Nah nobody showed up sham. Obviously they didn't want to embaress themselves lol.

I really couldn't have done it without all your help, thank you so much! I shall be making a donation but will probs have to see christmas through first as money is tight. I really do hope this site continues to help others as it has done for me.

Well I won! Didn't even get to say everything I wanted to, as soon as the judge heard about the lack of notice of default he read through his book and decided that without it they cannot enforce anything. He did note that the case could be taken further if lowell ever managed to cough up the notice, but we all know thats unlikely as they would have used it by now. I really am chuffed, what a result!

Well, I'm going to concentrate on the statement and the fact there is no notice of default as I think thats my best chance of getting a good result. Any advice for tomorrow? Any legal vocabulary I should make use of to start proceedings? I really am going into this as a complete novice and I think that worries me more than the outcome. Don't want to make a tit of myself lol.

I agree I can't see any holes in the agreement. Thanks for taking a look over it

I think I stand a better chance arguing the statement as there are plenty of questionable things within it. My only reason for bringing up the credit agreement is that dx made mention of there being some terms missing from the t&c, but I haven't been able to pick any out myself.

Post #53 has them attached.

1. I, ***************, make this Witness Statement in support of my defence in the claim. * 2. This claim is for a running credit agreement regulated under the Consumer Credit Act 1974. I can not recall when the account was opened as I no longer have any paperwork pertaining to the account. 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. * 3. I applied for a catalogue a number of years ago and purchased some items on interest free credit. I fell behind on payments and tried numerous times to come to an arrangement with the original creditor so that I could resume payments in an affordable way. This was never resolved and to my understanding the account is still in dispute. I don’t recall receiving a Default Notice pursuant to the CCA1974 and the claimant hasn’t provided any proof that one was sent. * 4. Whilst the account was open I ordered goods to be delivered to me on an account basis and made monthly payments towards the account. The alleged statement of account sent to me by the claimant is not a genuine Shop Direct statement, the claimant is attempting to mislead and charge me for certain items without knowing what they are. It is therefore denied that any alleged amount is outstanding or owing. * 5. On 15th May 2015 I made a written request to the Claimants for a true copy of the credit agreement under s.77(1) of the Consumer Credit Act 1974. I enclosed payment of £1. This is exhibited at ‘AB1’. * 6. On 15th May 2015 , in order to obtain more information about the claim, I made a written CPR 31.14 request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case. This is exhibited at ‘AB2’. * 7. The Claimant’s solicitors responded on 22nd*May 2015 refusing to send the relevant information requested. This is exhibited at ‘AB3’. * 8. The claimant has since sent copies of the credit agreement along with an alleged statement of account. There appear to be terms missing from the credit agreement and the alleged statement doesn’t provide a conclusive itemised list of how the balance was reached. These are exhibited at ‘AB4’. * 9. It therefore for the above reasons that any alleged amount outstanding is denied. The claimant has failed to fully explain or quantify the balance claimed.

Well the hearing is just under a couple of days away now . I was wondering if dx pops in, would you be able to shed some more light on the terms that are missing in the agreement so that I can use this to my advantage on the day? I'm going to tackle the statement as a major part of my defence as there are a few holes within that, such as the question marks next to some of the transactions and the numbers not adding up the same as their totals. As nervous as I am about the whole process I reckon I stand a good chance, at least getting the figure down a lot. Also there was mention of a tomlin order incase things don't go to plan. Could anybody advise me or point me in the direction of how to sort this out? Thanks in advance

Yea it says deliver to the other party, just wasn't sure if both of them needed a copy.

Awesome, one final question I promise lol, do I send a copy to Lowell AND BC?

Claimant has marked their exhibits AD1, AD2 & AD3. Do I continue that with AD4 etc or does it really matter?

Right, so CPR/CCA requests, BC's refusal letter and the credit agreement/statement. And I'm guessing I need to mark these up with numbers in a similar way to how the claimant has done so? Sorry for all the questions, just really don't want to mess anything up at this stage.

Ok, does that include the credit agreement/statement that I received? Because that wasn't a direct response to my request, they only sent it when the court order was made. Plus the court will have already seen it.

Thanks Andy, much appreciated. Just to clarify, do I need to send anything with the Witness Statement? Obviously I have no evidence to submit so should I just include a brief cover letter?