Carter / Lowell claimform old Lloyds OD 'debt'*** Claim Struck Out***

[AndyOrch]

Here you are ..one WS in support of your defence...edit or add if not correct ...post if unsure.

 

That should spoil Brian's weekend.

 

 

 

Regards

 

Andy

[potman100]

Morning Andy

 

Thanks for this, I will have a good look over it and give you a shout.

 

Regards

 

Potman

[dx100uk]

great WS

 

 

dx

[potman100]

Hi Andy

 

Ye, looks good to me, I just updated Name, Case Num ect.

 

I will look more in to the different sections of the law that you have quoted so I have a better understand of there use.

 

Once again, thanks for all you help with this.

 

Regards

 

Potman

[AndyOrch]

Hope your pleased... took me 3 hours to draft that:madgrin:

 

I have laid it out in simple terms..... not much legalese as its important you understand its contents in layman terms.

[potman100]

Yes, that's what I needed, it all ok for a WS quoting different sections of the law, but if a question is put by the claimant

of more legality for a layman such as me it's difficult to be able to argue the technicalities.

 

The way you have drafted the WS, gives me a chance to study the sections quoted and understand them and this

at least gives me a fighting chance.

 

Is there anything that comes to mind, that you think BC might put as an argument to the request for validation ?

[potman100]

BC has said that they have served the Assignment Letter to me, and I say that I have not received it, looking at the Law Of property act, it states

that in order to prove the assignment has been completed the letter would need to sent via recorded delivery or a proof of posting should be made avaliable.

 

"Section 196 LPA 1925 refers to “registered letter”. The postal service “registered post” no longer exists. Instead, a notice should now be sent either as first class post with a certificate of posting (available through Royal Mail) or by recorded delivery; under the Recorded Delivery Act 1962 any notice which is deemed served by registered post will also be deemed served if sent by recorded delivery."

 

Would BC have had to provide the evidence, i.e the recorded delivery slip / proof of posting in their evidence ?

[AndyOrch]

BC has said that they have served the Assignment Letter to me, and I say that I have not received it, looking at the Law Of property act, it states

that in order to prove the assignment has been completed the letter would need to sent via recorded delivery or a proof of posting should be made avaliable.

 

"Section 196 LPA 1925 refers to “registered letter”. The postal service “registered post” no longer exists. Instead, a notice should now be sent either as first class post with a certificate of posting (available through Royal Mail) or by recorded delivery; under the Recorded Delivery Act 1962 any notice which is deemed served by registered post will also be deemed served if sent by recorded delivery."

 

Would BC have had to provide the evidence, i.e the recorded delivery slip / proof of posting in their evidence ?

 

Disregard that...they dont send them registered or recorded or at all.... I have covered the assignment sufficiently within the statement

[potman100]

Ok

[AndyOrch]

Most important that you now finalise it and serve it on the claimant and court ...don't miss your deadline stated within the Notice of Allocation.

[potman100]

I have spoke to the court this morning and explained to them that I only received BC's WS on the 2nd, as the file is held at my local court I have said I will deliver the courts

copy by hand and post it in their letter box, which I have been assured it will be added to the file.

 

I was going to send BC copy via recorded delivery this afternoon, as the case is on the 17th of this month its gonna be a day late only 13 days before the case rather than 14,

but will explain the lateness is due to BC waiting till the last day before the deadline to provide any WS.

 

Just hope the court accept this.

[potman100]

Do you think it would be worth emailing it also ?

[potman100]

Well it has been sent via Special Delivery and I have also faxed it to BC.

[AndyOrch]

[potman100]

Yo Andy

 

Just wanted to say thank you for your help with this,

 

 

I was in court last week and

 

 

the judge struck the case out on the grounds they had failed to satisfy CCA by not providing the Agreement they referred to in there summons details.

 

The Judge also commented on how well constructed my Witness Statement was, which is all down to you.

 

So that's about £300 plus quid, plus what they paid for the debt down the drain for Lowell

 

Once again thanks for all your help.

 

Regards

 

Potman

[AndyOrch]

Excellent news Potman ...delighted for you.

 

Thread title amended to reflect the result.

 

Regards

 

Andy