Lowell Claimform - two old old cat Debts

[micheybabes]

Rang court and they've paid the hearing fee

[dx100uk]

doesn't really mean anything other than an office junior has clicked a box as they will have A/c with them.

 

dx

 

[micheybabes]

You always make me feel better Dx thanks! 

Been looking at Ws's will have one ready by end of the week 

Thanks

[micheybabes]

Received a big envelope of bumpf from the lovely Lowell's today today. Only from one of my 'accounts' the smaller one.

 

Had a copy of assignment letter, a statement and an unsigned copy of credit agreement (signed by them, not me)

and paperwork for Tomlin order for the full outstanding amount. 

 

Was halfway through sorting my witness statement

[dx100uk]

std practice for lowells, begging please give us something.

if you go read any recent Lowell claimform threads.

 

dx

 

 

 

[micheybabes]

Interestingly it says on the cover letter that a default notice is included - can't see one. 

I was half expecting them to do this due to reading similar threads. 

Feeling rather about it all now 

[AndyOrch]

Can you scan redact and upload a copy of the agreement ?

[micheybabes]

Also noticed that the account number on the agreement is not the same as the account number lowell provided on the claim form

[dx100uk]

all the pages and pdf only please read upload

dx

[micheybabes]

 

 

 

 

 

 

 

Hope I've done them all OK, sorry I'm not very tech savvy!!!!

docs1.pdf

[AndyOrch]

Name still showing on NOA 1 and they do state that they have not included the default notices. The agreement is a reconstituted version ......but it looks short of the required prescribes that must be included on a reconstituted version....signatures are not required...but account number s and addresses at the the time of inception, not your current address if you have moved since.

[dx100uk]

document redacted and PDF put back up as one file!!

 

 

[micheybabes]

Thanks for looking at them for me Andy,

 

I'd already started putting together my WS and this  has thrown me

 

even tho I was expecting an envelope from them.

 

Why wouldn't they send copies of DN?

Will they pull out of the bag at the final hour? 

 

Thanks for tidying up for me Dx, appreciate it 

[dx100uk]

no they can't do that.

 

dx

 

[micheybabes]

OK.... Thanks! 

Will get my WS together over the weekend. Needs to be with court by 27th Feb 

[AndyOrch]

Creditors are not required to retain copies of a default notice......they are required to evidence that one was served though.

[micheybabes]

So the information they provided on cover letter stating dates etc would not be enough? 

[AndyOrch]

Cover letters are irrelevant with regards to court claim evidence..and inadmissible as evidence.

[micheybabes]

Thanks Andy

So having looked thru the small statement they provided lots of £12 charges added on from Jan 2018 adding at least £200 to the smaller balance of £593.75

[micheybabes]

Here is my first attempt at my witness statement, it really is harder that it likes isn't it

 

 

 

In the xxxxxxxxCounty Court

 

Claim No.....

 

BETWEEN

 

Lowell Portfolio 1 Ltd (Claimant)

 

Of Enterprise House

 

1 Apex View

 

LS11 9BH

 

-and-

 

Mrsxxxxxxxxxcxxxxxxxx(Defendant)

 

Ofxxxxxxxxxxxxxxxxxxxxaddress

 

--------------------------------------------------------

 

WITNESS STATEMENT OF Mrs xxxxxxxxxx(Defendant)

 

---------------------------------------------------------

 

1. I make this statement in support of my defence to the claim above and include relevant evidence and exhibits.

 

2. This claim is for a Home Shopping agreement regulated by the consumer credit Act 1974 between the Defendant and JD Williams & Company Ltd. Whilst I have had dealings with the original creditors in the past, I do not recognise any of the account details as I no longer have records of them.

 

3. I recall or may have had catalogue accounts a number of years ago to purchase some items on interest free credit.

 

 

4. I am unaware of any outstanding balances nor do I recall been chased by the original creditors nor ever been issued with a default notice pursuant to the CCA 1974.

 

5. I therefore cannot recall the details with any clarity nor make any admittance to any alleged debt.

 

6. On the 20/08/2019, in response to particulars of claim served upon me,I enquired for more clarity by way of a CCA request (exhibit a) from the claimant and CPR 31.14 request (exhibit b) on the claimants solicitor for informations including ;. I) True copy of the agreement, II) The assignment, III) The default notice, IV) The termination and, V)statement of account. 

 

7. On or around the 22/08/2019 I received a confirmation receipt from the claimant stating that they had received my CCA and CPR request and that they had requested the relevant documentation from the original creditor. 

 

 

8. On 19/02/2020 I received a response from the claimant by way of an online agreement, along with a very vague statement of account, an assignment letter and paperwork for Tomlin order which were not served with the particulars of claim at the onset. The documentation was for only one of the accounts 

(exhibit c cover letter) 

(exhibit d assignment letter - 2 pages) 

(exhibit e credit agreement 2 pages) 

(exhibit f statement 2 pages) 

(exhibit g Tomlin order paperwork 2 pages) 

 

 

8. The claimant and its solicitors have not been able to satisfactorily comply to my CCA and CPR request in pursuant to s 78 of the Consumer Credit Act 1974. The claimant have not been able to prove any breach of defaulted payments nor have they provided a copy of any Default Notice. 

 

9. The claimant have not been able to clarify by way of an itemised list of how the alleged outstanding balance was derived and the legality of the charges applied to the said balance.

 

 

 

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

 

 

 

Xxxxxxxxxxx signature

 

Xxxxxxxxxxxx Date

 

[micheybabes]

Just noticed I've got 2 number 8's will amend later

[micheybabes]

Hi guys sorry to be a pain would rely appreciate someone having a look over this so that I can get it sent off to court tomorrow 

 

Thanks so much 

[AndyOrch]

Change the following......and merge 3/4/5

 

3. I recall or may have had catalogue accounts a number of years ago to purchase some items on interest free credit.

 

3. I have held numerous accounts with various catalogue companies in the past  I am unaware of any outstanding balances nor do I recall been contacted by the original creditors nor ever been issued with a default notice pursuant to the CCA 1974. I therefore cannot recall the details with any clarity nor make any admittance to any alleged debt.

[micheybabes]

In the xxxxxxxxCounty Court

 

Claim No.....

 

BETWEEN

 

Lowell Portfolio 1 Ltd (Claimant)

 

Of Enterprise House

 

1 Apex View

 

LS11 9BH

 

-and-

 

Mrsxxxxxxxxxcxxxxxxxx(Defendant)

 

Ofxxxxxxxxxxxxxxxxxxxxaddress

 

--------------------------------------------------------

 

WITNESS STATEMENT OF Mrs xxxxxxxxxx(Defendant)

 

---------------------------------------------------------

 

1. I make this statement in support of my defence to the claim above and include relevant evidence and exhibits.

 

2. This claim is for a Home Shopping agreement regulated by the consumer credit Act 1974 between the Defendant and JD Williams & Company Ltd. Whilst I have had dealings with the original creditors in the past, I do not recognise any of the account details as I no longer have records of them.

 

3. I recall or may have had catalogue accounts a number of years ago to purchase some items on interest free credit.

I have held numerous accounts with various catalogue companies in the past I am unaware of any outstanding balances nor do I recall been contacted by the original creditors nor ever been issued with a default notice pursuant to the CCA 1974. I therefore cannot recall the details with any clarity nor make any admittance to any alleged debt.

 

4. On the 20/08/2019, in response to particulars of claim served upon me,I enquired for more clarity by way of a CCA request (exhibit a) from the claimant and CPR 31.14 request (exhibit b) on the claimants solicitor for informations including ;. I) True copy of the agreement, II) The assignment, III) The default notice, IV) The termination and, V)statement of account. 

 

5. On or around the 22/08/2019 I received a confirmation receipt from the claimant stating that they had received my CCA and CPR request and that they had requested the relevant documentation from the original creditor. 

 

 

6. On 19/02/2020 I received a response from the claimant by way of an online agreement, along with a very vague statement of account, an assignment letter and paperwork for Tomlin order which were not served with the particulars of claim at the onset. 

The documentation was for only one of the accounts 

(exhibit c cover letter) 

(exhibit d assignment letter - 2 pages) 

(exhibit e credit agreement 2 pages) 

(exhibit f statement 2 pages) 

(exhibit g Tomlin order paperwork 2 pages) 

 

 

8. The claimant and its solicitors have not been able to satisfactorily comply to my CCA and CPR request in pursuant to s 78 of the Consumer Credit Act 1974. The claimant have not been able to prove any breach of defaulted payments nor have they provided a copy of any Default Notice. 

 

9. The claimant have not been able to clarify by way of an itemised list of how the alleged outstanding balance was derived and the legality of the charges applied to the said balance.

 

 

 

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

 

 

 

Xxxxxxxxxxx signature

 

Xxxxxxxxxxxx Date

 

Thanks for looking at it Andy, appreciate it more than you know. 

I'm really struggling to hold my nerve now, I know you say dentists are scarier than court but I'm really hoping it doesn't come to that. 

Just to confirm, all I need to send with my WS i are any exhibits that I've attached? Nothing else 

 

Thanks

 

[AndyOrch]

Change to......

 

3. I have held numerous accounts with various catalogue companies in the past