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


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Hi Andy,

Appreciate if you could take a quick look at the above,

Iam going get my defence in shortly as I will be out during the afternoon,

Many Thanks,

Regards,

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Andyorch & Dx   CLAIM DISMISSED!!!!!!!!! I held it together!!! So much to take in & so many questions asked i cannot remember them all. Judge was very fair indee

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Done check the above.....see if you are happy with it.

We could do with some help from you.

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Your amended defence in post #26 above which I have just edited.

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

 

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34 minutes ago, Andyorch said:

Your amended defence in post #26 above which I have just edited.

Claim History

Your acknowledgment of service was submitted on 21/01/2020 at 14:39:19

Your acknowledgment of service was received on 21/01/2020 at 16:05:24

Your defence was submitted on 14/02/2020 at 12:20:01

 

 

Ah yes, you are a diamond.

Very blonde moment and I'm not of that colour!!

Once again thank you to yourself & dx thus far this site relies heavily on you..

I promise to donate to your fund soon.

I am prepared to go all the way.

I have been reading and reading on here the next steps etc etc.

I have another very similar with Lowell that is SB in about 6 months I wonder whether they will give up with that or pursue??

Regards,

K

 

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Now wait for the courts acknowledgement of your defence....the claimant has 28 days to decide if they wish to proceed.

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

 

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  • 2 months later...

 

DQ sent to you on 05/03/2020

DQ filed by claimant on 05/03/2020

You filed a DQ on 07/04/2020

 

Now waiting for a call from mediation 14/5/2020 between 9.30am-12.30am.

 

I presume I will be asked the same q's on the n180, THEN I say i do not have enough information to make an informed decision as they have failed CPR

 

I presume i say they were unable to comply to disclose a valid full copy of the executed agreement and also that the various screenshots taken are devoid of any tick box or any authenticity of IP address conformation check.

Therefore the claimant remains in default of my section 78 request.

 

Mediation will fail

 

 

 

 

 

 

 

 

 

 

 

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pers i'd simply say the claimant has failed to provide enough information for me to make an informed decision

don't tip the claimant off..

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Well that was interesting.

Mediator rang up in a friendly tone & explained what mediation was about. Went on to say she had spoken to claimant & they went through a timeline of the cc details, figures & what had been sent.

 

Then she asked why I had decided to mediate & did I read my email about mediation. I told her that the claimant had not provided me with enough info to make an informed decision.

 

This lady kept saying why have you come to mediation when you are not prepared to mediate & then asked what gave they not sent you to make an informed decision. She was really really pushy & wanted me / them to come to a deal. So she asked did I accept remember that I took the card out etc etc?

 

What haven’t Lowell disclosed she asked, I did actually tell her & why they remained in default of my section 78 request.

 

I did seem a bit nervous as her tone started to say I have wasted mediations time. She went onto say a court date would probably be set, hear from them in due course & it would be sorted out by a judge.

 

I’m still shaking but held my ground now feeling nervous as have never been to court but I think I’ve followed your advice as near as I can.

 

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its not for the mediation service to act as a judge and decide that a claimant has complied with your request or not.

 

it is also not their job to dictation how you use the mediation service!

you gave the claimant every opportunity to meet your requests, that means giving time until the day of the call.

 

who the beep do they think they are...

 

well done.

 

dx

 

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 3 weeks later...

Its a template...on most of the threads involving their claims......its pay up stage of the hearing fee so they have one last go at you to see if you wish to throw the towel in....or whether they pay the fee and proceed.

 

Choice is yours.

 

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

 

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use our search top right as you should be ...

Lowell claimform

 

dx

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 2 weeks later...

std court n271 everyone gets..await NOA

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 1 month later...

by 4pm 4th august lowell MUST pay the fee of £115.

ring the court the very next day and check.

 

and they must send to you and the court the signed agreement and anything else they intend to rely upon.

 

have lowell got your email address..i hope not.

 

 

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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And you must file and serve (Court and Solicitors) your witness statement with evidence by 5th August

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 thread please PM me a link to your thread

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On 28/07/2020 at 17:31, Andyorch said:

And you must file and serve (Court and Solicitors) your witness statement with evidence by 5th August

Below is page 3 sorry i forgot to scan!!!

I am starting to get my Witness Statement together.

I would appreciate if you guys could peruse it for me when ive attempted it in plenty of time. 

 

Proposed Action

I will contact the court just after 4pm on the 4th August.

I was thinking of getting the WS prepared on my computer ready to print off & send 1st class signed for to Lowell between 4-5pm on the 4th August THATS IF THEY PAY THE COURT FEE?? .

I only live 15 mins from the court so can deliver WS personally to them on the same day.

 

I thought the dates here were a bit close here.

Hearing Date: 7th August

Hearing Fee: 4th August by 4pm

Documents Served by both parties: no later than 5th August

 

Do Lowell normally pay up?

or would they have expected me to fold by now?

What % of Lowell CCJs end up going the whole distance?   

 

On 28/07/2020 at 16:49, dx100uk said:

by 4pm 4th august lowell MUST pay the fee of £115.

ring the court the very next day and check.

 

and they must send to you and the court the signed agreement and anything else they intend to rely upon.

 

have lowell got your email address..i hope not.

 

 

You said "hope not" but unfortunately its a YES to providing email on the DQ(Small Claims Track) why do you ask dx100uk? 

SCT hearing 3.jpg

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Hi Guys,

I am hoping they pull out at the last minute.

It will also be interesting to see what the postman delivers in the next week!!

However i have prepared a WS & If you could take a look @ the below it would be appreciated to see that i have mentioned what is important to my defence.

Its a little bit daunting!!

I presume that i will also provide a bundle of documents for the Judge of letters to Lowell/ requests & bumph I have received from Lowell??

TYVM

 

IN THE COUNTY COURT AT ************

 

 

BETWEEN:

 

LOWELL PORTFOLIO I LTD CLAIMANT

 

and

 

**************** 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. It is accepted I have had financial dealings with Vanquis in the past

 

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.

 

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.

 

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

 

CONCLUSION

To date no valid full copy of the executed agreement or terms & conditions have been disclosed.

 

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.

 

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.

 

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 convince the court that the claimant can disclose the legal valid documents on which its claim relies on.

 

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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that will need fluffing out and a few more examples of generic documents added me things.

i would not be putting all your eggs in one baskets.

 

 

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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What date are you suppose to file and serve ?

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 thread please PM me a link to your thread

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On 29/07/2020 at 18:25, katyviolet09 said:

I thought the dates here were a bit close here.

Hearing Date: 7th August

Hearing Fee: 4th August by 4pm

Documents Served by both parties: no later than 5th August

 

^^

 

dx

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.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • Andyorch changed the title to lowell Claimform - Old Vanquis Credit Card ***Claim Dismissed***

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