Court Claim Form Lowell/Carter - jd williams

[james2604]

Thanks for that a big weight lifted. With regards witness statement is it worth playing on the fact that no notice of allocation was received and therefore the debt isn't owed to the claimant

[shamrocker]

Thanks The Mould will look at that. Have gone through some figures shamrock

 

Goods with p&p is £1904.65

Interest is £1624.62

Charges is £300

Payments made is £1724.69

 

The charge dates are Mar "11 £12 x 2, Apr "11 £12, May "11 £12 x 2, June "11 £12 x 2, July "11 £12 x 2, Dec "11 £12 x 2, Jan "12 x 2, Feb "12 x 2, Mar "12 x 2, Dec "12 x 2, Jan "13 x 2, Feb " x 2 and Mar "13 £12 x 2.

 

Don't have any correspondence now relating to dispute, she was out the country for two years and had a clear out beforehand

 

Personally, a large part of my focus would be on the dispute - but do you know the approximate date?

 

Also, it would seem that they have supplied one of these account summary sheets - is that correct? If so, it won't provide any details on how the balance was attained. Something similar was supplied to another forum member not so long ago and it was full of discrepancies. I wouldn't mind having a look at this statement of account you refer to.

 

The default notice would also be worth having a look at. Do you recall if they actually sent one at the time of default? Have you checked the date of default on the CRA?

 

Do you mean notice or assignment rather than allocation? If they say they sent one, the court will deem it as served, but you can mention it by all means. It might come across as straw clutching though.

 

Sham

[james2604]

Thanks I will be able to scan a copy over in morning, yeah mean notice of assignment, my daughter was out of the country at the time this was supposedly sent so is that not proof it wasn't served. I will also check the default on credit file, don't recall seeing a default notice. Will send over what I can tomorrow. I really appreciate all help I can get, have read other threads and sometimes find it head tightening. Thanks

[shamrocker]

Let's see what you've got and then we can take it from there. What date is the hearing?

[james2604]

Hi thanks. here's some docs attached.

 

Hearing is 12th Oct.

[james2604]

Hi this is the default notice received and copy of info on credit file which do have discrepancies, ie start date, default date, and creditor. Don't know if that matters?

[unclebulgaria67]

The default notice and default date look correct. They issued notice in May, you failed to pay, so the default date was entered in July.

 

Cannot see any reasonable defence, but you may be able to negotiate repayment based on a correct amount, with some charges taken off. Wonder whether it is too late for a Tomlin order to avoid a CCJ being registered ?

[james2604]

Thanks, maybe, we have been willing to negotiate at all stages but without the initial paperwork this wasn't possible. I have heard of a Tomlin order but not sure how to start the ball rolling.

[shamrocker]

James - when was the dispute raised?

[james2604]

It was when the first double admin charges where made (mar 2011) but have no record and several times after

[unclebulgaria67]

http://www.consumerwiki.co.uk/index.php/Tomlin_order

 

If you look online, there is plenty of info on Tomlin orders.

 

You would have to think what grounds for defence you would be presenting to a court. If there are none, then you might seek to negotiate.

[james2604]

Sorry to appear absolutely stupid, I see what a Tomlin order is but struggling to see how I go about it, do I approach the claimants solicitor, do I suggest it in my defence or approach the court, really lost sorry.

[AndyOrch]

Simply suggest it to the Solicitor dealing with the claim that you may be prepared to consider settlement by way of a Tomlin Order...but in the meantime you continue to defend and submit your defence on time.

 

Regards

 

Andy

[james2604]

Ok thanks, is it worth mentioning this in ws or not

[AndyOrch]

No...off the record...simply ring them and make your proposal...long way off a WS yet if it even gets to that stage.

[james2604]

Have to file ws it is already last (post #15) been advised to email court and solicitor this morning which I have done, not received any reply from either or do I just send it without a reply. Really lost at minute with it all, heads gone sorry

[AndyOrch]

I didn't realise you was already at that stage...but no you do not refer to it in any document...simply make the proposal as it is without prejudice to your defence.

[james2604]

Is it possible someone could have a quick look at this ws and advise whether it is worth taking anything out or adding anything in would it be worth making point that no notice of assignment was received??

 

 

1. I make this Witness Statement in support of my defence in the claim.
    
   
2. This claim is for running a credit agreement regulated under the Consumer Credit Act 1974.
    
   
3. A dispute was raised several times with the original creditor, firstly in March 2011 regarding the unfair charges being added to the account, whilst payments were being made, the charges and interest were added on which on some months were more than that of the amount paid. I cannot be sure of the exact dates as I no longer hold any paperwork. The dispute raised was ignored by the creditor.
    
   
4. On 24th March 2015, in order to obtain more information about the claim and to enable me to file my defence, I made a written CPR request to the Claimants Solicitors at exhibit GJ1.
   

 

1. This information was provided by the Claimants Solicitors on 27th Aug 2015.
    
   
2. I contacted Medition by email on 15th June 2015 & 22nd June 2015 to arrange an appointment as I was fully willing to negotiate as exhibited GJ2.
    
   
3. A response was received from Mediation on 23rd June 2015 stating Mediation would not be suitable at exhibit GJ3.
    
   
4. Whilst I don't deny that monies are owed under the original credit agreement, whilst there was a dispute regarding the unfair charges, the account should have been put on hold until it was resolved.
   

[james2604]

ignore the number points as for some reason it has copied it over like this

[shamrocker]

Did you/your daughter experience any financial hardship which resulted in the missed payments? If so, mention that in any witness statement, so the judge can see that the payments weren't just withheld. Remember to begin the WS with the proper titles and also finish it off correctly.

 

The Tomlin Order is only useful if they will settle for a lower total amount or if you really need to avoid a CCJ.

 

It's unlikely that you'll get away from this without having judgement for at least part of the debt (unless you take the Tomlin route and it's accepted) - the judge will simply look at it and say "you ordered and received goods under the agreement". Therefore, it's a case of trying to squeeze the total down as much as you can - i.e. exploiting the charges dispute. If you're happy to accept that something needs to be paid, I'd personally contact Carter and offer the Tomlin but also mention that you'll be disputing all 'administration' charges at the hearing and seeking for them to be subtracted from the total plus compound interest - therefore, your offer is for the claim total minus the £300.00 admin charges. Thus, saving them on the possibility of the compound interest and further costs borne by continuing with the claim. Just offer monthly payments at a lever that is comfortably affordable.

 

There's no right or wrong answer here - just try to have a few plans in mind, with the last one being to attend court and dispute the claim total on the basis of the dispute(s).

[james2604]

Thanks shamrocker. I know i'm an absolute pain, do I need to wait for the court to email me back to confirm it is ok for me to email over my ws, I don't want it to seem like I am being rude by sending it without being granted permission first.

[james2604]

Hi can anyone help with my ? #46, feel like I should send it over but don't want to appear rude.

[AndyOrch]

You submit your WS and serve a copy on the claimant by the dates stated in Notice of Allocation (Directions)

[james2604]

Thanks but have missed that window, was advised by The Mould to send email to solicitors and court this morning to request sending ws by email, I've sent the request this morning but haven't had any replies, don't want to upset the court further by just sending it if I need to wait for their permission to do so!

[The Mould]

Hello James

 

If your WS and any supporting evidence is 20 pages or less, then email it to the Court and request an acknowledgement therefrom to confirm you have filed the same.

 

 

If more than 20 pages, simply split into 2 (or more, if required) PDFs and email it to the Court that way and, again, request as above.

 

How far away are you from your local County Courthouse? Maybe you can take it there in person and ask the Court staff for a receipt to prove you filed your WS.

 

 

Have the solicitors replied to your request as to service of your WS by email? If not, send your request to them again and mark your request as – Importance: High Priority.

 

If the solicitors do not respond by 4:30 pm today, then post a copy of your WS (and any evidence) by Royal Mail Special Delivery 1:00 pm and they will have it on the morrow.

 

 

Have you managed to calculate all the charges and interest added? If so, what is the figure?

 

 

As regards the default notice, the sum amount stated as arrears which require to be paid in order to remedy the breach, is the arrears figure correct?

 

 

Further, I will shortly post some information for you as regards Tomlin Order.

 

 

Kind regards

 

 

The Mould