Jump to content

bloodline67

Registered Users

Change your profile picture
  • Posts

    159
  • Joined

  • Last visited

Everything posted by bloodline67

  1. Thanks for the replies. So it’s probably safe to ignore then without a default notice?
  2. i can’t remember if it was last year or early this year but I had a court claim sent to me regarding an Aqua card debit, I filled my defence with the court and heard nothing but on checking found that it had been stayed. According to the letter I’ve received today Reston’s sent a letter and documents to me in March which I’ve yet to find. In the letter I’ve received today they’ve supplied a ton of documents containing the following: latest applicable terms and conditions relating to the account prior to it being terminated statement of account covering periods between Nov 2016 and Feb 2018 annual statement from Aug 2016 to Sept 2017 notice of sums in arrears dated Sept 2017, Nov 2017 and Jan 2018 notice of default sums dated July 2017, Aug 2017, Oct 2017 and Nov 2017 a screen shot from the original creditors case management system, confirming that a default notice was issued in Sept 2017 I’ve attached a copy of the last one because as far as I can see it doesn’t actually show anything meaningful. Do you think that they have enough to actually get the stay lifted or are they trying to call my bluff so that I fill out the N9A form to withdraw my defence? Untitled 4.pdf
  3. Good news, received a letter from Lowell’s today discontinuing the case. Thank you all for your help
  4. Thanks Andy. this might sound a silly question but what is the request ?
  5. I stated during the mediation session that my email was to be used for just sending me the documents and nothing else, to which they agreed.
  6. But they haven’t sent their WS yet and I need to post this tomorrow
  7. Is this ok to send then? And do I need to included copies of the cc agreement?
  8. Hi, I’ve done my best to do a witness statement, please give me your feedback. also whilst checking my documents within the Tomlin letter from Lowell’s I found copies of the same documents that they emailed me, the cc agreement though is virtually unreadable, also the is no name, address or account number on it, I’ve also uploaded this for you to see too. The letter also says they are contacting the Assignor for copies of the default notice which once received they will forward onto me. one last question, does the information they have in closed with the Tomlin letter constitute their court documents or should that be a separate letter? IN THE ******* county court Claim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim.The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2(1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act(1974). 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. Lowell solicitors have failed to produce a valid default notice, It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. 4. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.(See Exhibit 1A) 5. On the xxxxxxx 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 78 of the Consumer Credit Act 1974.(See exhibit 1B) The claimant has since disclosed a copy of the application which purports to be the agreement and which its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. Furthermore there is no name, address or account number on the credit. (See Exhibit 1C) 6.Until such time the claimant can comply and disclose a true executed copy of the agreement and default notice they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. 7.In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______ Cc_agreement_.pdf
  9. I’ve been hunting round on the forums looking for a rough guide on how to write out my statement, is this one ok to use as a template? IN THE ******* county courtClaim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment 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 the 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. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago.3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. 6. On the xxxxxxx 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 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974.  The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case.7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]
  10. Thanks Andy, so I should base mine on the documents they emailed me? I’m a bit wary of posting my statement on here just in case Lowell’s see it, do they check these forums or am I being a bit paranoid?
  11. I’ve still not received any documents from Lowell’s yet, I thought they were supposed to send them to all parties 14 days before the court hearing? The hearings is on the 8th August and I wanted to check what they emailed me was the same as what they were supposed to post to me for my defence. Do I just sit tight and wait? Time is running out quick now and I’m getting a bit worried.
  12. Just a quick update, finally got through to the court and they have confirmed that Lowell’s have paid the court fees.
  13. Thank you so much for your reply Andy I really appreciate it. As the court is fast approaching I’m finding it increasingly stressful and difficult to concentrate trying to find the answers hence why I asked for help. I hate being this way and asking for help but I feel like I’m in over my head. I feel like I have a little bit of breathing space now knowing that it’s not just seven days. I wanted to wait and see what documents they were going to send to see if they were the same as the ones they emailed me, then I can decide if going to court is the right thing, what do you think? once again thank you for your reply
  14. Thanks for nothing dx, I’ve questioned your attitude before and to be honest it is unhelpful and sometimes down right rude. I thought this forum was for helping people but obviously I was wrong. For someone with mental health issues, such as myself, asking for help can be the hardest thing to do, as can trawling through what seems like hundreds of posts trying to find the answers. I have no idea what to do so I’m going to give up and just pay.
  15. Thanks for the reply dx, I was just hoping for some individual advice
  16. I’ve now had a letter from Lowell’s solicitors offering me the option to settle by way of a Tomlin Order which I need to reply to in seven days or else they’ll pay for the court hearing. Any advice?
  17. Well Lowell’s have decided to proceed with the small claims as I’ve now had a court letter informing me the case is to be heard at the beginning of August unless the claimant pays the court fees by the 11th July. Ive read through the letter a couple of times now but am unsure what I need to do next, it mentions a witness statement, do I need to do one now or do I wait until Lowell’s send me the required documentation in case they’re different to the ones they emailed me? Any advice would be helpful as the last thing I want is a CCJ.
  18. Cheers Andy, just got off the phone to the mediator and told them I couldn’t proceed with the mediation as I wasn’t happy with some of the information provided and as I had only just received the information today I needed more time to get some legal advice. So time will tell what Lowell wants to do, just hope I’ve made the right decisions.
  19. Cheers Andy, Do I need to say that to the mediator or do I keep that bit of info to myself?
  20. Sorry to be a pain keep asking questions, but does that’s make a difference? Also do they have to send the default notice to me? If they should have sent it or don’t have it does that also mean they can’t enforce the debt? once again thanks for your time Andy
  21. Sorry forgot the agreement 210692414-agreement.pdf So the second letter in the second attachment isn’t a default notice? Just wondering what I should say when the mediator phones back?
  22. Email attached 210692414- Statement.pdf Sorry missed one Email attached 246318855 3.pdf
  23. Ok had the email. It contains reconstituted copies of a statement, copy of the credit agreement, a letter of explanation of credit information and a copy of the default notice. According to the statement the last payment was on the 9th July 2013 so that rules it out being statute barred, it does appear to be made up of lots of charges though. The credit agreement is blank, no name, no account number and no signature, in fact only the statements and the default notice have have my name and account number on it.
×
×
  • Create New...