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andrew1402

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About andrew1402

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  1. UPDATE. discontinued by Lowell donations will be arriving soon thank you Andy and Dx for putting up with me
  2. wouldn't my defence be struck out though if court don't receive my WS by 20th January though?
  3. what if they don't send one? status at court is as follows 1.A claim was issued against you on 8/8/19 2.your acknowledgment of service was submitted on 10/08/19 3.your acknowledgment of service received on 12/09/19 4. your defence was received on 3/09/19 5.DQ sent to you on 21/09/19 6.DQ filed by claimant on 21/09/19 7.you filed a DQ on 17/10/19 8.your claim was transferred to Manchester on 14/11/19 that's it so far
  4. ok I don't know if this any good as a WS but here goes . This is my witness statement to back up my defence. 1. I received the claim from the Northampton County Court dated 08/08 2019. 2. Each and every allegation in the Claimants’ statement of case is denied unless specifically admitted in this Defence. 3. This claim appears to be for a domestic utilities supply agreement. 4. The Claimants’ statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 5. The Claimants’ statement of case states that the account was assigned from Eon Energy Solutions to Lowell Portfolio. The Defendant does not recall receiving an authentic notice of this assignment from the original creditor - the version provided by the Claimant appears not to be an authentic document from the original copy. 6. On the 11/08/ 2019 I sent a CPR 31.14. I requested the Claimant provide copies of the contract / agreement (the “Agreement”) between Eon Energy Solutions and the Defendant, terms and conditions of said contract, the Deed of Assignment, the Notice of Assignment, Default Notice, statements of the account, and all other documents or date they intend to use as e Eon and the Defendant, terms and conditions of said contract, of Assignment, the Notice of Assignment and of the Default Notice. Any information related to the Defendant and the said supply and service agreement. I requested true copies of the original contract / agreement, along with its terms and conditions, statements to show usage and payments against the account, the notice of default, notice of cancellation/termination of the account, notice of assignment, and any notes, memos, transcripts on file related to the account. 7. On 28/08/2019 I received a response from Lowell Solicitors. The Claimant refuses to provide a copy of the original contract / agreement ( the “Agreement”) and is refusing to request a copy from the original creditor. 8.Lowell Solicitors have provided copies of the Notice of Assignment, and a copy of a "final bill" from Eon energy Solutions dated 17/06/2014, but have not responded to my CPR 31.14 request, nor have they provided any other documents that I requested I request the court orders the Claimant to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. Signed dated
  5. Thanks Tbirdo very much appreciated finding that gem but the guy didn't have a witness statement so do I risk not making one and see what April brings when they need to pay the court ? or do I continue searching for other threads which might have a WS similar to case
  6. Truth is I don't know how to word it letter writing has never been my strongest thing
  7. thanks tbirdo and apologise but I honestly don't know what to put I've never had to write a witness statement before and been advise to follow this witness statement but noticed it said creditors EON isn't a creditor shows how much I know
  8. amended version After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount. A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent 11/08/2019 via Royal Mail signed for and shows as received 26/08/2018. A Request for the following documents was made: · The Demand/Termination Notice (Notice served under section 76(1) and 98(1) of the CCA 1974. · Notices of sums in arrears under running account credit CCA 2006 sec 86C. · Notice of assignment · A statement of account The documents that were finally received do not meet the criteria set out in section 61 B of the CCA 1974 To date No Demand/Termination Notice has ever been produced, no Notices of Sums in arrears has ever been produced. The notice of assignment does not appear to be an original, but a reconstruction of the original and no original has ever been received, the statement of account appears to be a generic copy and only start from 2014. A Section 77 request was sent on 11/08/2019 via royal mail signed for and shows as received 12/08/2019. The claimant to date has failed to comply to my Section 77 request. The Claimant acknowledged by letter dated 26/08/2019 they were unable to supply a copy of the Credit agreement and have acknowledged that they are unable to enforce litigation action. The claimant claims to have issued a Default Notice, and failed to mention a date that this was issued. I would like to point out that the claimant could not have possibly issued a Default Notice as they only bought the debt in 15/05/2019 and as far as I can recall any breach with the original creditor would have been on or around 2014. The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment. I sought clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on 11/08/2019 and shows as received signed for 12/08/2019.The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant. This claim bought by the claimant is without merit and an abuse of court process. The claimant holds no valid documentation that can substantiate their claim this being:- · No Termination Notice · No Credit agreement and acknowledge they cannot supply one, and acknowledge that they are unable to enforce. · No valid default Notice · A Reconstituted Notice of assignment It would be far gracious and forthright for the claimant to admit that all the paperwork is a collection of copy and pastes in an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on. I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce. Having regard to the above it is respectfully requested that the claimants application is denied. I believe that the that the facts stated in the witness state are true Signed Dated 11/01/2020
  9. here is my attempt. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to. I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request and a request pursuant to sec 61 B of the CCA1974 for the amalgamated alleged amount. A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent 11/08/2019 via Royal Mail signed for and shows as received 29/11/2018. A Request for the following documents was made: · The Demand/Termination Notice (Notice served under section 76(1) and 98(1) of the CCA 1974. · Notices of sums in arrears under running account credit CCA 2006 sec 86C. · Notice of assignment · A statement of account The documents that were finally received do not meet the criteria set out in section 61 B of the CCA 1974 To date No Demand/Termination Notice has ever been produced, no Notices of Sums in arrears has ever been produced. The notice of assignment does not appear to be an original, but a reconstruction of the original and no original has ever been received, the statement of account seems only a final bill and nothing to clarify previous bills owing to the amount requested A Section 77 request was sent on 11/08/2019 via royal mail signed for and shows as received 12/08/2018. The claimant to date has failed to comply to my Section 77 request. The Claimant acknowledged by letter dated 26/08/2019 they were unable to supply a copy of the Credit agreement and have acknowledged that they are unable to enforce litigation action. The claimant claims to have issued a Default Notice, and failed to mention a date that this was issued. I would like to point out that the claimant could not have possibly issued a Default Notice as they only bought the debt in xx/xx/2016 and as far as I can recall any breach with the original creditor would have been on or around 2009. The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment. I sought clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on 11/08/2019 and shows as received signed for 28/11/2018.The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant. This claim bought by the claimant is without merit and an abuse of court process. The claimant holds no valid documentation that can substantiate their claim this being:- · No Termination Notice · No Credit agreement and acknowledge they cannot supply one, and acknowledge that they are unable to enforce. · No valid default Notice · A Reconstituted Notice of assignment It would be far gracious and forthright for the claimant to admit that all the paperwork is a collection of copy and pastes in an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on. I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce. Having regard to the above it is respectfully requested that the claimants application is denied. I believe that the that the facts stated in the witness state are true Signed Dated 11/01/2019
  10. but I don't even know where to start on the witness statement this is stressing us out amongst other things i'm struggling to sleep think of giving up to be honest and go for tomlin order agreement with only 9 days to get everything order
  11. it does seem very identicle to mine but what I still don't get in all this is the fact my wife maybe going to the hearing under Miss and completely different surname when the account was in married name
  12. I wouldnt know where to start in our case as the defence covers it apart from CPR 31.14 request I've never had to do a statement in my life
  13. sorry but can't find any witness statements or even a template of one I could use but here is the details of court hearing PDFsam_merge.pdf
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