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Everything posted by shopaholic13

  1. yes Judge was on it straight away.She made it clear that they had not followed judges directions and had no valid reason for not following them.
  2. Update.judge dismissed case as they hadn't signed their W.S. So they couldn't give evidence. My question is can they take me to court again for same claim?
  3. I think it does. Wish i had done some more research before doing my W.S. It was difficult as many of the documents I had asked form Lowell had not been sent to me by the time I had to do my W.S. I did not received the bulk of documents until I got their W.S.(14 days before court date )
  4. 5th from bottom the one that starts I have given my head a wobble and gone through the statement of truth. Please feel free to tweak amend etc. have gone through Lowell W.S. They repeat themselves a lot . From what I can see its lowell saying my defence is rubbish and they have done what is needed to bring claim and for me to pay. me saying my defence is not rubbish and this is why its not rubbish furthermore my defence proves you have not fulfilled the requirement to bring this claim nor payment of alleged debt
  5. Yes I was asked to write a W.S. when it was allocated to local court. so I need to re do skeleton argument today. from what I can gather a skeleton argument is a list of my main points. my post on page 1 is a skeleton argument that needs neatening up. My W.S. was sent to court before I received claimants W.S. (as the sent it to me 14 days before court date ) With the claimant W.S. i received the alleged DN, CCA, Statement and notice of assignment first I had seen of these documents (except CCA) had asked for documents 6 months ago I need to re do skele
  6. Any pointer from you knowledgeable people please . What are the main points i need to make or dispute? I dont want to go in an look like a fool and my case torn to shreds. I know this site has a great record against these sort of clams and am grateful for advice and help Do i need to print off S78 CCA and CPR 31.14 any others ? Do I need to make reference to claimant relying on probability that debt is mine as heard they use that a lot. i will be attempting final write up tomorrow I know this site is busy but this is my last chance to ask for your help as
  7. I am confused the court have only ever sent me a letter to say defended claim and DQ. They did not ask claimant to provide any documentation before going to court, i have 4 days left before court and have no idea what my main problems with this case are, what my defence is and what i need to say to prove that they have not fulfilled their obligations to bring this claim I assume I asked for DN with CPR 31.14 ,it was their response that quoted s78 cca
  8. Can original creditor say they do not have to supply statement of default or notice of default ? I had asked under s78 cca. Their reply was it was issued october 2013 but didn't need to provided me a copy under s78 Claimant must of received a copy of them as they produced them in court papers despite my account being on hold until they get documents were forwarded to me . thanks for advice
  9. The judge has the right to refuse to hear evidence or consider any statement of any witness who's statement has not not been prepared and copied to the other party and the court in accordance to paragraphs above. witness statements must be signed by the witness and dated . Or is mine not signed irrelevant? As hoping to get final draft of what I want to say in court this weekend as court date is approaching fast.
  10. naughty Lowell ok i Will re do number ,possibly trying to get in That there statement of truth has no signature on i.
  11. In lowells directional questions in section D question 05 how many witness,including yourself,will give evidence on your behalf at hearing ? the y answered 0 (zero)
  12. hello is anyone available to check over the above to see if there are any mistakes in it, anything I have missed etc So that i can sort out finale draft ready for court.Thank you for your help
  13. I have given my head a wobble and gone through the statement of truth. Please feel free to tweak amend etc. 1)The claimant’s witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraphs. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. The claimant has confirmed that their client will not be in attendance at the hearing, however they will be represented by an advoc
  14. Thank you have now calmed down and normal fighting spirit has resumed. Have gone through their W.S. point by point and made rough notes of points I disagree with.
  15. Moring, I now have 9 days before court.I have no idea what I do next. I have probably messed up my WS defence. I didn't see lowells WS defence until 12 th september (14 day before court date deadline). This has taken over my life trying to find out information, I have severely disabled husband who needs my attention.but is being neglected while I try and deal with this. I haven't slept properly in days. Any help is most welcome and I understand there are probably lots of people on here asking for help
  16. I tried to put in folders,as asked but not good at computers so sorry
  17. Yes i did my witness statement on 30th August 2017. before I received NOA. I had not received notice of assignment nor Deed of assignment. There witness statement that my defence is "only an internet defence copied and pasted " and had no merit.
  18. Name of the Claimant Lowell solicitors Date of issue 06/03/17 date to acknowledge) = 25/03/17 date to submit defence = 9/04/17 What is the claim for 1.Failed to maintain the require payments and default notice was served and no complied with. The agreement was later assigned to claimant on 25/092014 What is the value of the claim £822.27 original debt capital one(£640.99) Is the claim for - credit card When did you enter into the original agreement before or after 2007/ after 2007 05/09/2012 Has the claim been issued by the original credit
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