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    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
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lowell Claimform - Old Vanquis Credit Card ***Claim Dismissed***


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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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FWIW DN is defective

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

 

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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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.

We could do with some help from you.

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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 

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

just refer to them by name in your WS

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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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 

 

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Hi Katy

 

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

 

Andy

We could do with some help from you.

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

 

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

 

7.On 15th 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: 4th August 2020

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We could do with some help from you.

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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

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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!!!!!   

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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.

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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

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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

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We could do with some help from you.

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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.

We could do with some help from you.

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

the t&c's are pre contract too!

not applicable!!

 

 

 

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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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 saidI 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???

 

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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.

 

 

 

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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just type

no need to hit quote

 

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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No ...no more emails......this is what allowed them to ambush you in the first place.....how did they get your email address ?

 

The minimum allowance for filling and serving a SWS is 3 days...after each party agree to it. 

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

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