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  1. #176
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    Default Re: Proof of identity

    Ok

    If it were me* I wouldn't send any documents to anyone without instructions from the court.

    There's no harm in drafting a WS, though. It could serve as an aide-memoire for the prelim.

    *Others may have different thoughts.
    CAVEAT LECTOR

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  2. #177
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    Default Re: Proof of identity

    Quote Originally Posted by charitynjw View Post
    Ok

    If it were me* I wouldn't send any documents to anyone without instructions from the court.

    There's no harm in drafting a WS, though. It could serve as an aide-memoire for the prelim.

    *Others may have different thoughts.
    Ok, do you have any ideas of what will happen there? I've never been in a court room before.
    Do I need to take all the documents with me etc?

  3. #178
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    Default Re: Proof of identity

    After my preliminary hearing on Monday, the Judge decided is not an abuse of process Lowell second claim and it will be allocated to small claim court. I need to wait for the Judges letter and will have to submit an witness statement. I have sent a SAR request to Vanquis, hopefully they will respond in time .

  4. #179
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    Default Re: Proof of identity

    Quote Originally Posted by icrina53 View Post
    the Judge decided is not an abuse of process Lowell second claim
    What reason did the DJ give for his decision?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  5. #180
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    Default Re: Proof of identity

    Because now they have provided a list of transactions and terms and conditions

  6. #181
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    Default Re: Proof of identity

    Quote Originally Posted by charitynjw View Post
    Ok

    If it were me* I wouldn't send any documents to anyone without instructions from the court.

    There's no harm in drafting a WS, though. It could serve as an aide-memoire for the prelim.

    *Others may have different thoughts.
    Hello,

    Just a aquick question maybe you can help me with:
    I sent my witness statement last week as instructed by the court, but now I have found some paperwork related to the case. Will it be ok to send along with a cover letter or should I wait until the court date?

  7. #182
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    Default Re: Proof of identity

    AfaIk, it should be ok.

    Same format as before (Header (Claimant v icrina) Claim no XXXXXXXX).
    SUPPLEMENTAL WITNESS STATEMENT (DEFENDANT)
    Signed statement of truth.
    1 copy to court, 1 to Claimant's sols.
    Covering letter - "Please find enclosed supplemental WS"
    Proof of posting where applicable.

    I'll give @Diana M , @nemesis45, @pt2537 & @R0b a nudge for further input.
    Last edited by charitynjw; 13th April 2017 at 13:23:PM.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  8. #183
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    Default Re: Proof of identity

    Hello Icrina,

    There's template WS in the green box above make a draft WS and post here and we will go through it with yoy.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  9. #184
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    Default Re: Proof of identity

    Quote Originally Posted by nemesis45 View Post
    Hello Icrina,

    There's template WS in the green box above make a draft WS and post here and we will go through it with yoy.

    nem
    Thank you for that , WS has been sent last week already but I have just found some documents that I believe will be in my favour , so I was just wondering if I can still send them to the court , as a supplement for my WS

  10. #185
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    Default Re: Proof of identity

    Quote Originally Posted by icrina53 View Post
    Thank you for that , WS has been sent last week already but I have just found some documents that I believe will be in my favour , so I was just wondering if I can still send them to the court , as a supplement for my WS
    You would need to get permission to amend your defence Icrina,
    What is the "favourable" information"?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  11. #186
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    Default Re: Proof of identity

    Quote Originally Posted by nemesis45 View Post
    You would need to get permission to amend your defence Icrina
    The OP does not need to amend her Defence.

    These documents relate to the WS which she has recently filed and she feels she has omitted evidence which she should have included in that WS or exhibited with it.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  12. #187
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    Default Re: Proof of identity

    Quote Originally Posted by nemesis45 View Post
    You would need to get permission to amend your defence Icrina,
    What is the "favourable" information"?

    nem
    I have made a SAR request to Vanquis. and they sent me back an application form exactly as Lowells but with a different account number on it. The rest of details including the time and date of the application etc.are exactly the same I had a freemans account with them but I paid it off in 2010 and it shows as satisfied on my credit report. The question is : Is it possible and legal for Vanquis to have issued me with more than one account under one application?
    Lowell is chasing me for a credit card debt that has a totally different account number to what Vanquis has provided me with.
    Also the application was in 2009 , Lovell ahs provided a list of transactions that start in 2010 , so did I have accredit card and not used it for a year? it is all very strange. From the list of transactions around £835 was spend and the rest up to £2150 are charges

  13. #188
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    Default Re: Proof of identity

    Quote Originally Posted by icrina53 View Post
    I have made a SAR request to Vanquis. and they sent me back an application form exactly as Lowells but with a different account number on it. The rest of details including the time and date of the application etc.are exactly the same I had a freemans account with them but I paid it off in 2010 and it shows as satisfied on my credit report. The question is : Is it possible and legal for Vanquis to have issued me with more than one account under one application?
    Lowell is chasing me for a credit card debt that has a totally different account number to what Vanquis has provided me with.
    Also the application was in 2009 , Lovell ahs provided a list of transactions that start in 2010 , so did I have accredit card and not used it for a year? it is all very strange. From the list of transactions around £835 was spend and the rest up to £2150 are charges
    Hello Icrina,

    It is possible I've seen one case where a credit card account in the name of the bank was issued side by side with a store branded card it took some time to sort out.

    BTW Lowell being as helpful as usual change account numbers to suit there system.
    You could state that you have never held and account with the number quoted!
    It will be interesting to see what the SAR shows up.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  14. #189
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    Default Re: Proof of identity

    Quote Originally Posted by icrina53 View Post
    I have made a SAR request to Vanquis. and they sent me back an application form exactly as Lowells but with a different account number on it. The rest of details including the time and date of the application etc.are exactly the same

    . . . The question is : Is it possible and legal for Vanquis to have issued me with more than one account under one application?
    Lowell is chasing me for a credit card debt that has a totally different account number to what Vanquis has provided me with.
    Also the application was in 2009 , Lovell ahs provided a list of transactions that start in 2010 , so did I have accredit card and not used it for a year?
    So you've filed your WS and are now preparing for the hearing. You are wisely running forensics over the documents which Lowells have produced.

    You've received your SAR from Vanquis and you've spotted what appears to be an inconsistency with the document (credit agreement) in the SAR and the document which Lowells have produced for the court.

    You're asking yourself whether it's possible that the original creditor opened two accounts for you. Maybe the question is: has Lowells produced an inaccurate reconstituted version?

    You say everything else on the agreement is the same except for the date. Have you got the Transaction Log included in your SAR so you can see when the account was opened etc etc?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  15. #190
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    Default Re: Proof of identity

    Quote Originally Posted by Diana M View Post
    So you've filed your WS and are now preparing for the hearing. You are wisely running forensics over the documents which Lowells have produced.

    You've received your SAR from Vanquis and you've spotted what appears to be an inconsistency with the document (credit agreement) in the SAR and the document which Lowells have produced for the court.

    You're asking yourself whether it's possible that the original creditor opened two accounts for you. Maybe the question is: has Lowells produced an inaccurate reconstituted version?

    You say everything else on the agreement is the same except for the date. Have you got the Transaction Log included in your SAR so you can see when the account was opened etc etc?

    Di
    Everything is exactly the same including the date and the time.
    The SAR came back with this application with a different account number than lowells and a set of terms , that's all. Now on Lowells transaction list the card number remains the same but the account numbers were changed twice, does that mean the agreement was varied? or not necessarily .

  16. #191
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    Default Re: Proof of identity

    Quote Originally Posted by nemesis45 View Post
    BTW Lowell being as helpful as usual change account numbers to suit there system.
    You could state that you have never held and account with the number quoted!
    It will be interesting to see what the SAR shows up.
    This is true that Lowells renumber accounts in their system.

    However the document they have produced for the court is supposed to be the original credit agreement (or a reconstituted version based on fact) so it can't have an account number which wasn't in existence at the time (2009/10) if it's an 'honest and accurate' recon.

    The document in the OP's possession comes direct from the original creditor in response to their SAR Request so the account number on that document is reliable (one would think).

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  17. #192
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    Default Re: Proof of identity

    Also the default notice was issued in 2013 for account X , but the account number was changed into Y two years previously . I don't think is Lowell that plays with the numbers but Vanquis.
    I have asked in my SAR request all the details about the account I know I had with them plus any other account that I might have with them and this is everything they sent. Were is Lowells getting all this transactions, defaults etc from s I am unable to get them from Vanquis?

  18. #193
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    Default Re: Proof of identity

    Quote Originally Posted by icrina53 View Post
    The SAR came back with this application with a different account number than lowells and a set of terms , that's all. Now on Lowells transaction list the card number remains the same but the account numbers were changed twice .
    Does this mean that Lowells have not produced any Ts & Cs with the agreement?

    This is where you need to be careful.

    Don't shoot yourself in the foot by producing a bona fide credit agreement (with all the Ts & Cs from your SAR) to prove that Lowells haven't. The DJ could say "thank you very much for disclosing the real deal which proves the Claimant's case for them".

    This is in the Small Claims Track where the Defendant doesn't have to disclose all documents in their possession. So don't if they'll harm your case.

    You'll need to be selective about what you disclose while at the same time picking holes in what they have produced.

    No one said it was going to be easy

    Any sign of a Default Notice from Lowells and any reference to one in your SAR (in the Transaction Log)?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  19. #194
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    Default Re: Proof of identity

    Quote Originally Posted by icrina53 View Post
    Also the default notice was issued in 2013 for account X , but the account number was changed into Y two years previously . I don't think is Lowell that plays with the numbers but Vanquis.
    I have asked in my SAR request all the details about the account I know I had with them plus any other account that I might have with them and this is everything they sent. Were is Lowells getting all this transactions, defaults etc from s I am unable to get them from Vanquis?
    Exactly!

    Is your name on the any documents produced by Lowells. There was a case on this forum recently where the OP had a common name Ms Smith (or similar) and on closer examination the transactions produced were for a different Ms Smith with a different date of birth and a different initial.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  20. #195
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    Default Re: Proof of identity

    Quote Originally Posted by Diana M View Post
    This is true that Lowells renumber accounts in their system.

    However the document they have produced for the court is supposed to be the original credit agreement (or a reconstituted version based on fact) so it can't have an account number which wasn't in existence at the time (2009/10) if it's an 'honest and accurate' recon.

    The document in the OP's possession comes direct from the original creditor in response to their SAR Request so the account number on that document is reliable (one would think).

    Di
    You would indeed hope that an OC would provide proper documents but I've seen Vanquis provide a 3rd parties app form with just the name address over written but without the correct account number this was a couple of years back so they might have smartened up a bit now.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  21. #196
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    Default Re: Proof of identity

    Just out of interest

    Could you have maybe lost your card at some point and had a new one with a new number

    However even having said that, as Di has said, when you send a CCA request off it should come back with the original account number not the current one.

    I am only thinking because I lost my debit card the other week and the new one had a different number on it, bit of a pain but there you go

  22. #197
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    Default Re: Proof of identity

    Quote Originally Posted by warwick65 View Post
    Just out of interest

    Could you have maybe lost your card at some point and had a new one with a new number

    However even having said that, as Di has said, when you send a CCA request off it should come back with the original account number not the current one.

    I am only thinking because I lost my debit card the other week and the new one had a different number on it, bit of a pain but there you go
    The card number is the same , the account number has been chaanged twice during a 2 year period

  23. #198
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    Default Re: Proof of identity

    Quote Originally Posted by Diana M View Post
    Does this mean that Lowells have not produced any Ts & Cs with the agreement?

    This is where you need to be careful.

    Don't shoot yourself in the foot by producing a bona fide credit agreement (with all the Ts & Cs from your SAR) to prove that Lowells haven't. The DJ could say "thank you very much for disclosing the real deal which proves the Claimant's case for them".

    This is in the Small Claims Track where the Defendant doesn't have to disclose all documents in their possession. So don't if they'll harm your case.

    You'll need to be selective about what you disclose while at the same time picking holes in what they have produced.

    No one said it was going to be easy

    Any sign of a Default Notice from Lowells and any reference to one in your SAR (in the Transaction Log)?

    Di
    The Default was issued in 2013 for the account number 2079 , the problem is this account was changed into 3457 in 2011. The default should not be for account 3456 I'm thinking?

  24. #199
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    Default Re: Proof of identity

    if you are referring to the last 4 digits across the centre of the card, = when a replacement card issued the last for numbers change also - security movement???? account number stays the same.

  25. #200
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    Default Re: Proof of identity

    Quote Originally Posted by MIKE770 View Post
    if you are referring to the last 4 digits across the centre of the card, = when a replacement card issued the last for numbers change also - security movement???? account number stays the same.
    No, the full 16 card number digits has been the same for the whole 4 years. The first two years the account number was 2079 and then changed into 3456 , but the card number has always be the same .

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