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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 £******. 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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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mrtibbs1999

MCOL Claim Issued. Paid in full, yet defence filed

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Hi all,

 

I booked accommodation for my to NYC with a well known website we’ll call “LobHolibays” and the Hotel closed due to Covid.

The hotel made it clear that they wouldn’t be opening

I tried to contact LH multiple times but they had turned the phones off and the online chat was never on.

 

Concerned there was going to be insolvency issues I went through the paperwork and found that my contract was with a third party supplier that we’ll call abcd Ltd.

I sent Abcd an LBA and then a follow up and got no reply,  I issued a money claim.

 

They sent an AoS saying they were going to defend in full, and miraculously 4 days before the defence deadline LH refunded me.

ABCD have filed a defence claiming their agent LH refunded me, and that as such I have no claim. 
 

My question is,

that given that the refund wasn’t issued until 22 days after proceedings were issued,  what should i do?

There’s about £200 of court fees and interest outstanding, should I withdraw the claim, or is there a better solution?

 

Thanks in advance.

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Continue the claim until you get all of your money including your fees.

write to them and tell them that that is what is going to happen and that you will not withdraw the claim and you will inform the judge.

 


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Thanks.

 

I don’t need to file any paperwork letting the court know there’s been a partial payment  prior to the trial do I? 

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no. Just continue as normal but probably a good idea to write to your opponents and let them know that it is continuing and if they don't settle in full then there will also be an allocation fee incurred and they will have to pay that as well. Do this in writing. Do it now. Keep a paper trail so that you can show the court that you warned the other side on every aspect of this. Also did you claim interest? if you did a claim interest then let the other side know that the payment pay must make to bring the whole matter to an end will include the interest as well as all fees incurred to date.


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Did they submit a defence ?  If not request a default judgment for the interest and costs only....

 

Andy


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They submitted a defence 26 days after issue claiming their agent LH had paid in full.

This is true, although it was 22 days after the claim was issued, I want the costs and interest if possible.

I’d tried to get a DJ but the website wouldn’t allow it. 

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You can't because they filed a defence.....has the claim been allocated?


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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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7 hours ago, Andyorch said:

You can't because they filed a defence.....has the claim been allocated?

I tried before the defence was filed. The claim hasn’t been allocated yet. I’ve sent them a letter as suggested above making it clear that they paid well after the claim was filed and that I’ll be pursuing them for the remaining balance, which comprises the court fees and interest 

Edited by mrtibbs1999

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