Hi apologies for the late reply I have been back in hospital.
Could you please check over my WS and I will get it posted tomorrow.
Also I have not heard if the claimant has paid the court fee or filed a properly completed application.
The deadline has well passed.
Is this normal.
1. I, ******, the Defendant in this case, make this statement in support of my defense against the Claimant, Lowell Portfolio I Ltd. The matters set out below are within my own knowledge.
THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT
2. The defendant disputes entering in to the alleged agreement.
The defendant has an long standing contract with the original debtor which pre dates the alleged last payment stated by the claimant the contract is still in place and up to date.
The defendant will present copies of original bank statements to the hearing which will show payments for only one account the original debtor (as referred to above), the bank statements will show no payments to the alleged agreement including the last alleged payment.
The defendant will not send copies of bank statements to the claimant due to sensitive information contained within.
3. The claimant has not provided sufficient evidence to constitute an Agreement.
The Defendant claims that his request of ***** 2017 under the CPR 31.14, of which the Claimant has confirmed receipt, for the disclosure and production of a verified and legible copy of the Agreement has not been adhered to, by way of the fact that a Service Contract is entirely missing from the Claimant’s evidence.
4. The Claimant has not provided a copy of a default notice as requested
The Defendant claims that his request of ***** 2017 under the CPR 31.14, of which the Claimant has confirmed receipt.
5. In light of the above, it is clear that the claimant has failed to provide any evidence as requested by CPR 31.14 and the Claimant is put to strict proof to:
(a) show how the Defendant has entered into a Contract; and
(b) show how the Claimant has reached the amount claimed for; and
5. As per CPR 16.5(4), the Defendant alleges the Claimant has not proved their allegation that the money is owed.
6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
I believe that the facts stated in this Witness Statement are true.