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    • Yes, let us know if they honour the agreement to pay.   Thanks for Donation made and anything further you can make - it helps us keep helping !
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    • Thankyou very much i will be around all day it would be appreciated Below is another attempt :     IN THE COUNTY COURT AT ***************                 CLAIM NO:**********     BETWEEN:   LOWELL PORTFOLIO I LTD CLAIMANT   and   MRS *********************** DEFENDANT   ------------------------------------------------------------------------------------------------------------------------   WITNESS STATEMENT OF ******************   ------------------------------------------------------------------------------------------------------------------------   I, ******************************************* WILL SAY as follows:   I make this Witness Statement in support of my defence in the claim.     INTRODUCTION   1. 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 to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of 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 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 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 financial dealings with Vanquis, the defendant is unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.   5.The defendant made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 on the 27th August 2019 along with the standard fee of £1.00 postal order to which the defendant received a reply dated 6th September 2019 putting their account on hold whilst they tried to gather the information.   6.The defendant received a reply dated 24th October 2019 with no CCA attached other than the documents which enclosed a statement, default notice, notice of assignment from Vanquis to Lowell & a reconstituted copy of an agreement which the claimants have already provided in their witness statement dated 3rd August 2020.   7.On 15th January 2020, I received a claim form from the County Court Business Centre, Northampton, for the amount of £******. The claimant contends that the claim is for the sum of £********* in respect of monies owing under an alleged agreement with the account no ******************* pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimants particulars the claimant states that the account was subject to assignment from Vanquis to Lowell on 24 June 2015 with notice given.   CONCLUSION 8.To date no valid full true copy of the executed credit agreement or the terms and conditions have been disclosed .the claimant has no grounds on which to enforce this alleged debt.   9.The claimant disclosed various screenshots taken from the originators software of the application and also confirms on their covering letter the relative legislation The Electronic Communications Act 2000 with regards to wet signatures and the requirement of a tick box to validate the application. The screenshots are devoid of any tick box or any authenticity of IP address conformation check.   10.Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.   11.For the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out pursuant to the above.   STATEMENT OF TRUTH   I, ************** the defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed: …………………………………………… Print Name: ************* Dated: 4th August 2020
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
FORMISTER

Horizon Parking CCJ

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Yes, it was brought up by dx in the previous thread which I posted above.

But now that the the set aside has definitely occurred, there is very little to lose and at least £1,200 plus some damages to gain. Plus some fun

 


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nope i never mention credit cleansing..

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Sorry my mistake in that case. However somebody did


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Just to confirm the current issue is that even though it has been set aside the CCJ had not been removed and the advice from the court woman was to apply for a dismissal, which is ridiculous as the set aside states no registration of the CCJ.

 

Bankfodder, I understand what you mean now, not sure of the process and grounds but I will ask her and see if she is interested.


My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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I will have to look at it but the basis of your claim would be that they abused process by effectively selling you a set aside. This has to be contrary to the interests of justice and I could imagine that a judge would be extremely angry about it. It's clearly an abuse. 

as I said, I will have to look more at it but in principle I would be claiming your money back and also a discretionary sum.

Also I would be looking at recovering litigant in person costs giving the exceptional circumstances of the abuse and I think that these are currently about £18 an hour. There could be an easy 10 hours or 15 hours involved


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By the way, I think that whatever your friend decides, we would like to see the claim form here in scanned PDF format.

A claim for £1,200 is just simply remarkable and we would like to see how they managed to arrive at that figure.

Frankly I think that you have been thoroughly ripped off

 


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Hi Bankfodder, I have asked her, will see what she comes back with 


My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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Bankfodder, yes she would be interested in it, they have gone away for the week though, so next weekend hopefully she will find the original POC

  • Thanks 1

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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To be honest, it would be much better if your friend would come here and deal with the case herself, rather than you having to go off and get info. from her which takes time and just complicates everything.

 

It would also have been better if she'd come here during her negotiation with Horizon.  As BF says, she's been royally ripped off.

 

I've never seen a lost court case for a parking invoice end up with more than a £300 bill.  £1200 is just madness!

 

We had a case recently of someone who was conned by the PPC into paying them money on the promise of a set aside.  The set aside never happened.  Now, this case might be very different as we've only had snippets of info., but on the other hand ... 

 

 


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Agree FTMDave, £1200 seems steep, its also over the magic £600, did we get the POC and what the alleged Parking incident(s) was?


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 OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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The OP mentions upthread that it was for a Tesco overstay.

 

No we haven't seen the POC or how on earth £1200 was paid.  The OP is doing his best but the info. comes in spoonfuls as he's doing this for another person. 


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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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And garbled by indirect passing on to the thread possibly.  If we could see more about the original claim it would be helpful, as it then gives a direction to follow.


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 OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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