Claim Form Carter/lowells HBOS Current Account*** Claim Discontinued***

[AndyOrch]

Your witness statement should consist mainly in support of the debt being statute barred...you are already aware of the argument they will use to respond so it needs to be adapted to cover their counter argument as to why the cause of action is invalid....bump your thread nearer the date you have to exchange witness statements and I will draft you a suitable response.

 

 

Focus.

[yorkiedart]

Thank you Andy, the date of the hearing is 15th May 2015, so according to the letter from court I have to have my response in for the 1st May 2015....

[AndyOrch]

So we have plenty of time to draft a suitable response.

[yorkiedart]

:clap2: Thanks Andy your'e a star

[yorkiedart]

Hello Andy just a message to ask if you have put together my statute barred defence I would like to have it sent at least a week before the deadline date of 1st May 2015

Regards Graham

[AndyOrch]

Witness Statement...you have already submitted your defence....not as yet...take a look this week.

 

(nudge your post by midweek if I have not posted)

 

Andy

[yorkiedart]

Cheers Andy...wil do...

[yorkiedart]

Hello Andy just a reminder for you ......Please

[AndyOrch]

Should have a draft ready for you in the Morning Yorkie....

[yorkiedart]

thanks Andy .....

[AndyOrch]

IN THE NORTHAMPTON county court

Claim No. ...........

BETWEEN:

 

Claimant

Lowell Portfolio Ltd

 

AND

 

Defendant

Mr .............

_________________________ ________

 

WITNESS STATEMENT OF MR

_________________________ ________

 

 

 

I ..............., being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence to this claim.

 

1. On or around the 12th December 2014, I received a claims form from the County Court Business Center, Northampton, for the amount of £818.82.

 

2. The Claimants pleaded case is that the Defendant entered into an agreement with Halifax under account reference number ......... The particulars of claim fail to detail when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued or when the agreement was entered into.

 

3. The particulars of claim state that this claim is for “an agreement between the original creditor and the defendant to provide financial and/or services and/or goods”.

 

4. Assuming it is referring to an old current account held with Halifax.I will contend should it be admitted that this account has been dormant since February 2007 and any alleged balance outstanding would be now statute barred pursuant to the limitation Act 1980 Section 5.

 

5 Furthermore any balance would be as a result of unfair and extortionate bank charges/penalties being applied to the account by way of an unauthorised overdraft created and added by Halifax themselves.

 

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009).

 

6. On 2nd January I contacted Bryan Carter Solicitor explaining that any alleged debt would now be exempt pursuant to the limitation Act 1980 Section 5 exempts the above due to the six years rule.

 

7.On 6th January 2015 Bryan Carter Solicitors replied that the account was not statute barred. [EXHIBIT C].It is averred that this default date is inaccurate by almost 3 years and pursuant to the Information Commissionaires Office website ... " we expect the CRAs to take reasonable measures to ensure the information that is reported by lenders via their credit files is accurate "

 

Furthermore that Halifax themselves are reporting accurate data and not stopping time to evade debts from reaching the limitation point.

 

8. On 15th December 2014 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. CPR 31.14

 

9. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my efforts to seek clarification and inspect these documents.

 

10.Therefore it is essential that I have sight of the Agreement / Facility Notice and also Notice served under 76(1) and 98(1) of the CCA1974 (Demand /Recall) relied upon by the Claimant to be able to accurately identify to what the claimants claim relies on and to clarify that the cause of action is accurate in connection with any alleged outstanding balance.

 

Statement of Truth

 

I, ........., the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

 

Signed: _________________________ _______

 

Dated: _________________________ _______

 

 

 

Check it for accuracy and edit/ amend to suit.

 

Regards

 

Andy

[yorkiedart]

Thank you once again Andy all done and dusted....regards Graham

[yorkiedart]

Hello again Andy ...Farter has discontinued, what do I do next....

[dx100uk]

you cheer

you've won!

 

 

another of his speculative claims bites the dust

 

 

proves why people MUST ALWAYS...defend all

 

 

give it a few days and check with the court.

 

 

dx

[yorkiedart]

Thanks dx.....

[AndyOrch]

Well done Yorkie:wink:

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[yorkiedart]

Thank you Andy...couldn't have done it without your help.....