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Amy0807

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About Amy0807

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  1. Thanks Andy So you think its best just to get my statement and documents sent to the court and Carter now and not wait to receive anything from him? Also in my statement if I go from the example you kindly posted and adapt it to my case should I still use the requests for credit agreement? even though I now know if it was an overdraft debt they would not be appropriate? Thank you again! Amy
  2. Hi shamrocker here is the document I received from the court, just typed it up instead... District Judge ****** has considered the statements of case and questionnaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 10:00 AM on the 16 October 2015 at the county court at *******..... and should take no longer than 1 Hour. A hearing fee of £25.00 is payable by 2 October 2015 by the claimant unless you make an application of fee concession. Failure to pay the fee will result in the hearing being removed from the list. The court must be informed immediately if the case is settled by agreement before the hearing date. The hearing fee will be refunded in full if the court receives notice in writing at least 7 days before the hearing date, that the case is settled or discontinued. Mediation Having considered the papers the court believes that your case is suitable for mediation...... (information about contacting the mediation team. this has already been done but as Carter had not provided me with any info they said it was unsuitable.) IMPORTANT READ THIS CAREFULLY NOW! FAILURE TO DO SO AND TO COMPLY WITH THE INSTRUCTIONS WILL LEAD TO YOUR CLAIM OR DEFENCE BEING STRUCK OUT Preperation for the hearing 1. The parties MUST provide to the court and to the other party or parties (your opponents) not later than 14 days before the hearing the following: a) Witness Statements. these are written statements made by you, and anyone else you wish to give information to the court, which contains all the information you wish the court to take into consideration in deciding your case. Witness Statements must: * Be typed wherever possible; * Start with the name of the case and the claim number; * State the full name and address of the witness * Set out the witness's evidence clearly in numbered paragraphs on numbered pages * End with this paragraph "I believe that the facts stated in this witness statement are true." (or words to that effect) ; and * Be signed by the witness and dated b) Copies of all documents you wish the court to see in deciding your case. c) If you are not intending to place any information before the court, a letter to the other party, or parties, and the court stating this fact. 2. WARNING: If you do not do as required by paragraph 1 above, the court will strike out your statement of case and you will not be able to continue with your claim or defence of the claim. this means that if you are the claimant and fail to do as ordered, your case will be struck out. If you are the defendant and fail to do as ordered, your defence will be struck out and judgment will be given in favour of the claimant for the amount claimed, interest and costs or for damages or such other remedy to be determined. That's all the information the court provided Thanks Amy
  3. Thanks so much Andy only just saw this reply I'll give this a proper read through and get an idea for mine. Also will double check my documents to check the simultaneously handing over of the WS pretty sure it just said to send it to both the court and the claimant within the time period Thanks again Amy
  4. Yes i will call lloyds and see what they say... I still think i will be entering a witness statement as carter/lowell have also not provided me with any documentation i have requested. if the court rule in their favour then i will pay within the 28 days to avoid a ccj and take that as a lesson learned. Normally i am the type of person who would bury my head when it comes to any problems so just the fact that i am trying to face this is a step forward for me.
  5. Thanks unclebulgaria67 I have infact moved house several times since then so it could be possible letters have went else where and as i had no reason to believe there was anything out of order i have not given loyds new address. I should have contacted lloyds earlier i know but didnt know where to begin with that as i don't have any of my old bank details etc and panicked because i knew i was on the courts timetable. If my statement is due in the beginning of October will i have time to contact lloyds now? And if they come back saying there was an overdraft debt what happens then? Or indeed if they have nothing? Amy0807
  6. thanks dx yeh the number on the form is actually 14 digits long, i would say that it could only be an OD as i certainly never had a credit card or loan from them.... thanks for moving the thread, ive been looking at the others, and I've noticed that this is the stage where carter will either send a letter of dismissal or pull some documents from nowhere to put in his statement.... i think i just need to send my statement in by the 2nd October and then wait, just don't know how to word it so it doesn't sound so amateur, hoping carter will back off but knowing my luck he wont! thanks for answering me so quick Amy p.s is it a usual carter letter when he states that if he produces the documents at a later date it will rectify any earlier breaches?
  7. My first time using a forum ever, wish i had done this sooner .... ill try and explain best i can. had a Lloyds bank account roughly 5 years ago, changed bank accounts since and thought nothing of it. I then received a County Court Claim form on 28th April 2015 then a letter from Bryan Carter Solicitors on 29th april 2015 out of the blue saying i owe £270 The claim form states : Particulars of claim The claimants claim is for the sum of 181.10, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds. Under account reference XXXXXXXX and assigned to the claimant on 03/07/13, notice of which has been given the the defendant (Ive never received this) 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 (again not received) And the claimant claims 181.10 the claimant also claims statutory interest pursuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 14.49 in brief i replied to the court and sent in a defence stating that i had never received the default notice nor any other correspondence before the claim form and that i had requested a copy of the credit agreement including the £1.00 payment but no reply . (i sent them recorded delivery and have the signature as proof they were received) They offered mediation to which i said yes but when i spoke to the mediation team it wasn't suitable as i had still not received a copy of the agreement i had requested for a second time. the last reply i got from bryan carter was on 17th july 2015: "we confirm we are taking further instruction from our client in regards to your request for documentation under the consumer credit act 1974 and we will revert back to you in due course. We confirm the production of these documents at a later date will rectify any earlier breaches." Then on the 11/8/2015 i received notice of allocation to the small claims track (hearing) My hearing is on the 16th October and i need to put in a witness statement 2 weeks before that... ... i dont know where to start with it? and also after reading a few other threads i think i should have asked for CPR 31.14 at the beginning but i didnt:| its really weighing heavy on my mind now and just want to get this statement in and let the court decide its not a very large amount i keep thinking i should just give in and pay (not that i have that to hand) but then i think why should i when i dont have any information about this debt??? any help would be so much appriciated!!!
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