Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

[Amethyst]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Thank you for you quick reply I dont remember opening this account in 2008 thats what Carter have said..on the CCA the address is a previous address i do recognizes I lived for 9 months 2009/2010 ..but Carter are saying this account was opened in 2008 but I never lived at the address in 2008? Also on this CCA they have produced there is no date?? so there are lot of holes here.

Okay. As you have received documents since submitting WS I think we are quite within rights to send a further Witness Statement based on the new information.

So lets run through the issues.... and figure it out a bit then we can do a further WS.

1) ignore that I got confused./ Credit Card - Halifax - did you ever have one? Is there anything from Halifax on your credit file ? Have they sent anything from Halifax at all or is all their evidence from after Lowell took it over? ie all payment lists are from after Lowell bought it.
2) You only agreed to pay the £1 a month to try and stop the harrassment ? and you thought it must have been something you'd forgotten about as you didn't think mistakes like that were made.
3) Now they have sent documents you have serious concerns over their legitimacy. The address on the agreement is an address you lived at from xxxxx 2009 to xxxx 2010. Therefore this could not be a true representation of the original agreement as you did not live there at the time they say you opened the account. There is no date on the agreement and no signature.
4) The credit limit issue - you did say they were lying about the £250 credit limit - that pulls not ever having had an account into question. ?

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi,

1)No, there is no Halifax Account on my Noodle credit report + No documents from Halifax at all + All the Evidence is from Lowell took over + all the payments are from Lowell took over.

2)True.

3)Yes, i have serious concerns over their document Legitimacy + True the address is not a true representation of the original agreement as i did not live there when the account opened + True Their is no date no signature.

4) True, Credit Limit issue does not look like a Halifax Account more like a Lowell made up one.

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Never Have I opened this Halifax Account??

[Amethyst]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Have you ever had any banking products with Halifax or Bank of Scotland ? Credit Card / Loan / Bank Account ?

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

No Never had any of these.

[Amethyst]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Okay lets put that into an additonal witness statement then. Give me half hour xx

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Thank you so much I await for your reply.

[Amethyst]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

THIS IS JUST A FIRST DRAFT TO GET YOU STARTED OFF - OBVIOUSLY I DON'T KNOW ALL THE FACTS so you MUST read and amend everything as necessary, it is accompanied by a statement of truth so it MUST be truthful and honest. There are a few anomolies through the thread which I can't figure out, so other's input is welcome.



IN THE COUNTY COURT
AT xxxxxxxxxxxxxxxx

CLAIM No: xxxxxxxxxxxxxxxxxx


BETWEEN



Lowell Portfolio
(CLAIMANT)


and

Yasmin xxxxxxxxxxxx
(DEFENDANT)



WITNESS STATEMENT

1. I am an Yasimn Hussein of xxxxxx address xxxxxxxxxxxxxxxxx and defendant in these proceedings. I make this witness statement in further response to the Witness Statement submitted by the Claimants on the xxxxxxxx October 2015 and in support of my defence in this case.

1. The matters referred to in this witness statement are within my own knowledge, except where he has indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.
2. I am a litigant in person.
3. In xxxx 201X I started receiving telephone calls and letters from the Claimant requesting payment of a debt arising from a Halifax credit card. Despite informing the Claimant that I did not have any knowledge of any debt owed to HBOS plc or a Credit Card from Halifax, over time the constant calls wore me down and I reluctantly agreed in XXXXX 20XX to make a payment of £1 per month by direct debit, as that was all I was able to afford.
4. The Claimant was very insistent that I owed the debt I'm afraid that I almost started believing it myself. I had lost my job and was going through a difficult time in my life and the calls were distressing me.
5. The payments were stopped in xxxxx 20xx when I cancelled the Direct Debit with my bank as I changed bank accounts ???
6. On the 16^TH MAY 2015, I received a claim from the county court business centre, Northampton, for the amount of £401.69.
7. The Claimants statement of case stated that this claim is for debt arising from an agreement, regulated by the Consumer Credit Act 1974, between myself and HBOS Plc
8. The Claimant did not state what the type of account was however I have been assuming it is the same Halifax credit card mentioned at paragraph 4 above.
9. I have never held a HBOS or Halifax Credit Card account or entered into any agreement for provision of financial services with Halifax or HBOS Plc.
10. On the 18^th May 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under civil procedure rule 31.14 to the claimants solicitors [EXHIBIT A]
11. On the 18^th May 2015, 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 77-79 of the consumer credit act 1974 along with the statutory £1 fee [EXHIBIT B]
12. On the 20^th May 2015, the claimant’s solicitors replied to my written request without the requested documents [EXHIBIT C]
13. On the 29^th May 2015, I received a reply to my CCA request from the claimant without the requested documents [EXHIBIT D]
14. On the 1^st June 2015, I received a letter from the claimant that stated as they have not been able to provide me with the requested information within the relevant time period the account is unenforceable and they’re not permitted to obtain judgment or decree in court [EXHIBIT E]
15. On the xxxxxx I received a notification from the court that a court date had been set for the xxxxxx November 2015.
16. This order stated that Witness Statements and documents to be replied upon should be exchanged by xxxxxx 14 days before the hearing.
17. I sent my Witness Statement to the Claimant on XXX 2015 and received the Claimant's Witness Statement on xxxxxxxx
18. The Claimants Witness Statement included a number of documents which I have not seen previously, despite having been requesting them from the Claimant since receipt of their claim in May 2015.
19. I have now reviewed the documents provided and I contend that the documents do not in any way evidence that I have any liability to the Claimant as claimed.
20. It remains my contention that I have not had a credit card from HBOS Plc or Halifax.
21. The Credit Agreement provided is a reconstruction, and while I understand this is allowed, the agreement does not contain any of my personal details or contain any date reference. I dispute that this alleged credit agreement is anything to do with me at all.
22. The Claimant has added a cover sheet to the reconstruction of the alleged agreement. This contains an address which I lived at from xxxxx 2009 to xxxxx 2010. The Claimant stated in xxxxxxxxxxxxxx that the account was opened on 30th July 2008. (I can't see where this date has come from ? and you've taken down the witness statement so can you treble check that)
23. I contend that this is not a true copy of the original credit agreement and therefore the claimant remains in default under section 77 of the Consumer Credit Act 1974 and is therefore unable to enforce the agreement.
24. I moved to my current address at xxxxxxxxxxxxxxxxxxxxxxx on xxxxxx 20xx. ( is this before the notice of assignment was sent out?)
25. The only statement that the Claimant have provided as evidence has been produced by themselves. There is nothing from the alleged original creditor at all.
26. The Claimant has failed to provide a copy of a default notice. I have never received a default notice.
27. I also would like to raise a concern over the Witness Statement of Hina Khan. She has made statements under a statement of truth regarding the conduct of the alleged account prior to it being assigned to the Claimant of which she can not possibly have any personal knowledge of.
28. I would request that the Claim be struck out.

I believe the above statements to be true

Signed
YASMIN XXXXXXX
Dated xx/xx/xx

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi

All is True now


5. payment stopped due to low income at the time.
24.I had moved into my current address July 2010 and the Notice of Assignment sent on 24/06/2013.

Do I now amend and send to Carter and the Court ASAP.

[Amethyst]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

ok so in 24 add in that you did not receive any notice of assignment from the original creditor or the claimant.


You could, by way of back up, give HBOS/Halifax credit card a call and ask them if they have any accounts in your name & details as you have received a claim from Lowell claiming to have been assigned a debt from them. They might not be able to help but if you give them the account number and ask them to check any outstanding balance, see if you pass security. If that then backs up your story you can put that into your statement.

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Just want to get this right so for
24) write that I never got the Notice of Assignment from the original creditor or the claimant before I moved at my current address. is that right.

[Amethyst]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Something like: I moved to my current address at xxxxxxxxxxxxxxxxxxxxxxx on xxxxxx 20xx. I did not receive a notice of assignment at all from HBOS Plc or Halifax, and I don't recall receiving any notice of assignment from the claimant, only letters asking for payment.

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Just ring Halifax they put me through to Cards Department they saying the same Lowell have taken over in June 2013 and they cant give me anymore information on the matter. now what to do next.

[Amethyst]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

But you passed security and they have record of you having a card with them ?

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi,

No First they checked my Information there was no card on my name and no previous address was not coming up then they put me through another department and they said the same lowell have taken over since June 2013 I ask them original address and they would not give me any more information as Its sold to Lowell, Like when the account was opened nothing.