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

[Amethyst]

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

Okay, lets add that in then. At around para 26.


Since receiving this claim I have made telephone enquiries with Halifax relating to myself and to the account number given by the Claimant in their statement of case. Halifax were unable to assist on giving them my details as there was no card or account held in my name, or any of my previous addresses. When enquiring on the account number they were unable to give any details due to Data Protection issues and it not being in my name, but were able to confirm that the account has been assigned to the Claimant.

I therefore must contend that this may be a case of mistaken identity or a mistake in documentation passing from Halifax/HBOS to Lowell.

[yhussain0786]

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

Can I just point also that Hina Khan has put in her WS that I had a credit facility I quote 'The Defendant had the benefit of the credit facility. The Claimant attaches a copy of the statement of account for the period between 01 February 2013 and 03 February 2014 inclusive to this witness statement' that is impossible that's time they were ringing me and sending letters also the notice of assignment was June 2013 I smell a rat here these dates are not right...they running after debt not providing me credit facility?

[Amethyst]

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

This one? are there others like that too?

[yhussain0786]

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

Yes 13 pages of them

[nemesis45]

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

Can I just point also that Hina Khan has put in her WS that I had a credit facility I quote 'The Defendant had the benefit of the credit facility. The Claimant attaches a copy of the statement of account for the period between 01 February 2013 and 03 February 2014 inclusive to this witness statement' that is impossible that's time they were ringing me and sending letters also the notice of assignment was June 2013 I smell a rat here these dates are not right...they running after debt not providing me credit facility?

Did you or did you not have such an account with HBOS/Halifax ? If so you had the benefit of the credit facility.

Or are you now saying you had no such account?

nem

[yhussain0786]

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

No I never had a account with them this is Lowell making up statements sending them to court I am shocked.

[Amethyst]

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

Do you think you ever had a sainsbury's credit card ?

I'm just wondering where the Halifax bit came from - was that BC bought up Halifax?

[yhussain0786]

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

Is this ok to send off now do I send one to Carter and one to Court recorded delivery.


IN THE COUNTY COURT AT xxxxxxxxxxxx
Claim No. xxxxxxxxxx

BETWEEN:
LOWELL PORTFOLIO I LTD Claimant

- And –

xxxxxxxxxxxxx Defendant




WITNESS STATEMENT OF MISS YASMIN HUSSAIN






1. I am xxxxxxxxxxxxxxxx of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx and defendant in these proceedings. I make this witness statement in further response to the Witness Statement submitted by the Claimants on the 27TH October 2015 and in support of my defense 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 FEBUARY 2013 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 JANUARY 2014 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 December 2014 when I cancelled the Direct Debit with my bank as I could not afford the payments anymore due to low income.


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. 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.

8. 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.

9. 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]

10. 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]

11. On the 20^th May 2015, the claimant’s solicitors replied to my written request without the requested documents [EXHIBIT C]

12. On the 29^th May 2015, I received a reply to my CCA request from the claimant without the requested documents [EXHIBIT D]

13. 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]

14. On the 25^th August 2015 I received a notification from the court that a court date had been set for the 11th November 2015.

15. This order stated that Witness Statements and documents to be replied upon should be exchanged by 14 days before the hearing.

16. I sent my Witness Statement to the Claimant on 28^th October 2015 and received the Claimant's Witness Statement on 28^th October 2015.

17. 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.

18. 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.

19. It remains my contention that I have not had a credit card from HBOS Plc or Halifax.

20. 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.

21. The Claimant has added a cover sheet to the reconstruction of the alleged agreement. This contains an address which I lived at from September 2009 to June 2010. The Claimant stated in Witness Statement of Hina Khan that the account was opened on 30th July 2008.

22. 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.

23. I moved to my current address at xxxxxxxxxxxxxxxxon 8^th July 2010.

24. 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.

25. The Claimant has failed to provide a copy of a default notice. I have never received a default notice. Since receiving this claim I have made telephone enquiries with Halifax relating to myself and to the account number given by the Claimant in their statement of case. Halifax were unable to assist on giving them my details as there was no card or account held in my name, or any of my previous addresses. When enquiring on the account number they were unable to give any details due to Data Protection issues and it not being in my name, but were able to confirm that the account has been assigned to the Claimant.
I therefore must contend that this may be a case of mistaken identity or a mistake in
documentation passing from Halifax/HBOS to Lowell.

26. 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.

27. I would request that the Claim be struck out.

Statement of Truth

I, YASMIN HUSSAIN, the Defendant, believe the facts state within the witness statement to be true.


Signed:………………………………………… Date…………………………………………………

[yhussain0786]

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

Yes Carters

[Amethyst]

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

actually add in another bit after para 26 ...

27. I would like to mention that had the Claimant complied with my requests for documentation back in May when they issued the claim then we may have avoided taking up the court's time and costs to both parties accordingly as I would have been in a position to assess the claim at a much earlier stage.


Then if you are happy with it I'd say its good to go. It's not 100% procedurally correct but you haven't really had a choice considering the lateness of receipt of the documents. Copy to Carters and Copy to Court.

[yhussain0786]

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

Morning guys,

Just wanted to ask do I send the WS and the evidence Exibits with it like before.

[yhussain0786]

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

UPDATE,

I went to my court hearing today nor Lowell and Carter were there and the judge DIMISSED the case on the grounds that there was no original documents.

Grateful thanks to you all... @nemesis45, @FlamingParrot, @MIKE770 [MENTION=6]Amethyst[/MENTION] and @Kati I couldn't have done this without your help. You guys are amazing!! helping people in there difficult times god bless you .

[nemesis45]

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

UPDATE,

I went to my court hearing today nor Lowell and Carter were there and the judge DIMISSED the case on the grounds that there was no original documents.

Grateful thanks to you all... @nemesis45, @FlamingParrot, @MIKE770 @Amethyst and @Kati I couldn't have done this without your help. You guys are amazing!! helping people in there difficult times god bless you .

Well done!! What a great result!

Lowell and Carter should be reported to the FCA for using the threat of court action/ issuing
claims as a first line method of debt collection, wasting court time/cost and causing stress
to debtors.

Rant over.


nem

[yhussain0786]

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

Thank you Nem
I agree I have been so stressed from start to finish and I am a Mother of two children as well so you can imagine. I was just wondering do I just wait for a letter from the court now of what happened today at the hearing anything I need to next, thank you for your advise.

[nemesis45]

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

Thank you Nem
I agree I have been so stressed from start to finish and I am a Mother of two children as well so you can imagine. I was just wondering do I just wait for a letter from the court now of what happened today at the hearing anything I need to next, thank you for your advise.

Hi,

Stress over on that now! You'll get a copy of the judgement order from the court in due course.
Keep it safe in case anything further comes up, it shouldn't but just be safe!!

Relax and sleep well!!

nem