lowell Claim form - old Newday Debenhams mastercard card debt

[MadMat]

I received this from my local county court a couple of weeks ago,  hung on to see what Overdales could come up with,  and yesterday another bumper pack from Overdales containing another copy of the "Credit agreement", default notice etc that are already attached to this thread.   Nothing new from overdales.

 

 

 

cmc 17-5-23 10-00am 15 minutes.pdf

[dx100uk]

so can we just confirm things to date 

 

the DN is compliant. cant argue about that

they have a NOA

 

the agreement posted to date have NO sign up box, typed name nor IP address?

and this WAS an online sign up ...do you remember?

your correct (for time of take out) address is at the top? 

 

and when did you take this out please?

 

interesting the claimform is for a credit card debt but that N157 says loan?

 

dx

 

[MadMat]

The agreement has my correct name and address typed into the areas I've blanked out

There is no IP address.

 

I've just noticed that this bundle has an extra page in the credit agreement that wasn't provided before. it has a tickbox, and a date/time.  

the quality isn't my scanning, the original they provide is blurred

 

It was signed up online, November 2018

 

 

 

 

extrapage.pdf

[dx100uk]

do that takeout date tally with the info on your credit file?

 

dx

 

[MadMat]

Yes it's showing as opened 14/11/18 on clearscore

[MadMat]

I've received another huge bundle of paperwork from Overdales labeled "Hearing Bundle"  it appears to be yet another copy of the same stuff they've already sent me 3 times.  Doesn't appear to be anything new in it.

[dx100uk]

just making sure you have their witness statement? is it? for the hearing on the 17th i expect?

 

dx

 

[MadMat]

I assume so. The covering letter just says "hearing Bundle".  and references the claim number.

What happens at a CMC?   I assume no final decision will be made,  the Judge will just be deciding what happens next?

Do I need to do anything except show up and answer any questions ? 

I assume my argument is simply that there is no enforceable CCA in that bundle.

Thanks

Mat

[MadMat]

I received this today from Overdales.  I'm assuming I agree to this as long as I can specify a few dates I'm not availiable ?

 

Mat

proposeddirections.pdf

[dx100uk]

according to the court order date 5th APR 

there is/was no requirement for them to file directions?

 

id make sure you check CVP is working by 10am. weds

 

 

[AndyOrch]

The court sets the directions in small claims track not the claimant...which will be done after the CMC providing the court is happy with what the claimant has disclosed following the notice dated 5th April 2023

[MadMat]

Yup there was no requirement for either side to submit draft directions.  All part of the general plan to try to intimidate me and drown me in paperwork I guess.

 

I've done the test CVP conference OK. and have the link for the live conference in my in-box.  That has instructions not to join untill 10 mins before.  

 

I think I'm all set!

[MadMat]

Well that was a lot less scary than I thought it'd be!!  All over in under 5 mins!

Case to be listed for a Dispute Resolution Hearing.  Date TBA

I have to file a witness statement 14 days before the date.

[dx100uk]

open

 

[MadMat]

I've received a date of 2nd Feb for the hearing.   I've never done a witness statement before,  is there a guide to doing one anywhere ?

 

Mat

[dx100uk]

and what have you been doing in the last 7mts.? CAG is predominantly self help - no there are NO templates nor guides BUT...

there are 100's of 'card claimform witness statement' (s) already here

use our enhanced google searchbox for the above.

it has to be filed 14 days BEFORE the hearing date.

post up your ideas and we will help.

dx

 

[MadMat]

Propsed witness statment

 

IN THE COUNTY COURT AT xxxxxxxxxxxxxxxx

 

 

BETWEEN:

 

LOWELL PORTFOLIO I LTD CLAIMANT

 

and

 

xxxxxxxxxxxxxx DEFENDANT

 

------------------------------------------------------------------------------------------------------------------------

 

WITNESS STATEMENT OF xxxxxxxxxx

 

------------------------------------------------------------------------------------------------------------------------

 

I, xxxxxxxxxx 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 Newday LTD

 

4.  Whilst it is accepted that the defendant has in the past had financial dealings with Newday, the defendant is unaware of what alleged debt the claimant refers, and the defendant has not entered into any contract with the Claimant.

 

5. On the 18^th January 2023, I received a claim form from Northampton County Court Business Centre, Northampton, for the amount of £xxxxxx. The claimant contends that the claim is for the sum of £xxxxx in respect of monies owing under an alleged agreement with the account no xxxxxxxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimants particulars the claimant states that the account was subject to assignment from Newday to Lowell on 22nd April 2021 with notice given.

 

 

6.  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 27^th January 2023 along with the standard fee of £1.00 postal order.

 

7. The defendant received a reply with no CCA attached other than the documents which enclosed a statement and a credit card application form.  A notice of assignment from Newday to Lowell was received separate to the above documentation

 

 

CONCLUSION

 

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

 

9. Therefore the Claimant remains in default of the original section 78 request dated 27^th January 2023 and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.

 

 

The claim bought by the claimant is spurious and speculative. The claimant does 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 for the above reasons.

 

STATEMENT OF TRUTH

 

I, xxxxxxxxxxxxxx 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: xxxxxxxxxxxxx

 

Dated: DDMMYY