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leyley

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About leyley

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  1. it says in the court directions that all original douments must be brought to the hearing
  2. thanks ford will see what andy says in my witness statement do I put something about what the con credit act states or just put that I have received a default notice and did not sign an agreement little worried that I have to sign the witness statement I send to BC as have read not to let them have my signature incase the somehow copy it on to an agreement
  3. in todays post came some stuff from BC which included an unsigned agreement in which the name and address are typed into the space, a list of statements for the account, a copy of a letter next sent about account being sold and a copy of a letter sent from lowells about them buying the account. No default notice included and of course no signed agreement as I didn't sign one. can I just clarify for them to win they will need to provide a signed agreement? if so why would they still continue with this action if they haven't got one? also they said in their allocation information that they would not be attending the hearing so do they have to send the original docouments to the court and not just copies? as the court said we need to bring originals of all documents with us to the hearing. thanks for any help
  4. update have court date will need to get my witness statement and docs together to send off for the for about 30th march so that they get them before easter holidays. working on my witness statement not really sure how much to say as they haven't sent any of the documents really have nothing to add to my defence other than I have tried to get the agreement they say I signed by cca request to lowells but have had nothing back from Lowell ill get working on something and photocopying my requests, any ideas of what I should include in my witness statement would be gratefully received
  5. Thanks Andy its annoying the courts should be more strict with companies like these and demand they provide the evidence to which they make the claim from at the start of the claim, it would stop a lot of wasted time to the courts they should also have to turn up to the hearings. haven't had the Notice of Allocation yet or any directions to do anything with witness statements, last thing I got was the directions questionnaire about which court I would like to be at, what witnesses if any I would be using and if id like mediation to which I said I would and BC also agreed seems to be that they can just lie and get away with it, the courts received it from me on the 2nd December it had to be returned by the 4th December so everything was fine there. How long should I wait before calling court about Notice of Allocation??
  6. Thanks andy but looks like he didn't want to do the dates the mediation service gave as ive not had an email from them with an appointment cant say im surprised as the dates were the 2 week Christmas break for most people but at least I said I would do it.
  7. Update had a phone call from the mediation service just need to wait for a date once they've spoke to BC
  8. thanks andy Ill get them posted first thing in the morning
  9. time for an update still nothing regarding my cca request not that I expected much On Friday I received a directions questionnaire from the courts which I have to fill in and send back to them it also says I have to send a copy to BC but little concerned as I have to sign the bottom of the questionnaire could I send BC a copy unsigned??? and just sign it for the courts?
  10. still nothing from lowells regarding the cca request and their time up is tomorrow received another letter from BC on Saturday apparently they say that "their clients position is that there is good prospect of it successfully proving its claim should the matter proceed to a hearing" however they are willing to let me have a reduced settlement or if I cant afford the lump sum they are willing for me to pay the whole amount plus interest and costs by monthly instalment and they will let me decide how much I can afford, they have include two tomlin orders for me to sign to agree to this. The actual whole amount sum that they've put includes court fees, solicitors costs, interest equaling the court claim amount but then they've added another £50 as the total on the claim is 2511.58 and on the tomlin order it is 2561.58. oops better not sign it now as im not allows to talk about the agreements and I just have
  11. I received a letter from the court stating they had received my defence and would pass on to claimant. today I have received a letter from BC to state they are going to proceed with the matter and would like me to call them to see if we can come to some kind of arrangement. I have still had nothing from Lowells about the cca request they have until next week as that will be when the 14 working days is up, I did think they would send a letter telling me they had at least received it. a couple of questions can I just confirm that a cca request still has to be followed if court proceedings have begun? and is there a template for the letter I send if they don't comply with the cca? thanks all
  12. ok defence submitted no I guess its a waiting game anyone give any time lines of how the next few steps upto going into court for a hearing go is it quite quick are im I going to be having this around Christmas?
  13. thanks andy ill copy it and enter it asap
  14. POC 1.The claimants claim is for the sum of £2305 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Next under account reference xxxxxx 2. And assigned to the claimant on 1/11/2013 notice of which has been given to the defendant. 3. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. The claim includes statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum (a daily rate of 0.51) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to £22 Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3.The claim is denied with regards to a default notice being served.I have never been served a default notice pursuant to sec 87 of the CCA1974 which is necessary before the creditor or owner can become entitled to relief, by reason of any breach by the debtor of a regulated agreement On receipt of this claim I requested information pertaining to this claim from Bryan Carter by way of a CPR 31.14 on the 2/10/14. Bryan Carters response was that they wont comply and that its based on a simple contract which I should have in possession. Therefore with the courts permission the Claimant is put to strict proof to: (a) show and disclose how the Defendant has entered into an agreement; and (b) show and disclose how the Claimant has reached the amount claimed for; © show how the agreement was legally terminated to allow the claimant relief. 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. ok added no 3 re default notice just unsured whether its best to say something about receiving a notice about the sale or to just leave that out, funny the only thing in their POC with a date is the one letter I did get although they bought it on the 31/10/2013 and not the 1/11/2013
  15. ok thanks andy I don't have any default notice so ill add about that but I did receive a letter about the assignment so is it best to just leave it out or should I acknowledge that I got that?
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