Lowell Claimform - Shop Direct cat debt ***Claim Dismissed***

[dx100uk]

 

dont forget the enhanced google search box on cag page

lowell claimform cat default screenshot

 

[AndyOrch]

2 hours ago, johnbomo said:

Are there any resources to help getting a witness statement prepared? I've searched through a lot of topics, but can't quite work out exactly what needs to be added into it. Any help would be appreciated. 

 

 

Very little Im afraid as a witness statement is your statement in your own words particularising your initial defence. There are numerous examples as to the layout and style and requirements.

 

Here is a user at the same stage and just finalising his statement.

 

Andy

[johnbomo]

How does this look? I have 6 exhibits that show my attempts to get the information from the Claimant, but I'm sure if it's required. Shall I upload them?

 

IN THE ***** County Court

Claim No. ******

BETWEEN:

Claimant

Lowell Portfolio Ltd

AND

Defendant

Mr ******

---

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 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.

 

2.) On 07/11/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £1083.13. The claimant contends that the claim is for the sum of £1083.13 in respect of monies owing under an alleged agreement with the account no. ******* pursuant to The Consumer Credit Act 1974 (CCA).

 

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

 

4.) On the 23^rd November 2018 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. An acknowledgement was received dated 27/11/2018 with copies of some of the requested alledged documents, a request for 45 days to obtain the remaining document and the £1 postal order was returned. [EXHIBIT 1a, 1b, & 1c].

 

5.) On the 12^th November 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 18^th November 2019 that the documents will be disclosed when directed by the court. The Claimant sent a response 24^th March 2020 which enclosed a reconstituted copy of the agreement, screenshot of the default notice and notice of assignment. [EXHIBIT 2, 3 & 4].

 

6.) 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. In their various responses to the requests detailed above the claimant has produced what they describe as a ‘screenshot’ of the default notice, which is unrecognisable as such. 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.

 

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

 

Signed: _________________________ _______

 

Dated: _________________________ _______

 

[AndyOrch]

Fine...simply attach the exhibits you refer to within the statement as at points 4 & 5.

 

 

 

Andy

[johnbomo]

Lowell-case is their WS and Exhibit 3&4 attached. 

 

4 came out a little odd, but does have everything required in it. 

 

Let me know if I need to make changes or if there is something I can be stronger on. 

 

I think my brain melted after the 3rd hour of writing and compiling. 

lowell-case-redacted-shrink.pdf Exhibit-3-Redacted.pdf Exhibit-4-redacted.pdf

[AndyOrch]

All very tidy and neat...looks like they are sharpening their act up...shame about the default screen shot.....the most important document required to enforce... that they cant disclose.....

[johnbomo]

Has this got the thumbs up?

 

When should I email this in? Immediately or very close to the cut off? The cutoff is June 2nd

 

 

[shamrocker]

johnbomo - how do you rate your chances with this, in view of the evidence put forward by the claimant?

Edited May 21, 2020 by shamrocker

[johnbomo]

13 minutes ago, shamrocker said:

johnbomo - how do you rate your chances with this, in view of the evidence put forward by the claimant?

70/30 in favour of me after reading the threads on the forum. They haven't provided a valid default, so the debt should be unenforceable. I'll update once I know the outcome. 

[shamrocker]

Have you read any other forum threads where the claimant disclosed the same type of screenshot and it was not deemed sufficient by the judge?

[johnbomo]

If my memory serves I've seen 3 or so. There is one linked in this thread that had almost identical evidence that lost in court. 

[AndyOrch]

Screenshots are not admissible evidence...they can be created to match.....rarely from the original creditors software but from the DCA/Sols...thats why the courts insist on original documents only...not screen shots

[shamrocker]

 

5 minutes ago, johnbomo said:

If my memory serves I've seen 3 or so. There is one linked in this thread that had almost identical evidence that lost in court. 

 

Ok, as long as you've satisfied yourself that how you're angling it puts you on a firm footing. A lot of people read stuff but often don't understand how to use it. Good luck!

 

[dx100uk]

go back and read from post 1...

 

where these shop direct system default screen shot have come up...

i think we are about 7-1 in our favour regarding issued court cases.

and the lost one was judge lottery imho...

 

if you look at lowells and shop direct debts in the mail order forum.

there are numerous that have sat at the CCa returned stage but without a default notice for years.

 

 

[johnbomo]

Just to ask again as I think my question was missed. Should I send my ws or wait a few more days? It's suppose to be there by 2/06/20.

[AndyOrch]

Post the courts copy now.....post the claimants sols copy when your nearer to the 2nd June

[johnbomo]

Received the Judge's judgement today. 

 

The case has been dismissed. 

 

I'm over moon. I'll post the letter tomorrow and get a donation made. 

 

 

A, far too small, donation has been made, but I really have appreciated the helped received here. 

[AndyOrch]

 Topic tile amended......could you expand on the judgment why it was dismissed ?

 

 

Well done.

 

Andy