scan up the WS And their exhibits to one multipage PDF please

Hi,

I will upload shortly, just having trouble trying to edit the pdf to hide sensitive data.

Hi

Please see attached witness statement of the claimant

Witness.pdf

If i have not deleted any personal details please let me know. I have deleted the amounts and dates which i now know i shouldnt have. If you require these please let me know and i will upload again.

that's a very poor WS IMHO from a debt buyer. anyway

well need the monies and dates back in their account statement please

dx

Hi,

Please see attached account statement. Is there anything that i need to do right now apart from research and prepare for the court date?

For someone who doesnt know the legal system very well, at first glance the claimants witness statement looked well prepared in my eyes, why do you think it is a poor WS? what do you my chances are? any comments on the notice of assignment that the claimant provided, doesnt look an official copy to me?

Account statement.pdf

All witness statements in support of the claims by a DCA rely on CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33#33.2

http://www.legislation.gov.uk/ukpga/1995/38/section/2

Regards

Andy

Hi,

Not sure what this means?

Hi,

Is there anyone that can help me with my case please? My court date is the 6th.

What further assistance to you require Saj ? Not much further to advice now apart from attending the trial.

Andy

Hi

I am just a little worried about the evidence in the claimants witness statement.

What do you think my chances are? any comments on the notice of assignment that the claimant provided, doesnt look an official copy to me?

With all the evidence that they have not sure what my chances are and i am very nervous about attending the case

What in particular worries you ?

Does the NoA contain all the correct details..address...account numbers...dates ..and amounts ?

Andy

Hi,

Yes the NoA contains all the correct details apart from the new reference number which i do not recognise.

What worries me how do i defend my case when the witness statement has all the evidence to prove the claimant owns the debt? If the claimants solicitors turn up at the courts, how can i possibly defend my case?

Well if the NoA does not contain the correct account number then the Notice of Assignment is questionable...and whether the Claimant has a valid claim.?

The account number is correct on NoA, there is also a new account num ref on the NoA which i do not recognise, i am assuming this is lowells reference.

From the claimanslts witness statement is there anything i can argue against? My court hearing is tomorrow.

It must be...but I thought from your post they had changed it and did not put the original number.

Do you think there is anything in the Claimants witness statement you can argue against ?..you have read it and you know the all the details of the agreement/dispute and debt ?

I have advise in post#82 one of the main flaws of witness statements submitted by Assignee's/DCAs when litigating.

Andy

I cannot see anything which i can argue against apart from the NoA which does not appear to have any logos etc. There is the matter of all the evidence in the witness statement, they had months to provide this but supplied everything in the witness statement.

I dont fully understand post 82, i have tried to read up on things but this is all very confusing for me and i am not the most clever person. The only thing i can do now is see how the judge sees the case, if i am asked any questions i will answer otherwise i wont have anything to say.

If the claimant wins the case, will all the case fees be added onto the case? Starting to regret going all the way should have settled the case sooner.

If they win the claim then yes the total amount due will be £634.71...the initial debt was £450...so £180 fees.

It must be noted that we have yet to see any Lowell claim that succeeds on a catalogue debt...the paperwork is simply invalid.

But it does not look like your willing to put much fight into this Saj so better going with my next proposal.......

There is nothing to stop you talking to their Legal representative before you go into court and try to agree a settlement...assuming they even turn up.

Regards

Andy

Hi,

An update,

after a long morning i decided to attend the court hearing.

The claimants representative turned up at the case.

The judge dismissed the case based on the fact that no default notice was provided.

The claimants solicitor said she could provide this within 14 days

and the judge said no it should have been provided at the case hearing.

As i was leaving the courts,

the claimants solicitor approached me and said i only work for solicitors but they will reopen the case once they get the default notice.

I also spoke to one of the court staff regarding the negative information on my credit file( default)

i was told to come back tomorrow and there is a form i can fill in to get the default removed,

is this correct?

Thank you to all who have helped me.

well done you won

never heard of any court form to wipe credit files

dx

They will have a job " re opening " a struck out claim........

Well done Saj..bet your glad you did decide to attend..otherwise they would have won...default notice or not.

Thread title amended to reflect the outcome...

Regards

Andy

I am glad, thank you andy and dx for your help.

In terms of the default that is on ny credit file in the name of lowell, is their any chance of getting this removed seeing as the case has been struck out?.

no

the OC placed it when they sold the debt

lowells name was simply substituted inplace of the OC when they purchased all the rights.

the only way would be to prove SD were wrong to place it.

oh and what a change to the poster that came here in November

every other post was

I wanna pay the dca i'll lose!!

i'm scared!!

dx

Hi,

I got a letter from lowell stating they are going to close my case and remove all negative information from credit file.

I have checked my credit file with clear score and the lowell account is no longer there. I checked with mse credit club and the default has now changed to default/ended, what does this mean?

dunno never heard of that.

but as they've said it would be wiped

then it shouldn't be mentioning the word default,

dx