Lowell claimform - old Shop Direct CAT debt

[nigrob]

Hi,

I have now managed to draft a witness statement and scanned the hearing bundle, all are attached to this post and the next one due to size.

 

The default notice received in the bundle from 2016 had already had black pen covering the account holders' details, reference number etc, this I find very strange.

 

I have also realised that the hearing is dated 07th November 2022 not as previously thought so I am now requiring urgent assistance to get this sent to the court and Claimant.

 

I still have detail to add to the witness statement, but this is the personal details.

 

IN THE ***** County Court
Claim No. ******
BETWEEN:
Claimant
Lowell Portfolio Ltd
AND
Defendant
Mr ******

WITNESS STATEMENT OF ******

I, *******, being the Defendant in this case will state as follows;
 
I make this Witness Statement in support of my defence in this claim.
 
1.) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much-reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.
 
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.
 
2.) On dd/mm/yy, I received a claim form from the County Court Business Centre, Northampton, for the amount of £0000.00. The claimant contends that the claim is for the sum of £0000.00 in respect of monies owing under an alleged agreement with the account no. ******* pursuant to The Consumer Credit Act 1974 (CCA).
 
3.) The Claimants pleaded case is that the Defendant entered into an agreement with Shop Direct (Very) under account reference *******. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with Shop Direct in the past however I have no recollection of the alleged account number the claimant refers to.
 
4.) On the 11th August 2022 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. The claimant has not provided a true copy of the CCA despite a request being made, instead I received a response dated 17th August 2021 stating, “please find enclosed a copy of the agreement’, the agreement provided is generic in nature and cannot be used to prove compliance. The agreement received has also been dated 4th November 2017 when the statement of account is dated as being opened on 16th December 2008, this would imply that the documents received for any request made relate to separate accounts and cannot be proven to relate to the existing sum claimed.

 
5.) On the 12th August 2021 I made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case. A response was received dated 17th August 2021 with copies of an alleged deed of assignment and also an alleged credit agreement, the agreement is generic in nature and could have been completed at any time due to the basic nature of the document and the fact that no digital footprint is contained within it, the claimant also advised that further documents have been requested for this specific agreement and would be sent to me when they were received, no further documents to support the request have ever been received by the respondent.
 
6.) Contained within the claimants’ particulars the claimant pleads that the defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA.

 

7.)  In their Court hearing bundle the claimant has produced what appears to be  a ‘screenshot’ of a default notice, which is unrecognisable as such. It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement.
A default notice was also received dated 4th July 2016, this in fact relates to a different mail order catalogue and cannot be used to satisfy this claim.
 
8.) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim is based and relies upon.
 
Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.
 
Statement of Truth
 
I, ********** , the Defendant, believe the facts stated within this Witness Statement to be true.
 
Signed: _________________________ _______
 
Dated: _________________________ _______

 

 

 

claimants ws .pdf

[AndyOrch]

Well done very good although your statement of truth is out of date,

 

" The form of the statement of truth verifying a witness statement should be as follows: “I believe that 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. "

[nigrob]

Hi Andy, thank you for the updated information and that the statement is ok once amendment’s have been made.

 

 

[AndyOrch]

Yes

[nigrob]

So the claimant got the judgement and now I am trying to get it set aside and could do with some advice on how to do this.

The strict proof route was pretty much ignored and the claimants failures to provide a copy of the credit agreement apart from the generic one didn’t matter.

 

 

[dx100uk]

expend more upon why the judge ignored your WS etc please.

 

dx

 

[AndyOrch]

Disappointing....judge lottery ?

 

You don't have grounds to set a side just because you are not happy with the outcome. With regards to payment you need to submit an N245 and offer an affordable monthly payment...even if its a little as £20.