Lowell/cater claimform - cat 'debt'

[AndyOrch]

Read it again carefully ...all parties follow and comply with the directions....would be a wee bit one sided if they didnt:-)

[Bedonde]

Okay, read it again a few times... sorry to be a pain but I honestly can't see anything that applies to me?

 

I have no documents to rely on, no copies of any agreement. There has been no contact from myself to the other party directly so I have nothing to send the court in that respect.

[AndyOrch]

Both parties to submit and exchange Witness Statements by xxxxxxx.

 

As the defendant you will be disclosing and relying on your CCA and CPR requests/responses and anything further you have mentioned in your defence/Witness Statement.

So if you dont disclose then you cant rely on the above as evidence in support of your defence.

 

If you fail to comply with the above direction the claimant and the court can strike out your defence and award judgment to the claimant without trial.

[AndyOrch]

Have a read of post # 38 onwards from today on another thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?417587-Bw-legal-lowell-court-claim-JDW-Catalogue-debt-clueless/page2

[Bedonde]

Thanks Andy, I had a quick look back in the thread and it seems I missed the deadline for the CCA/CPR request. So I have nothing to use in that respect.

 

This is the only thing I have submitted to the court and a copy to them :

 

1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant.

 

Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

 

5. 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.

[AndyOrch]

Yes that is one of my defences...you still have to submit a Witness Statement...even if you have very little to disclose.

[Bedonde]

Thanks Andy, I will have a look at some other witness statements on here tomorrow and try and piece something together.

[Bedonde]

Okay, I couldn't find anything on here (probably searching something wrong) but I had a look at some information on another site.

 

Will this do as a witness statement?

 

 

I am the claimant,

I, ***************************** of **************************** say as follows :-

 

!. The claimant has not provided proof that the defendant entered into an agreement.

2. Has not shown how the defendant has reached the amount entered.

3. Has not shown the claimant has the legal right to issue a claim.

 

Unless otherwise indicated, what I say in this witness statement I say from my own knowledge.

 

Yours sincerly,

 

********** ********

[AndyOrch]

Its little on the scarce side Bed.....you are simply basing your defence/evidence on none disclosure and no dispute.

 

Regards

 

Andy

[Bedonde]

It's terrible I agree, not sure what else I can put though. Should I be looking through any statements from JD Williams for added charges?

[AndyOrch]

Has the court not directed them to disclose the above in the directions?

[Bedonde]

Yes Andy it appears so, really struggling with this I think I have until the end of the week until it's too late to hand in witness statement etc.

[AndyOrch]

So what date did the court direct them to disclose all documents relied upon?

[Bedonde]

No later than 14 days before the hearing, which would make the cut off date this Saturday, 6th.

[AndyOrch]

And I shouldn't think you will be getting them...okay run with your proposed WS ...make sure yours is submitted on time(to the Court) you can send their copy on the due date and then we will go after them failing to comply with directions.

 

Have you got anything to disclose...? CPR and CCA requests/Responses?

[Bedonde]

Okay thanks, I have nothing to disclose as I was too late with the CPR and CCA request.

 

Do I need to send their copy to Bryan Carter or Lowell Portfolio?

[AndyOrch]

BC