Your happy with the wording because I was concerned that the judge would think I'm putting in my opinion instead of fact? Thank you again Andy for taking the time to respond,once this is over I will be making a donation to this amazing site, how much will depend on the outcome of this case (fingers crossed) Macker16

Hi, I know your all really busy but can somebody have a read of my WS to see if it's ok to send with the 2 additional paragraphs that I've added in about the Notice of assignment and the wording of it. Many thanks for any advice and sorry for keep asking you to keep checking it. Hope to get it sent today. Macker16

Hi Witness statement with the added paragraphs in, is this ok? Thank you in advance for checking it over, hoping to have it sent off tomorrow. Macker16 I make this Witness Statement in support of my 2 defences dated 13 July 2017 and 20 November 2017 and in response to the claimants claim dated 12 June 2017 which was submitted through the County Court Business Centre. 1. It is my understanding the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masses as portfolios at a much reduced cost of the amount claimed….10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditor. The claimant then issues claims en masses with little or not evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts(or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information) The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. Background Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Vanquis. On receipt of this claim form I could not recall the exact details of any agreement or debt and therefore reasonably sought clarity and information from the claimant On the 4 July 2017 I formally requested via CPR18 and s.78 CCA 1974 (see exhibits 1a/1b) A copy of the original agreement A statement of account A copy of the Terms and Conditions as applicable at the time of the agreement A copy of the Default Notice/termination notice A copy of the Notice of Assignment showing the claimants legal right to take action Having made a claim the above data should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion. 4. Disclosures The claimant did not respond to any of my requests made on the 4 July 2017 and has not provided all the documentation that was requested on the court order 4 October 2017. (see exhibits 1c) The claimant has failed to provide the original agreement and terms and conditions. The Claimant has only provided a copy of an on screen Digital Signature Application details which cannot be regarded as a copy of the Original Executed Credit Agreement pursuant to section 78 of the CCA1974 or sections 60 and 61 and 61A of the CCA1974 and therefore the claimant is prevented from relying on this disclosure as the basis of a Credit Agreement and is therefore unable to enforce this document as a Credit Agreement pursuant to section 127.1..... ( za)section 55(2) (disclosure of information), or (a)section 65(1) (improperly executed agreements) And is also devoid of any Terms and Conditions. (see exhibit 1d)) I have received a document claiming to be the ‘default notice’ however it is highly inconsistent in that it is not on headed notepaper, it contains no formal company information e.g company numbers and is not in the same format of other letters sent e.g letter from Vanquis dated 22 September 2016. (see exhibit 1e) The Notice of Assignment I have received from Vanquis dated 22 September 2016 is printed on the company’s headed paper and I believe this to be the original document. (see exbibit 1f). On the 10 July 2017 the Claimant has sent what they claim to be the Notice of Assignment which is not on any company headed paper and is in a different format, I do not believe this is the original document. (see exhibit 1g) 5. Conclusion The claimant has failed to comply with my formal requests on the 4 July 2017. The claimant has not provided all the documentation that was requested by the court on the 4 October 2017 and I can only presume that the claimant does not have the legally required original agreement and terms and conditions and has merely tried to obtain an undefended default judgement. I believe that the facts stated in this witness statement are true

And this paragraph about the genuine notice of assignment.

Is the wording below ok to put in? On the 10 July 2017 the Claimant has sent what they claim to be the Notice of Assignment which is not on any company headed paper and is in a different format, I do not believe this is the genuine document. (see exhibit 1g). I have submitted exhibit 1g to support my claim that the default notice that the Claimant has sent (exhibit 1e) is not the original default notice and has been produced by the Claimant.

Hi Andy thank you for replying , the order did say original documents and the default notice I have is just on blank paper. When looking through my documents that I've received I noticed that I have two Notice of Assignments, 1 from Vanquis on official headed paper and then the same notice of assignment copied word for word that lowells sent that is on blank paper and in different font and didn't know if I should put that in to prove that the default has been produced by Lowells as has the 2nd copy of the Notice of assignment. Thank you on advance for any advice you can give. Macker16

Hi Can anyone give some advice on my last post on whether I should add it to my WS? Many thanks Macker16

Hi, I added another bit on as i've been doing some reading on the forum and some posts have talked about the claimant being able to send a reconstituted document if the original has been sent so i thought i would add some extra in so that the judge is clear as to why i am putting it in. I just want to prove that the claimant has produced the Default Notice, and the notice of assignment also being on blank paper helps me do this but not sure if i am wording it correctly. On the 10 July 2017 the Claimant has sent what they claim to be the Notice of Assignment which is not on any company headed paper and is in a different format, I do not believe this is the genuine document. (see exhibit 1g). I have submitted exhibit 1g to support my claim that the default notice that the Claimant has sent (exhibit 1e) is not the original default notice and has been produced by the Claimant. Macker16

Hi If you agree that i can add it in to strengthen my claim that the default notice has been produced by the Claimant then i have added the following: The Notice of Assignment I have received from Vanquis dated 22 September 2016 is printed on the company’s headed paper and I believe this to be a genuine document. (see exbibit 1f). On the 10 July 2017 the Claimant has sent what they claim to be the Notice of Assignment which is not on any company headed paper and is in a different format, I do not believe this is the genuine document. (see exhibit 1g) I'm not sure if i should add it in to the bit about the default notice or leave it seperate? What do you think? Macker16

Also, got a bit of a problem. I cant find the original court order dated 4 October, i've only got the copy that i scanned in which has my personal info removed, will the courts still accept this? Do you think that i would stengthen my claim that it is not the original default notice and that Lowells have produced the document themselves?

I need some further advice regarding the notice of assignment. I have just found the original notice of assignment that was sent from Vanquis which was sent on official headed paper and then i have another notice of assignment that has been sent from Lowells that is then copied word for word but not on any headed paper and in a different font (the same as the default notice) Which now makes me question more that Lowells have typed the non headed Default Notice and Notice of Assignment. My question is.......should i disclose the 2 different Notice of Assignments that i have. I also i a letter from Lowells Solicitors confirming they have enclosed the Notice of Assignment. Macker16

Me again With regards to signing the WS, do i have to sign the copy of the WS that i am sending the claimant? Many thanks Macker16

Thank you Andy

Hi I've made the changes you've kindly advised, is this now ok to send? Also do i need to send my defence again? I make this Witness Statement in support of my 2 defences dated 13 July 2017 and 20 November 2017 and in response to the claimants claim dated 12 June 2017 which was submitted through the County Court Business Centre. 1. It is my understanding the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masses as portfolios at a much reduced cost of the amount claimed….10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditor. The claimant then issues claims en masses with little or not evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts(or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information) The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. Background Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Vanquis. On receipt of this claim form I could not recall the exact details of any agreement or debt and therefore reasonably sought clarity and information from the claimant On the 4 July 2017 I formally requested via CPR18 and s.78 CCA 1974:(see exhibit 1a/1b) A copy of the original agreement A statement of account A copy of the Terms and Conditions as applicable at the time of the agreement A copy of the Default Notice/termination notice A copy of the Notice of Assignment showing the claimants legal right to take action Having made a claim the above date should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion. 4. Disclosures The claimant did not respond to any of my requests made on the 4 July 2017 and has not provided all the documentation that was requested on the court order 4 October 2017. (see exhibit 1c) The claimant has failed to provide the original agreement and terms and conditions. The Claimant has only provided a copy of an on screen Digital Signature Application details which cannot be regarded as a copy of the Original Executed Credit Agreement pursuant to section 78 of the CCA1974 or sections 60 and 61 and 61A of the CCA1974 and therefore the claimant is prevented from relying on this disclosure as the basis of a Credit Agreement and is therefore unable to enforce this document as a Credit Agreement pursuant to section 127.1..... (see exhibit 1d) ( za)section 55(2) (disclosure of information), or (a)section 65(1) (improperly executed agreements) And is also devoid of any Terms and Conditions. I have received a document claiming to be the ‘default notice’ however it is highly inconsistent in that it is not on headed notepaper, it contains no formal company information e.g company numbers and is not in the same format of other letters sent e.g letter from Vanquis dated 22 September 2016. 5. Conclusion The claimant has failed to comply with my formal requests on the 4 July 2017. The claimant has not provided all the documentation that was requested by the court on the 4 October 2017 and I can only presume that the claimant does not have the legally required original agreement and terms and conditions and has merely tried to obtain an undefended default judgement. I believe that the facts stated in this witness statement are true. Signed ______________________ Date ______________________ Many thanks Macker16

I didn't know I could put that in, thank you Andy. I'll also add that in and then upload again. Macker16

Thanks for the reply Andy. I will change it from s77 to 78 (I was using some info from another post on this forum) Your right I have nothing to dispute this debt with which is a big problem. The only thing I can do is hang on to the hope that if they had the original credit agreement then surely they would have submitted it with the other documents when the courts requested them on the 4 October. Do you the courts take it seriously that the claimant does not have the credit agreement or terms and conditions, all they sent was the online digital application (copy previously uploaded) which they say I would have put a tick in a box to accept the terms and conditions? Macker16

Hi I've contacted the court and they have paid the fee so looks like it is going ahead. The hearing date is the 2 May, so witness statement to be filed by the 19 April? And do I send a copy of the CCA request and cpr18? Also the default notice that is not on any headed paper and in various fonts.....do I send a copy of that as well as I've maDe reference to it in my state. Is the WS ok to send? Macker16

Hi Would somebody be kind enough to have a read through my WS, will this be ok to send? When i send the WS do i send a copy of the CCA and CPR18 as well? I make this Witness Statement in support of my 2 defences dated 13 July 2017 and 20 November 2017 and in response to the claimants claim dated 12 June 2017 which was submitted through the County Court Business Centre. 1. It is my understanding the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought en masses as portfolios at a much reduced cost of the amount claimed….10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditor. The claimant then issues claims en masses with little or not evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts(or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information) The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. Background Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Vanquis. On receipt of this claim form I could not recall the exact details of any agreement or debt and therefore reasonably sought clarity and information from the claimant. On the 4 July 2017 I formally requested via CPR18 and s.77 CCA 1974: A copy of the original agreement A statement of account A copy of the Terms and Conditions as applicable at the time of the agreement A copy of the Default Notice/termination notice A copy of the Notice of Assignment showing the claimants legal right to take action Having made a claim, the above date should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion. 4. Disclosures The claimant did not respond to any of my requests made on the 4 July 2017 and has not provided all the documentation that was requested on the court order 4 October 2017. The claimant has failed to provide the original agreement and terms and conditions. I have received a document claiming to be the ‘default notice’ however it is highly inconsistent in that it is not on headed notepaper, it contains no formal company information e.g company numbers and is not in the same format of other letters sent e.g letter from Vanquis dated 22 September 2016. 5. Conclusion The claimant has failed to comply with my formal requests on the 4 July 2017. The claimant has not provided all the documentation that was requested by the court on the 4 October 2017 and I can only presume that the claimant does not have the legally required original agreement and terms and conditions and has merely tried to obtain an undefended default judgement. I believe that the facts stated in this witness statement are true. Signed ______________________ Date ______________________ Many thanks Macker16

Thank you, I'll have a look.

Do I put that in my WS or is there a form that I use?

Thanks for your reply dx100uk, what I'm confused about is the documents that I need to send the claimant and the courts as the only documents I've received are the ones that I've requested the claimant to provide as evidence??

Hi I have now received a hearing date for this claim, letter attached. The letter that i received on the 19 Feb said about doing WS but this letter says nothing about a WS it just mentions about the documents that i will rely on in court. What does it mean about the documents i will rely on in court. Obviously i am reliant on the evidence that the claimant has provided or am i completely thinking about this in the wrong way. Thank you in advance for any advice that can be given with this claim, this is the last of 3 and what i consider to be the hardest one as they have provided all the documents that i have asked for so really dreading the court date for this one macker16 lowells 2 may 18.pdf

Hi Just to update you that this claim has now been stayed. I contacted Northampton Court as I hadn't heard anything since they confirmed they had received my defence and was pleased to then be told the claim has been stayed.......will wait and see if anything else happens.

Fair enough

Will do, will this now be removed from my credit file?