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walpants

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About walpants

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  1. hi guys, just wanted to check can I take the discontinuance letter from bryan carter as definite its just that I thought I would get something from the court to confirm but I haven't and the court date is tomorrow. panicing incase its just to make sure I don't turn up so he wins
  2. good news I have just received a notice of discontinuance from bryan carter!!! I cant believe it, thank you all so much for the help with this I was sure I was going to loose. HAPPY NEW YEAR to you all.
  3. I guess if it gets that far I will be in trouble then, I haven't received their statement today though so I guess we are in the same boat.
  4. well I posted them on wed 23rd 1st class recorded, carters arrived with them on 24th but the court copy which had to literally go about 20 mins down the road hasn't made it there yet, I hope they will be a little lenient seen as its xmas.
  5. thank you for looking over it, I have shortened number 5 and taken out number 7 completely as I didn't think I could shorten it really. and number 6 states that they have failed to comply so hopefully that is enough.
  6. ok this is what I have put together, I hope its at least close to what I needed to do, i have printed off copies of all documents and listed them as exhibits, including the letters i sent them, the proof of postage and delivery and the letter they sent back to me. i don't have a scanner though so i have taken pictures of each document and printed that out, i hope it will be ok it is perfectly readable and i have the originals kept for me to take with me if it comes to it. IN THE LEICESTER COUNTY COURT Claim No. xxxxxx BETWEEN: Lowell Portfolio I LTD Claimant - and – Defendant xxxxxxxxx _________________________________ WITNESS STATEMENT OF xxxxxxxxxxxxxxxx _________________________________ I xxxxxxxxxxxx being the Defendant in this case will state as follows; 1. I make this Witness Statement in support of my defense in the claim. 2. This claim is for a running credit agreement regulated under the Consumer Credit Act 1974. I believe the account was opened in 2007; however I do not recall signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement. The original account was opened with a company called 'Vanquis'. 3. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at. 4. On 18/07/2015I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of £1. [EXHIBITS A and B]. 5. Consumer Credit Act s.78(1) states Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer. 6. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement. 7. On 18/07/2015, in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBITS C and D]. 8. On 29/07/2015, a letter was received from Bryan Carter in response to my CPR request [EXHIBIT E] but I am still not in receipt of the documents I requested. 9. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time. Statement of Truth I, xxxxxxxxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: ________________________________ Dated: 22/12/2015
  7. ok, if I post my statement up here when its done would you have a look over it for me please? just to be sure im on the right track.
  8. hi, im just in the process of putting together my witness statement have just looked at my credit report and the date the agreement started was 14/03/2007. does this change anything as I think I have read some where that what ever it was that changed in 2007 happened in april and so this was taken out before that.
  9. I have been reading on here and googleing but when it comes to doing a witness statement im not finding much information on that other than it is different for everyone and there is no set template to follow. I am trying to help myself and im not asking anyone to do it for me its just having no experience in this field at all and not being the most academic person I am struggling to get started with it. im sure I will get there though.
  10. thanks, see I don't even know what its called let alone what should go in it!! lol
  11. ok yes sorry I should have read the whole thread, but I was rushing before work and freaked out a little. I have now read the whole thread and it seems it didn't get as far along as my case is now before they gave up. they also had far more communication from the solicitors than I have had. I have just re read the letter received on 27th july from bryan carter and have realised that it is relating to the cpr request and not the cca request so in fact as it stands they haven't even acknowledged that request. I guess I need to keep reading to find a case that gets to the point of needing to put a defence together - I must admit I really don't know where to start!
  12. I don't know I didn't get to the end of the post cause I had to come to work. I got to that part and panicked.
  13. just having a look through some success threads and came across this post http://www.consumeractiongroup.co.uk/forum/showthread.php?439677-Cabot-Weightmanns-claimform-old-Vanquis-card-debt-***Claim-Discontinued*** on it its saying that as its post 2007 they don't need an agreement, if this is the case I don't have a leg to stand on do I?
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