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Lowell claimform - 3 sep CAT debts ***Claim Discontinued***


disneygirl
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so witness statement time by the date they state.

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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Hi

many thanks for the reminder dx ( late night for you then )

after a lot of revision today slightly confused

do I address the claims individually - Claim xxxx - Claim xxxx etc as in defence statement OR do I address the entirety by the case number?

many thanks

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On 29/04/2021 at 19:28, dx100uk said:

yes n244, though you can object and quite pers i would as the debts are now statute barred so the claimant issue the org claim on dd/mm/yyy solely to halt the SB clock and that is an abuse of the courts.

 

see what @andyorch thinks while i go check things

its a ws in support of your defence not a defence.

however i would go back in the thread and read from the date of my above post.

and also await their ws if you can as to date they've suppkied no paperwork whatsoever?

dx

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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collecting here all paperwork to date

 

does each one have the correct address for the time of take out and are any of them signed by YOU in the sig boxes or are there just typed name?

 

 

Letters_from_Lowell_22-11-2019_merged.pdf Studio card express gifts CCA return Lowells.pdf Crazy Clearance CCA return Lowells.pdf Fashion world CCA return Lowells.pdf

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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Hi dx

paperwork does have the correct address

all information on paperwork is typed - name address etc

NO signature anywhere

also no dn supplied for any of them

as shown on page 2 "Letters_from_Lowell_22-11-2019_merged" they have requested but so far not supplied to me.

thanks

added question

does it make a difference that they changed sols to Overdales May 2021??

Edited by disneygirl
new question
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Hi

ref post #176 posted doc, I notice that no date is shown for hearing fee to be paid by? Is this usual for a phone hearing, given current circumstances?

Working through lots of success and other posts re witness statements, not easy, "one size does not fit all", will hopefully post tomorrow Sunday.

Thanks

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Hi

After some research I think I have the answer to post #183:

"The Civil Proceedings Fees Order 2008

You are here:

UK Statutory Instruments 2008 No. 1053 (L. 5) SCHEDULE 1

2.1 On the court fixing a trial date or trial period for a case allocated to:

(c) the small claims track where the sum claimed: ££££££

Where notice of trial date or trial period is given by the court 36 days or more before the trial date or the Monday of the first week of the notified trial period, fee 2.1 is payable at least 28 days prior to the trial date or the Monday of the first week of the notified trial period."

If the above is correct looking for fee payment to be made latest by 01-01-2022?

Please advise if I am wrong

Thanks

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On 22/11/2021 at 07:29, disneygirl said:

does it make a difference that they changed sols to Overdales May 2021??

no just a rename..

 

unsure of the fee thing 

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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Hi dx

From reading various posts by Andyorch I was under the impression that the following applied:

"They will be required to pay a hearing fee by the date stated...and both parties will have to draft and prepare a witness statement...and of course all documents that you/they will rely on (this is the evidence) will have to be disclosed to each other and the court..."

My query is that there is no date shown re payment of hearing fee, so how can a defendant know if it has been paid or not?

Thanks as always for help

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only way is to ring the court and ask..

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

  • 2 weeks later...

Hi I have spent a lot of time reviewing posts and the following is the Witness Statement I have come up with. Please tear it apart and tell me where I am wrong.

 

IN THE Northampton County Court

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

 

BETWEEN:

Claimant

Lowell Portfolio Ltd

 

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 in this claim.

 

1.) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.

 

As an assignee or creditor as defined in section 189 of the Consumer Credit Agreement 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 Consumer Credit Agreement 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 Consumer Credit Agreement cannot be circumvented by assigning the debt to a third party.

 

2.) On or around the 11th July 2019, I received a claims form from the County Court Business Centre, Northampton, for the amount of £3183.23. The claimant contends that the claim is for the sum of £3183.23 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX

and in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX and in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA).

 

3.)The Claimants pleaded case is that the Defendant entered into an agreement with JD Williams under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with JD Williams in the past however I have no recollection of the alleged account number the claimant refers to.

 

3a.)The Claimants pleaded case is that the Defendant entered into an agreement with JD Williams under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with JD Williams in the past however I have no recollection of the alleged account number the claimant refers to.

 

3b.)The Claimants pleaded case is that the Defendant entered into an agreement with Express Gifts under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with Express Gifts in the past however I have no recollection of the alleged account number the claimant refers to.

 

3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to fail to evidence a default notice in their exhibits which they confirm they do not have.

 

It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) 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.

 

Given that Lowell are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement.

 

4.) On or about the 22nd July 2019 I made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].

 

5.) On or about the 22nd July 2019 I 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 [EXHIBIT B].

 

5a.) Please note on 1st August 2019 [EXHIBIT RP1] I received a single page letter from Lowell sols stating in paragraph 2 “We acknowledge your request for documents and confirm we have notified our client, Lowell Portfolio 1 Ltd of this request.”

 

5b.) An acknowledgement was received dated 20th November 2019 [EXHIBIT RP2]. Stated on page 1 in paragraph 3 is “You were given the opportunity to request documentation in support of our Clients Claim; however, there is no record of you making any such request for documents.”

 

5c.) Please note on page 2 paragraph 5 headed “Current Position” – “We note you filed a Defence in response to our Clients Claim. However due to an error in relation to our reporting systems the Claim has subsequently been stayed as we did not notify the Court of our Clients intentions in response to your Defence.”

 

6.). On the 22nd July 2019 I made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.

A response was received dated 22nd November 2019, [EXHIBIT RP3] enclosing a) a reconstituted copy of the agreement x3, b) a copy of the letter of claim x3 dated 02-04-2015 and 03-04-2015 and 27-10-2015, d) a copy of the alleged notice of assignment x3 (printed on plain paper) and an alleged JD Williams group statement x2, and an alleged Express Gifts statement.

 

No Default Notice for any of the alleged agreements has been provided to date.

 

7.) On or about the 23/07/2019 concerned about a J D Williams account shown on my Equifax credit file I discovered the following as shown in [EXHIBIT C]

That a person or persons unknown at my old address were using a variation of my surname but a completely different date of birth for an account at J D Williams, Account Start Date 28/03/2014 – Account End Date 20/04/2019.

I phoned J D Williams on 23/07/2019 (0345 026900) at 18.02hrs I explained to the person I spoke to that I was trying to find out details of any old accounts I may or may not have held in my name “xxxxxxxxxx” at my current address since 2010 or my old address xxxxxx from 1995 until 2010.

I also asked about the Equifax entry as indicated above.

The person I spoke to at J D Williams listed a lot of the items that were purchased on both accounts, and except for shoes none were near my size, her recommendation is for me to ring Lowell and dispute both accounts (even though claim form issued) and both accounts should be returned to J D Williams as being in dispute as a possible fraud investigation.

 

8.) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim is based and relies upon.

Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

 

 

Statement of Truth

 

I believe that 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: _________________________ _______

 

Dated: _________________________ _______

 

Many thanks as always for the expert help / advice.

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I like that

 

DX

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

adjusted numbering witness statement ty Dave

 

IN THE Northampton County Court

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

 

BETWEEN:

Claimant

Lowell Portfolio Ltd

 

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 in this claim.

 

1.) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.

 

As an assignee or creditor as defined in section 189 of the Consumer Credit Agreement 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 Consumer Credit Agreement 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 Consumer Credit Agreement cannot be circumvented by assigning the debt to a third party.

 

2.) On or around the 11th July 2019, I received a claims form from the County Court Business Centre, Northampton, for the amount of £3183.23. The claimant contends that the claim is for the sum of £3183.23 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX

and in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX and in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA).

 

3.)The Claimants pleaded case is that the Defendant entered into an agreement with JD Williams under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with JD Williams in the past however I have no recollection of the alleged account number the claimant refers to.

 

3a.)The Claimants pleaded case is that the Defendant entered into an agreement with JD Williams under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with JD Williams in the past however I have no recollection of the alleged account number the claimant refers to.

 

3b.)The Claimants pleaded case is that the Defendant entered into an agreement with Express Gifts under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with Express Gifts in the past however I have no recollection of the alleged account number the claimant refers to.

 

4.) Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to fail to evidence a default notice in their exhibits which they confirm they do not have.

 

It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) 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.

 

Given that Lowell are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement.

 

5.) On or about the 22nd July 2019 I made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].

 

6.) On or about the 22nd July 2019 I 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 [EXHIBIT B].

 

6a.) Please note on 1st August 2019 [EXHIBIT RP1] I received a single page letter from Lowell sols stating in paragraph 2 “We acknowledge your request for documents and confirm we have notified our client, Lowell Portfolio 1 Ltd of this request.”

 

6b.) An acknowledgement was received dated 20th November 2019 [EXHIBIT RP2]. Stated on page 1 in paragraph 3 is “You were given the opportunity to request documentation in support of our Clients Claim; however, there is no record of you making any such request for documents.”

 

6c.) Please note on page 2 paragraph 5 headed “Current Position” – “We note you filed a Defence in response to our Clients Claim. However due to an error in relation to our reporting systems the Claim has subsequently been stayed as we did not notify the Court of our Clients intentions in response to your Defence.”

 

7.). On the 22nd July 2019 I made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.

A response was received dated 22nd November 2019, [EXHIBIT RP3] enclosing a) a reconstituted copy of the agreement x3, b) a copy of the letter of claim x3 dated 02-04-2015 and 03-04-2015 and 27-10-2015, d) a copy of the alleged notice of assignment x3 (printed on plain paper) and an alleged JD Williams group statement x2, and an alleged Express Gifts statement.

No Default Notice for any of the alleged agreements has been provided to date.

 

8.) On or about the 23/07/2019 concerned about a J D Williams account shown on my Equifax credit file I discovered the following as shown in [EXHIBIT C]

That a person or persons unknown at my old address were using a variation of my surname but a completely different date of birth for an account at J D Williams, Account Start Date 28/03/2014 – Account End Date 20/04/2019.

I phoned J D Williams on 23/07/2019 (0345 026900) at 18.02hrs I explained to the person I spoke to that I was trying to find out details of any old accounts I may or may not have held in my name “xxxxxxxxxx” at my current address since 2010 or my old address xxxxxx from 1995 until 2010.

I also asked about the Equifax entry as indicated above.

The person I spoke to at J D Williams listed a lot of the items that were purchased on both accounts, and except for shoes none were near my size, her recommendation is for me to ring Lowell and dispute both accounts (even though claim form issued) and both accounts should be returned to J D Williams as being in dispute as a possible fraud investigation.

 

9.) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim is based and relies upon.

Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

 

 

Statement of Truth

 

I believe that 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: _________________________ _______

 

Dated: _________________________ _______

 

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You won

 

Told ya several times

 

2nd one today

 

Gameover!!

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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 Lowell's really do not like my statements....:wink:..well done...title updated.

 

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 OTHERS

 

 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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  • Andyorch changed the title to Lowell claimform - 3 sep CAT debts ***Claim Discontinued***

thank you for the praise

but the praise is not mine

it belongs in total to dx100uk and Andyorch in particular.

if you had not pointed me in the right direction and pushed (dx) I would have thrown the towel in months ago

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