Lowell Portfolio I Ltd v dasher13

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Thank you all.

I have to confess that a lot of this is going over my head - not embarrassed to say it as not an expert like all of you and am just eternally grateful.

Nem - I will post the terms and conditions so they are readable. Sorry they were not the first time round.

R0b - I have two days off work to do the witness statement but do not know where or how to start - is there any guidance or a template that I can refer to? I do not mean to keep asking for help and am really grateful...really, really grateful for all of your help so far. I need to stop saying that don't I I think you all get it.

I will email Lowell now asking for a copy of the defence. Is it worth pointing out all of the seeming lies and errors on what they have submitted to the court in the hope they know they have been rumbled and drop all this?

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

See m post #99 on page 3 I attached a sample witness statement layout - there are some pointers there but start off with a background heading, then possibly another heading on commencement of legal proceedings highlighting some of their failures and refer to correspondence of those failings and they've ignored you when asking for copies of information. Perhaps another subheading after about the Lowell's evidence and comment on what you have said about the anomalies of the letters and credit agreement.

Finally a summary on it all e.g. they have failed to comply with the CPR on a number of occasions, did not include their evidence upon request despite repeatedly asking for it. Only when you decided to counterclaim there suddenly provided copies of the purported documents but still missing a default notice. The other documents have serious flaws and you do not believe they are authentic.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

By the way is it 14 working days or just 14 days to get the witness statement in? If it is 14 working days I think I have to do it today.

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Hi R0b - got the template thank you.

Will do it now and post it if that's ok for advice as to if it is right?

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

As for the email, it depends how you want to play it ut with Lowell, you could ask for a copy of the defence they filed at court and expect to receive within the next 48 hours given the hearing is on 19 December. You could also make reference to the fact you have considered their evidence such as the NOA and credit agreement and have noticed a number of flaws and anomalies, which is not verified by someone at Capital One that it is the correct agreement despite the account numbers being different. You believe that their actions could potentially amount to fraud and you will be making the court aware of the numerous issues, which is also misleading the court - don't tell them what they are though, keep it vague.

You should also put them on notice that the Witness Statement is non compliant and you will be seeking to strike out all if not most of it at the trial.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Terms and conditions...part 1

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

terms and conditions part 2/3

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

terms and conditions part 3/3

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I will scan these the first chance I get also as appreciate taking photos is not great. They are in two columns on two pages so hope it makes sense and I have done this right.

Thanks again Nem for looking at this.

[nemesis45]

Re: Lowell Portfolio I Ltd v dasher13

terms and conditions part 3/3

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I will scan these the first chance I get also as appreciate taking photos is not great. They are in two columns on two pages so hope it makes sense and I have done this right.

Thanks again Nem for looking at this.

Happy to help dasher!

Now yes that's readable what you should do now is examine each page carefully look for any terms and conditions that are referred to but are not on the agreement, these are often at the top of a page and refer to the full T's & C's that Capone sends out in booklet form when a card is issued.
Also does this alleged agreement have your name and address as it was when the account was opened. ( What is the start date?)

nem

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi Nem - yes my name and address are on it and the start date is listed as 6/8/11 which is a lie. The only Cap 1 account I had was opened before that.

Sorry bit confused as to what to look for in the terms and conditions - sorry...

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

[MENTION=71570]R0b[/MENTION]

Michael Woodburn's linkedin profile says he left that role in 2014 to work for another company, yet the assignment letter says it transferred in 2015 which again confirms an inconsistency and perhaps it has been lifted elsewhere. Otherwise this all amounts to fraud and is a serious offence.

http://www.bloomberg.com/profiles/pe...chael-woodburn
(Per post #117)

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Sorry R0b - I think you have referred to this before but for the purpose of the hearing and my witness statement I am the defendant and Lowell the claimant? I have a counterclaim in but I am still the defendant?

[nemesis45]

Re: Lowell Portfolio I Ltd v dasher13

Hi Nem - yes my name and address are on it and the start date is listed as 6/8/11 which is a lie. The only Cap 1 account I had was opened before that.

Sorry bit confused as to what to look for in the terms and conditions - sorry...

Hello Dasher, Capital One always send out a booklet of the full terms and conditions when the card is issued, and agreements such as you have and reference is made to the terms and conditions in that booklet.

How was this " agreement " referred to as a Copy of the Original Agreement or a reconstituted agreement?

nem

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Sorry all just noticed something else - in the witness statement from Lowell it states that my account with Capital One on the 8/8/11 but the credit agreement they have provided and submitted to the court is dated 6/8/11.

Is this significant - another cock up by them in their fictitious concoctions??

It also says in the witness statement that upon my breach of the terms of the account the cause of action was subject to a legal assignment on 28/8/14 but the apparent letter from Cap 1 they have submitted to the court which is dated 16/7/15 states that Cap 1 sold my account to Lowell on 24/6/15.

This all does not add up!

[nemesis45]

Re: Lowell Portfolio I Ltd v dasher13

Sorry all just noticed something else - in the witness statement from Lowell it states that my account with Capital One on the 8/8/11 but the credit agreement they have provided and submitted to the court is dated 6/8/11.

Is this significant - another cock up by them in their fictitious concoctions??

It also says in the witness statement that upon my breach of the terms of the account the cause of action was subject to a legal assignment on 28/8/14 but the apparent letter from Cap 1 they have submitted to the court which is dated 16/7/15 states that Cap 1 sold my account to Lowell on 24/6/15.

This all does not add up!

This is Lowell Solicitors? Certainly sounds like it with all these inconsistencies.

Dasher check your credit files for these dates Noddle and Clear Score are free online.
This agreement becomes more suspect all the time, there's also your feeling that your Capone account was opened earlier than this one.

nem

nem

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi Nem - on Clearscore there is an account for Lowell listed under closed accounts which states it was opened on 8/8/11 - different to the 6/8/11 on the credit agreement they have provided...

On Clearscore there is not a Cap 1 account listed as closed, or open for that matter, but everything else is on there.