ok andy, how is this?

running out of time now.. got to get printing..

1 - I ……… am the defendant in this action and make the following statement in reference to the claim made by Lowell Portfolio 1 LTD as required in the Court’s Order of 5th June 2017.

2 - The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.

3 - All of the exhibits referred to are from the bundle disclosed to me marked DN and their related document numbers can be found at the bottom right hand corner of each page.

14 - On the 21 September 2016 I received a Claim Form from Lowell Portfolio 1 LTD for a debt totalling £1029.68 (Exhibit)

4 - On the 27th September 2016 I made a written request to Lowells Solicitors LTD requesting that the Claimant provides copies of all documents mentioned in their particulars of claim.[EXHIBIT] CPR 31.14

5 - On 28th November Lowells Solicitors LTD replied to my request and enclosed a reconstituted version of the agreement in support of there claim. The agreement they rely upon is deficient of the prescribed contents on which a reconstituted version can be relied upon in when providing a copy of an executed agreement in response to a request under section 78(1) of the Consumer Credit Act 1974(Exhibit). A creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) as agreed to. This is to ensure that it is an honest and accurate copy. The copy the claimant wishes to rely upon does not even contain an account number or even a date and is basically a set of terms and conditions with my name and address typed in and is therefore irrelevant.

9 - Section 65(1) of the Consumer Credit Act 1974 clearly states an improperly executed agreement can only be enforced by court order..(Exhibit) .Section 127(3) states the restrictions on enforcement. .(Exhibit) Therefore the agreement relied upon is improperly executed as it is not in the prescribed form.

15. Within the same letter dated 28th November 2017 (Exhibit) the claimants solisitors admitted that they cannot provide a copy of the default notice and is therefore put to strict proof thereof that a default notice was ever served

17 - A default notice is a required by S 87(1) of the Act (Exhibit) before a creditor can become entitled to take any action in respect of a regulated credit agreement.

18 - Furthermore s 88(1) of the Act (Exhibit) requires that a default notice must be in the prescribed form. The prescribed format for a default notice is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) (Exhibit) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) (Exhibit)

22 - .On the 5th june 2017 district judge ,,,,,,,,,,,,county court ordered that the claim be allocated to small claims and the parties give standard disclosure to all parties by serving copies with a disclosure statement no later than 14 days before the hearing which will be heard on 1st September 2017. (Exhibit)

23 -The Defendant would like to draw to the courts attention to the following matter. The Claimant has failed to supply the Defendant any documents mentioned in their Particulars of claim and which are of central importance to the Claimant’s case. The Defendant asked for the documents via a CPR 31.14 request (Exhibit) which were pleaded in the claim on 21 September 2016 but the Claimant has failed to supply these documents.

Better ......give it a conclusion........

24.Until such time the claimant can comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim and witness statement they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

It is therefore respectfully requested that the court dismiss this claim and costs requested

Then just add the headers (Claimant V Defendant County Court claim Number ) finish with a statement of truth dated

perfect... thanks andy

more or less finished printing the exhibits but couldnt locate section 127 (3) so i just lost the (3)

all done and sent special delivery... phew...

ready for battle on the 1st September 2017

perfect... thanks andy

more or less finished printing the exhibits but couldnt locate section 127 (3) so i just lost the (3)

(3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

It was repealed in the 2006 amendments...but not retrospective to agreements pre april 2007

http://www.legislation.gov.uk/ukpga/1974/39/section/127/enacted

weird... this is what i got http://www.legislation.gov.uk/ukpga/1974/39/section/127 and thats what been printed and sent.

nevermind

You can toggle between the old version and new

Latest available (Revised)

Original (As enacted)

As your agreement is post April 2007...its irrelevant:wink:

You can toggle between the old version and new

 

Latest available (Revised)

Original (As enacted)

 

As your agreement is post April 2007...its irrelevant:wink:

made myself look an idiot then by including it in my WS then... section 65 (1) applies though doesnt it?

if not my whole case will be lack of default notice.

made myself look an idiot then by including it in my WS then... section 65 (1) applies though doesnt it?

if not my whole case will be lack of default notice.

Yes it does apply as does sec 127.b

(a)section 65(1) (improperly executed agreements), or

Yes it does apply as does sec 127.b

 

(a)section 65(1) (improperly executed agreements), or

for pre april 2007 and post april 2007?

for pre april 2007 and post april 2007?

Yes....both are with regards to execution and enforcement of the agreement.....pre and post

no default notice - no case

didn't even need to open my mouth

case dismissed

well done

good result

nice to see no judge lottery playing a part

dx

Well done excellent news...thread title amended to reflect the outcome.

Regards

Andy