copy of the Claimants witness statement upon which they intend to rely at the final hearing, which today we have filed with the court. A copy of this letter is marked as exhibit

 

       7a How can the Witness statement which has been prepared by Paul Farquharson, of Lowell               Solicitors be from their Client when it is actually from the solicitors themselves and signed as such

 

8.       Paragraph 6 says a default notice has been sent, my questions are, can the Claimant be 100% sure one was sent by the assignor and in fact been received by myself, I know I have never received one, Can the claimant be sure the Default notice was a valid Default Notice and that it did comply with Schedule 2 The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, a copy of this schedule is marked as exhibit 5 and is included.

 

Conclusion

 

9.       This Claim bought by the Claimants is without merit and is just a way of abusing the court process.

10.   The Claimant holds no valid documentation that can substantiate their Claim. This being,

           No Termination Notice

           No Default Notice

           A Reconstituted notice of Assignment

11.   The Claim also consists of invalid charges on the alleged account.

 

[letsgetitsorted]

Well thanks to para 23 in the t & C`s, I lost.

 

the judge was ok for the DN and the TN but the solicitor for lowell said about point 23 and the judge allowed the claim 

 

 

[dx100uk]

did we ever get to see that here?

 

dx

 

[letsgetitsorted]

sure it was posted up DX with the edited bumff

 

cheers 

Lets

[AndyOrch]

What was para 23 in the t & C`s