Jump to content
  • Tweets

  • Posts

    • A judge says Anthony Levandowski carried out the "biggest trade secret crime I have ever seen". View the full article
    • Yes, let us know if they honour the agreement to pay.   Thanks for Donation made and anything further you can make - it helps us keep helping !
    • Mark Bauwens from France takes us through his week during the coronavirus pandemic. View the full article
    • 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
    • Allen Blue, who co-founded professional network LinkedIn, reveals how start-ups can achieve growth. View the full article
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 8 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
        • Like
      • 16 replies
keri1964

Statute barred debt

Recommended Posts

I was advised by stepchange in a recent phone call that a debt CAN be kept on your file after 6 years as we live in Scotland 

 

A debt was registered for 39 pounds by lowell on the 17th of April 2014 .

Then renewed in 2017.

I have always been under the impression that on the 6th anniversary the debt became statute barred .

Share this post


Link to post
Share on other sites

5 years in Scotland if no payment or acknowledgment made then becomes statute barred.The only reason it could continue to show on a credit report if there was an AP marker (arrangement to pay ) otherwise yes its falls off after its sixth anniversary...statue barred or not.

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

There was never an agreement to pay as the dispute originally was with bt after changing my phone-in to sky and any charges for switching were met by them .lowell bought this debt and we have never received a tjing from them

Share this post


Link to post
Share on other sites

Send the following to Lowell and also inform your credit files with a notice of correction.

 

 


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

Share this post


Link to post
Share on other sites

the debt and the default would not have been registered by lowell

they merely inherited the debt and their name as the new owner was changed from BT, who would have defaulted you on or before the sale to lowells.

 

we all know step change are useless anyway...:bounce:

 

if a debt has a registered defaulted date in it's summary line (not the calendar section) then it should vanish from your file on the defaulted dates 6th birthday.

 

nothing to do with 5yrs extinguished (SB'd) in scotland or 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.

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...