Proof of identity

[nemesis45]

Re: Proof of identity

ok , thank you I will have a go and post it on here tomorrow so you can tell me what you think.

Please do just tag [MENTION=55034]nemesis45[/MENTION] so I don't miss the post.

nem

[icrina53]

Re: Proof of identity

Please do just tag @nemesis45 so I don't miss the post.

nem

Hi Nemesis, This is what I am planning to write the following, is not finished but this is what I could think of so far. Please let me know your opinion. Thank you!
I .. being the Defendant in this case will state as follows:
1. I make this Witness Statement in support of my defence in the claim ..
2. This is the claimant second attempt at litigation on the same course of action , instead of challenging the court striking out on the 23rd of Feb, they choose to reissue the proceedings which I believe is an abuse of process
3. This claim is for an alleged credit card agreement regulated by the cca act 1974, it is alleged the account was opened some time in 2009 however I do not recall signing any agreement and I do not hold a copy of it or T&C's of that agreement
4.On the 20th of June I made a written request to the Claimant for a true copy of the credit agreement under s78(1) ,I enclosed payment £1
5. Consumer Credit Act s.78(1) states
Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and
(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

[I](c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
6.The claimant has failed to comply with s77(1) of the cca 1974 and by virtue of s78(6) cca 1974 cannot enforced the agreement.
7.The claimant has responded to my letter dated 20th June with a letter stating that the documents were sent to myself on 22nd April. They have provided me with what they call:
a. copy of the credit agreement-this document is an poor attempt at making a reconstituted agreement that has been reconstructed without consideration for the need of producing T&C's and does not comply with a CCa request,
A agreement or a reconstituted agreement must include :
-my correct name and address as it was when the account was opened
-the original creditor name and address
-the t&c relevant to the account when it was opened
-the t&c relevant to the account when it was closed
-any other documents mentioned in the t&c
Along with this form I have been sent a copy of what Lowells claims to be T&C of the agreement.
These t&c's seems to be generic, do not include any prescribed terms per cca and are non-compliant with s78 .

[nemesis45]

Re: Proof of identity

Hi Nemesis, This is what I am planning to write the following, is not finished but this is what I could think of so far. Please let me know your opinion. Thank you!
I .. being the Defendant in this case will state as follows:
1. I make this Witness Statement in support of my defence in the claim ..
2. This is the claimant second attempt at litigation on the same course of action , instead of challenging the court striking out on the 23rd of Feb, they choose to reissue the proceedings which I believe is an abuse of process
3. This claim is for an alleged credit card agreement regulated by the cca act 1974, it is alleged the account was opened some time in 2009 however I do not recall signing any agreement and I do not hold a copy of it or T&C's of that agreement
4.On the 20th of June I made a written request to the Claimant for a true copy of the credit agreement under s78(1) ,I enclosed payment £1
5. Consumer Credit Act s.78(1) states
Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and
(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

[I](c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.
6.The claimant has failed to comply with s77(1) of the cca 1974 and by virtue of s78(6) cca 1974 cannot enforced the agreement.
7.The claimant has responded to my letter dated 20th June with a letter stating that the documents were sent to myself on 22nd April. They have provided me with what they call:
a. copy of the credit agreement-this document is an poor attempt at making a reconstituted agreement that has been reconstructed without consideration for the need of producing T&C's and does not comply with a CCa request,
A agreement or a reconstituted agreement must include :
-my correct name and address as it was when the account was opened
-the original creditor name and address
-the t&c relevant to the account when it was opened
-the t&c relevant to the account when it was closed
-any other documents mentioned in the t&c
Along with this form I have been sent a copy of what Lowells claims to be T&C of the agreement.
These t&c's seems to be generic, do not include any prescribed terms per cca and are non-compliant with s78 .

Hello Icrina,

So far so good!

Add anything you need to then we can tidy it up ready to go.

Formatting is important so the WS is easy for the judge to read, double space between paras and capitals where needed e.g. CCA.
Don't forget to index and documents you intend to rely on and make 3 copies of each one for the court, one for the claimant and one for you.

index e.g On date I received a letter from xxxxxx ( exhibit Icarina 1) etc.

nem

[icrina53]

Re: Proof of identity

Hello Icrina,

So far so good!

Add anything you need to then we can tidy it up ready to go.

Formatting is important so the WS is easy for the judge to read, double space between paras and capitals where needed e.g. CCA.
Don't forget to index and documents you intend to rely on and make 3 copies of each one for the court, one for the claimant and one for you.

index e.g On date I received a letter from xxxxxx ( exhibit Icarina 1) etc.

nem

Thank you Nemesis, I will write it properly , this is just a draft. I am not sure what else I can say anymore.
I have a list of transactions and notice of assignment , but not a copy of the default notice .My brain does not work as it should today.

[icrina53]

Re: Proof of identity

Hello Icrina,

So far so good!

Add anything you need to then we can tidy it up ready to go.

Formatting is important so the WS is easy for the judge to read, double space between paras and capitals where needed e.g. CCA.
Don't forget to index and documents you intend to rely on and make 3 copies of each one for the court, one for the claimant and one for you.

index e.g On date I received a letter from xxxxxx ( exhibit Icarina 1) etc.

nem

IN THE XXXX COUNTY COURT
Claim No. XXXXXX

BETWEEN:
Lowell Portfolio I LTD
Claimant
- and –
XXXX
Defendant

_________________________________

WITNESS STATEMENT OF XXXX
_________________________________



I XXXX being the Defendant inthis case will state as follows;

1. I make this Witness Statement in support of my defense in the claim.

2. This is the claimant second attempt atlitigation on the same course of action, instead of challenging the courtstriking out on the 23rd of Feb, they choose to reissue the proceedings which Ibelieve is an abuse of process

3. This claim is for a running credit agreement regulated under the ConsumerCredit Act 1974. I believe the account was opened in 2009,, however I do notrecall signing any credit agreement anddo not hold a copy of the agreement or terms of that agreement. The originalaccount was allegedly opened with a company called ‘’Vanquis’’

4. On the 20th of June I made a written request to the Claimant for atrue copy of the credit agreement under s78(1) ,I enclosed payment £1 (exhibit 1)
Consumer Credit Act s.78(1) states
Duty to give information to debtor under running-account credit agreement.(1)Thecreditor under a regulated agreement for running-account credit, within theprescribed period after receiving a request in writing to that effect from thedebtor and payment of a fee of £1, shall give the debtor a copy of the executedagreement (if any) and of any other document referred to in it, together with astatement signed by or on behalf of the creditor showing, according to theinformation to which it is practicable for him to refer,—

(a)the state of the account, and
(b)the amount, if any currentlypayable under the agreement by the debtor to the creditor, and
(c)the amounts and due dates of anypayments which, if the debtor does not draw further on the account, will laterbecome payable under the agreement by the debtor to the creditor

5. .The claimant has failed to comply with s77(1) of the Consumer Credit Act 1974and by virtue of s78(6) Consumer Credit Act 1974 cannot enforced the agreement.

6. The claimant has responded to my letter dated 20th June with a letterstating that the documents were sent to myself on 22nd April (exhibit 2).
They have provided me with what they call:
(a) A copy of the credit agreement-this document is a poor attemptat making a reconstituted agreement that has been reconstructed without considerationfor the need of producing Terms and Conditions and does not comply with a CCArequest,
An agreement or a reconstituted agreement must include :
-my correct name and address as it was when the account was opened
-the original creditor name and address
-the Terms and Conditions relevant to the account when it was opened
-the Terms and Conditions relevant to the account when it was closed
-any other documents mentioned in the Terms and Conditions
(b) A copy of what the Defendants claim to be the Terms andConditions of the agreement (exhibit 3)-these Terms and Conditions are generic, do not include any prescribed terms perCredit Consumer Act and are non-compliant with s78.

[icrina53]

Re: Proof of identity

Hello Icrina,

So far so good!

Add anything you need to then we can tidy it up ready to go.

Formatting is important so the WS is easy for the judge to read, double space between paras and capitals where needed e.g. CCA.
Don't forget to index and documents you intend to rely on and make 3 copies of each one for the court, one for the claimant and one for you.

index e.g On date I received a letter from xxxxxx ( exhibit Icarina 1) etc.

nem

IN THE xxxx COUNTY COURT
Claim No. xxxx

BETWEEN:
Lowell Portfolio I LTD
Claimant
- and –
xxxxx
Defendant

_________________________________

WITNESS STATEMENT OF xxxx
_________________________________



I xxxx being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defense in the claim.

2. This is the claimant second attempt atlitigation on the same course of action, instead of challenging the courtstriking out on the 23rd of Feb, they choose to reissue the proceedings which Ibelieve is an abuse of process

3. This claim is for a running credit agreement regulated under the ConsumerCredit Act 1974. I believe the account was opened in 2009,, however I do notrecall signing any credit agreement anddo not hold a copy of the agreement or terms of that agreement. The originalaccount was allegedly opened with a company called ‘’Vanquis’’

4. On the 22^nd of April Ihave received a letter from the Defendant’s solicitors stating that they willreissue the claim and that enclosed with the letter is a copy of the Creditagreement, Default notice and Notice of Assignment (exhibit 1). Contrary to this letter, in the responseto my defense, the Claimant states that do not have access to a copy of thedefault notice (exhibit2) but it was sent to me back in 2013, I amnot in possesion of this or did I received a copy of this at any time.

5. On the 26^th of April I senta letter to Claimant to enforce the fact that the documents they sent do notmeet the requirements of a true copy or a reconstituted true copy and that Icannot accept they’re documents for obvious reasons.(exhibit 3)
Consumer Credit Act s.78(1) states:
Duty to give information to debtor under running-account credit agreement.(1)Thecreditor under a regulated agreement for running-account credit, within theprescribed period after receiving a request in writing to that effect from thedebtor and payment of a fee of £1, shall give the debtor a copy of the executedagreement (if any) and of any other document referred to in it, together with astatement signed by or on behalf of the creditor showing, according to theinformation to which it is practicable for him to refer,—

(a)thestate of the account, and
(b)theamount, if any currently payable under the agreement by the debtor to the creditor,and
(c)the amounts and due dates of anypayments which, if the debtor does not draw further on the account, will laterbecome payable under the agreement by the debtor to the creditor

6.On the 17^th of June I havereceived a copy of the claim in the post.

7. On the 20^th of June I havemade another formal request to the claimants under the CPR 31.14 to supply mecopies or true copies of the documents mentioned in their statement. (exhibit 4-5)

8. On the 6^th of July I receivedthe same reply stating that all the documents were sent to me on the 22^ndof April. (exhibit 6)

9. The claimant has failed to comply with s77(1) of the Consumer Credit Act1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforced theagreement.

The claimant has provided me with on the 22^ndof April with:

(a) A copy of what they call a credit agreement-this document is a poorattempt at making a reconstituted agreement that has been reconstructed withoutconsideration for the need of producing Terms and Conditions and does notcomply with a CCA request.(exhibit 7)
An agreement or a reconstituted agreement must include :
-my correct name and address as it was when the account was opened
-the original creditor name and address
-the Terms and Conditions relevant to the account when it was opened
-the Terms and Conditions relevant to the account when it was closed
-any other documents mentioned in the Terms and Conditions
(b) A copy of the Notice of assignment




10. In October 2016 the Claimant has beenordered by District Judge Veysey to serve a reply to my defense by 26^thof October2016 (exhibit8)

11. A while later I have received a copy ofthis response and it did include:
(a) A copy of the credit agreement non-compliantwith CCA, Vanquis confirmed that they have no hard copy of the allegedapplication or contract of agreement. (exhibit 7)
(b)A copy of Terms and conditions-these Termsare generic, incomplete, do not include any prescribed Terms per CCA and theyseem to be related to a Grattan account, name that I am not familiar with. (exhibit 9)



12.In the view of the claimants failure tocomply with my request made under s 78 of the Credit Consumer Act 1974 the defendantis unable to enforce the alleged debt and I respectfully ask the court to strikeout this claim.














Statement of Truth

I, xxxx, the Defendant, believe the facts stated within this Witness Statementto be true.


Signed: ________________________________

Dated:

Do you think is ok to send? thank you

[charitynjw]

Re: Proof of identity

If it were me I'd expand a bit more on the previous case which was struck out; somewhere early in the WS just after para #2. (Detail the date, claim no., venue, judge's name & reasons for the claim being struck out).
Include exhibits.
There's no harm in emphasising their previous failed attempt.

[icrina53]

Re: Proof of identity

If it were me I'd expand a bit more on the previous case which was struck out; somewhere early in the WS just after para #2. (Detail the date, claim no., venue, judge's name & reasons for the claim being struck out).
Include exhibits.
There's no harm in emphasising their previous failed attempt.

Any better?2. This is the claimant second attempt atlitigation on the same course of action, the previous claim xxxxx waspreviously struck out by Judge Murray Smith on the 23^rd of February2016 due to the claimant failing to provide evidence. The Claimant states thatthe initial attempt at litigation was struck out due to the fact that theClaimant Solicitors was not invited to make submissions which is completely untrue.The Claimant was given a 45 days’ extension to file all its evidence and theclaim as struck out due to the failure of providing it. The claimant, at thetime, has issued a claim without making the appropriate check with regards tothe identity , and they were unsure they’ve got the right person, refusing todisclose any information that they might have with regards to this matter (exhibit 10)

Is there anything else I cans at about the T&c apart from being incomplete and generic?

[charitynjw]

Re: Proof of identity

Can I ask.......have you been asked yet (by the court) to exchange documents with the claimant & file them with court, or have you only been asked to attend the prelim hearing?

[icrina53]

Re: Proof of identity

Can I ask.......have you been asked yet (by the court) to exchange documents with the claimant & file them with court, or have you only been asked to attend the prelim hearing?

I haven't been asked to exchange documents, I only got a letter saying I need to attend a preliminary hearing on the 20th

[charitynjw]

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.

[icrina53]

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.

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?

[icrina53]

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 .

[Diana M]

Re: Proof of identity

the Judge decided is not an abuse of process Lowell second claim

What reason did the DJ give for his decision?

Di

[icrina53]

Re: Proof of identity

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