lowell Claimform - Old Vanquis Credit Card ***Claim Dismissed***

[katyviolet09]

Yesterday @ 4pm i received a 50 page document via an email from Lowell Solicitors

[katyviolet09]

On 04/08/2020 at 09:21, katyviolet09 said:

Yesterday @ 4pm i received a 50 page document via an email from Lowell Solicitors

 

Below is their redacted WS

 

Claimants_Witness_Statement.pdf

[AndyOrch]

Post unapproved......not redacted

[dx100uk]

FWIW DN is defective

only give 10days+ the DN itself is undated against sec 87 fornat regs.

ive sorted the pdf

 

dx

 

[AndyOrch]

They get round it by attaching the covering letter Notice of Default dated 10th July 2014.....DN must be rectified by the 29th July ....19 days.

[katyviolet09]

Hi Both,

I have time today & tomorrow until the court closes to hand in my witness statement to them.

I will email Lowell just as they have done me & hand documents into the court tomorrow.

I have started the WS as can be seen.

I have also at home printed off Headed Exhibit pages ready to go.

I would appreciate where & what you would advise for me to pad out my WS & with what exhibits. 

I really dont expect you to do it for me but just a nudge in the right direction & with what & just a little more help as to what i need to convince the judge.

 

Also what will the judge ask me i was nervous when in Mediation when the lady basically said you owe the money!!!!

 

I have done the below so far today:

 

4. On *********, 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 ********** with notice given. I WILL COPY CLAIM FORM........ CALL IT  EXH 1 

 

5. 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.I WILL COPY MY CPR31.14 REQUEST............. CALL IT  EXH 2 

 

6. The Claimant sent a response which enclosed a statement, default notice, notice of assignment from Vanquis to Lowell & a reconstituted copy of an agreement

I WILL COPY THE ABOVE DOCUMENTS........CALL IT EXH 3 

[dx100uk]

you dont need to copy any official court paperwork not any of their WS exhibits.

just refer to them by name in your WS

[katyviolet09]

 

I'll be honest and say then i don't know what else to add.

They have sent the court & myself a 50 page WS.

How should i fluff out my witness statement with what Exhibits? 

How do i get the Judge in any other way apart from the above to see they have been non compliant & in default to my section 78 request?

 

I only have till court closes tomorrow to hand in my WS 

 

[AndyOrch]

Hi Katy

 

I will try to get to you in the morning and run through your statement.

 

Andy

[katyviolet09]

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 27^th August 2019 along with the standard fee of £1.00 postal order to which the defendant received a reply dated 6^th September 2019 putting their account on hold whilst they tried to gather the information.

 

6.The defendant received a reply dated 24^th 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 3^rd August 2020.

 

7.On 15^th 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: 4^th August 2020

[AndyOrch]

Witness Statement Katy.pdf

[katyviolet09]

Many Thanks Andyorch.

 

I have added all my details and sent to Lowell by email & taken by hand to the court.

Do you guys have any idea if proceedings over the phone go correctly what i could be asked??

So i have some good responses ready to hand?

Regards 

K

[AndyOrch]

 

[katyviolet09]

Thanks i have read the above.

I just don't want to say the wrong thing on the call !!!!!!

I guess only speak when spoken to.

I just wondered if i would be asked questions about the debt?

If i think i owe the money?

How did the debt accrue?

Because after all I am trying to get it quashed on a technicality of which iam not an expert!!!!!   

[AndyOrch]

Well it clearly states in your statement you cant recall the alleged debt and therefore put the claimant to strict roof to disclose a valid compliant copy of the agreement.....not some botched up screen shots created on any software to show they have a valid copy of the agreement.They know its not valid..they confirm it in their statement..so why would they expect a judge to agree and order it.

 

Your unsure whether you owe the money...so you cant recall how the alleged debt possibly accrued....as with everything in life you cant simply accept heresay evidence without proof.They can have all the printouts statements letters in the world ...but the CCA1974 is quite clear on what is required to be able to enforce an agreement...the true copy of the agreement and one thats compliant.

 

So with the above in mind its simply impossible to answer those questions.

 

CPR 16.5.4  is quite clear...any claimant wishing to make a money claim must provide proof by way of a valid agreement.

 

(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

[AndyOrch]

Practice Direction 16

Other matters to be included in particulars of claim

7.3 Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and

[katyviolet09]

Thank you for that.

I will now cross my fingers & be confident for tomorrow on the call from the court.

My husband will be with me to help having read everything here.

 

I received an email today from Lowell :

Dear ******,

I am writing a quick email to let you know I am in receipt of your Witness Statement. I am awaiting instructions from the Claimant regarding our reply and will be in touch in due course.

Kind regards

************* 

Complex Litigation Paralegal

 

 Lowell have now emailed the below!!!!!!! 

This mob are unbelievable.

Making be bloody angry i tell ya!!!

 

Reading our WS and then doing another themselves & adding more Exhibits!!!!!??

Is this allowed the day before the Court Case??????

 

HELP HELP HELP

Regards

 

KG5HK8283 Supplementary Witness Statement 5 August redacted.pdf

 

Hearing: 7 August 2020 *******

 

Dear *********

As confirmed in my email earlier, thank you for serving your Witness Statement which has also today been filed at the Court. Please find attached a response from the Claimant.

Yours sincerely,

*****************

Complex Litigation Paralegal

Lowell Solicitors Limited

[AndyOrch]

Have to hand sections 78 and section 60 and 61 and 127 of the CCA 1974..in case the DJ decides to dispense with the current legislation.

 

https://www.legislation.gov.uk/ukpga/1974/39/section/78/enacted

https://www.legislation.gov.uk/ukpga/1974/39/section/60/enacted

https://www.legislation.gov.uk/ukpga/1974/39/section/61/enacted

https://www.legislation.gov.uk/ukpga/1974/39/section/127/enacted

 

https://www.legislation.gov.uk/ukpga/2000/7/contents

[AndyOrch]

Nope its too late......inform the court at the start of your telephone conference.....they cant submit it a day before...they have not sought your permission.....its inadmissible...disregard.....obviously you have them rattled...and desperate.

[dx100uk]

and their new exhibits are the load of ole repeated twaddle they filed before

the t&c's are pre contract too!

not applicable!!

 

 

 

[katyviolet09]

I will do that Andyorch tommorrow Many Thanks.

They have their supplementary WS dated the 5th August ?? 

But on the 6th August today by email they said" I am writing a quick email to let you know I am in receipt of your Witness Statement.

I am awaiting instructions from the Claimant regarding our reply and will be in touch in due course."

How can i be sure which day they submitted the supplementary WS????

 

Is it worth an email to Lowell by email now????

Telling them the same that they cant submit it a day before and that they have not sought my permission and its inadmissible????

 

29 minutes ago, dx100uk said:

and their new exhibits are the load of ole repeated twaddle they filed before

the t&c's are pre contract too!

not applicable!!

 

 

 

 They try everything dont they????

Is it to try & bamboozle Judges???

 

[dx100uk]

let them sweat ......don't play your bonus cards till you need too.

 

they do all this to intimidate the defendant and make them fold. or to make you think they are superhumans and mates in court and the judge won't believe a word you say.

 

the number of claim lowells have lost or discontinued in the last 12mts is 100 fold on previous years.

 

the judges are fast becoming very aware of these speculative claims and 9/10 rule against them.

 

 

 

[katyviolet09]

[dx100uk]

just type

no need to hit quote

 

dx

 

[katyviolet09]