Please post the letter but on the basis of what has been happening here, you should refuse, tell them that it is SB and you look forward to seeing the evidence to the contrary that they present in court

Received a letter today from Northampton County Court.....

Standard response once mediation has failed...await your Notice of Allocation next...follow the directions and dates contained therein.

Andy

Just received my allocation letter for 15th May 2015 Bradford Hearing Centre.....

Look closely at the directions and what you must do in preparation for trial...normally this will be standard disclosure and submitting and exchanging witness statements with the claimant.

Dont miss the dates

Andy

Hello Andy what type of statements, I entered my defence online is there anything else I have to send....

Most claims involve submitting a witness statement if directed by the court...a WS is not a defence...its a supplemental submission in your own words to support your defence.

Can you help me put one together Andy based on all the information I have given on this site please.....

Does your Notice of Allocation direct it?

Don't really know Andy can you advise please.....

Yes read the last 3 paras before the box at the bottom... All Parties..... you must serve it 14 days before the trial (15th May)

So what do I send then Andy and who to, is it the court and Carter....

Yes you will serve your disclosure list and witness statement simultaneously with the court and claimant by the date stated (this is anything you wish to rely on or have referred to in your defence/witness statement) CPR /CCA requests and any responses.

Your witness statement as stated is a particularised version in your own words of the claim summary (Your Defence)....search witness statements in the search box to get an idea of form content and layout.

Have a go at drafting it and post here...we can then verify check and tweak if necessary.

Regards

Andy

IN THE NORTHAMPTON COUNTY COURT

Claim No. ...........

BETWEEN:

Claimant

Lowell Portfolio Ltd

AND

Defendant

Mr .............

_________________________________

WITNESS STATEMENT OF MR

_________________________________

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

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

1. On or around the 12th December 2014, I received a claims form from the County Court Business Centre, Northampton, for the amount of £818.82.

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that this claim is for “an agreement between the original creditor and the defendant to provide financial and/or services and/or goods”. I have no idea what this is.

5. On 2nd January I contacted Bryan Carter Solicitor explaining that the Limitation Act 1980 Section 5 exempts the above due to the six years rule.

6. On 6th January 2015 Bryan Carter Solicitors replied that the account was not statute barred. [EXHIBIT C]

5. On 15th December 2014 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].

6. On the 12th January 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 [EXHIBIT B].

8. I have not received any of the documents mentioned in the claimants claim form.

9. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

10. The Claimants pleaded case is that the Defendant entered into an agreement with Halifax under account reference number .........

I am uncertain as to which account this refers to. It is accepted that I have had banking products with Halifax in the past

however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement

relied upon by the Claimant to be able to accurately identify to what the claim refers.

Statement of Truth

I, ........., the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated: ________________________________

************************************************** *******************************************

Any good Andy

IN THE NORTHAMPTON COUNTY COURT

Claim No. ...........

BETWEEN:

Claimant

Lowell Portfolio Ltd

 

AND

Defendant

Mr .............

_________________________________

 

WITNESS STATEMENT OF MR

_________________________________

 

 

 

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

 

I make this Witness Statement in support of my defence to this claim.

 

1. On or around the 12th December 2014, I received a claims form from the County Court Business Centre, Northampton, for the amount of £818.82.

 

2. The particulars of claim fail to detail when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

 

3. The particulars of claim fail to state when the agreement was entered into.

 

4. The particulars of claim state that this claim is for “an agreement between the original creditor and the defendant to provide financial and/or services and/or goods”. I have no idea what the claimant is referring to.

 

5. On 2nd January I contacted Bryan Carter Solicitor explaining that the Limitation Act 1980 Section 5 exempts the above due to the six years rule.

 

6. On 6th January 2015 Bryan Carter Solicitors replied that the account was not statute barred. [EXHIBIT C]

 

5. On 15th December 2014 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. CPR 31.14

 

6. On the 12th January 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 [EXHIBIT B].Remove as section 77/78 does not apply to overdrafts

 

8. I have not received any of the documents mentioned in the claimants claim form.

 

9. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my efforts to seek clarification and inspect these documents.

 

10. The Claimants pleaded case is that the Defendant entered into an agreement with Halifax under account reference number .........

 

I am uncertain as to which account this refers to. It is accepted that I have had banking products with Halifax in the past

however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement or Facility Notice

relied upon by the Claimant to be able to accurately identify to what the claimants claim relies on.

 

Statement of Truth

 

I, ........., the Defendant, believe the facts stated within this Witness Statement to be true.

 

Signed: ________________________________

 

Dated: ________________________________

 

************************************************** *******************************************

Any good Andy

Amendments in red yorkie...Im just a little concerned that you plead no knowledge of said debt yet you state that you informed Mr Carter that its Statute Barred...therefore you do know what it is.

So points 5 & 6 needs attention and needs to be re drafted.....Ill come back to that later

Also if this is a current account there is no such thing as a default notice...it is a recall demand notice .....Notice served under Sections 76(1) and 98(1) of the CCA1974

Regards

Andy

Andy someone on this site told me that it was statute barred and I had no dispute with them because I haven't used the account for a lot of years.....

Do I send the papers to the court where the hearing is taking place please Andy.......

The last time I used this Halifax Account was February 2007, I know this for certain because I was on benefits and I wrote to my local office for a change of bank...

from post 32

Do I send the papers to the court where the hearing is taking place please Andy.......

You serve a copy on the claimant and the court which is now dealing with your claim...along with your standard disclosure.

If the debt is statute barred...then the above would require a total re draft...dont submit anything until I get chance to re draft it.

Andy

Thanks again Andy I will await your advice....

Just bump your thread and give me a nudge as the submission dates approaches yorkie.

Regards

Andy

[ATTACH=CONFIG]56837[/ATTACH]Hello again Andy,

I am uploading an email reply from Carter,

can you peruse it and maybe give a little more advice please,

I am a little worried that I may miss the deadline or even forget about contacting you again as I have a terrible memory....

Dont worry about that...they may have only defaulted on that date...but the account has been dormant since 2008...if they wish to misreport information to the ICO and CRAs.

From the ICO website ... " we still expect the CRAs to take reasonable measures to ensure the information that is reported by lenders via their credit files is accurate ".

http://www.scoronline.co.uk/files/scor/high_level_prinicples_document_final.pdf

You proceed to argue the Statute of Limitations...they will have to explain why the OC cause of action and default recording is inaccurate.(by almost 3 years)

Andy

Your exhibit C PDF isn't fully redacted. Your email address appears on page 3.

I am at a loss now Andy, as I was first putting together my witness statement and adding my letter exhibits but I seem to have lost the plot, what do I now need to send to court and to Carter please