Lowell/Bryan Carter/Shop Direct County Court Claim***Claim Struck Out***

[dx100uk]

they would still have to give you time to study any new docs

 

 

and no you can negotiate the terms of a tomlin to include the removal of charges/ppi

and make it a suitable and acceptable payment level.

 

 

plenty of water to flow under the bridge yet mind.

[AndyOrch]

I would sit tight and wait...see if they submit a Witness Statement and standard disclosure...this is the point that BC normally cant be bothered with...especially paying the Allocation Hearing Fee....lets review if /when you receive the above and that he has complied fully with the courts directions.

 

Regards

 

Andy

[gobster]

So I now have BC's Witness statement along with all their evidence. All the evidence is the same as what I have already received.

 

Looks like they don't plan on attending though, good news there.

 

So I need to get my Witness statement done as it needs to be with the court and BC by the 30th. Does anyone have any advice or examples that I could use for this?

[dx100uk]

There are examples to base on

 

Type witness statement in the search cag of the top red toolbar

 

Have ago and we'll tidy

[gobster]

Here's my first draft.

 

In the County Court at Leicester

Claim No. xxxxxxx

 

BETWEEN:

Lowell Portfolio I LTD

Claimant

- and –

Defendant

Mr xxxxxxxxxxx

_________________________ ________

 

WITNESS STATEMENT OF xxxxxxxxx

_________________________ ________

 

 

 

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

 

2. This claim is for a running credit agreement regulated under the Consumer Credit Act 1974. I can not recall when the account was opened as I no longer have any paperwork pertaining to the account. I do not recall signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement.

 

3. I applied for a catalogue a number of years ago and purchased some items on interest free credit.

I fell behind on payments and tried numerous times to come to an arrangement with the original creditor so that I could resume payments in an affordable way. This was never resolved and to my understanding the account is still in dispute. I don’t recall receiving a Default Notice pursuant to the CCA1974 and the claimant hasn’t provided any proof that one was sent.

 

4. Whilst the account was open I ordered goods to be delivered to me on an account basis and made monthly payments towards the account. The alleged statement of account sent to me by the claimant is not a genuine Shop Direct statement, the claimant is attempting to mislead and charge me for certain items without knowing what they are.It is therefore denied that any alleged amount is outstanding or owing.

 

5. On 15th May 2015 I made a written request to the Claimants for a true copy of the credit agreement under s.77(1) of the Consumer Credit Act 1974. I enclosed payment of £1.

 

6. On 15th May 2015 , in order to obtain more information about the claim, I made a written CPR 31.14 request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.

 

7. The Claimant has since sent copies of the credit agreement along with an alleged statement of account. There appear to be terms missing from the credit agreement and the alleged statement doesn’t provide a conclusive itemised list of how the balance was reached.

 

8.It therefore for the above reasons that any alleged amount outstanding is denied.The claimant has failed to fully explain or quantify the balance claimed.

 

 

 

Statement of Truth

 

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

 

xxxxxxxxxxxxxx

Dated:25th October 2015

Edited October 27, 2015 by Andyorch
Edited

[gobster]

I need to send my Witness Statement off tomorrow at the latest so if anyone has chance to look it over would be much appreciated.

[shamrocker]

I for one will take a one will take a close look at it later this evening - have a some stuff on until then.

 

Sham

[AndyOrch]

Witness Statement tidied and edited (Post#55)...please check for accuracy.. edit/amend to suit.

 

Regards

 

Andy

[gobster]

Thanks Andy, much appreciated. Just to clarify, do I need to send anything with the Witness Statement? Obviously I have no evidence to submit so should I just include a brief cover letter?

[AndyOrch]

As you have not referred to any exhibits within the Witness Statement then no...but your standard disclosure (for the courts bennefit) would be CPR/CCA requests and responses/disclosures.I know the claimant has already sent them to you.....and it seems silly to send them back but you copy your disclosures to the court...who has not seen them.

[gobster]

Ok, does that include the credit agreement/statement that I received? Because that wasn't a direct response to my request, they only sent it when the court order was made. Plus the court will have already seen it.

[AndyOrch]

If you have referred to them in your WS then they become part of your disclosures.....anything that you do no disclose you can not use or rely on.

[gobster]

Right, so CPR/CCA requests, BC's refusal letter and the credit agreement/statement. And I'm guessing I need to mark these up with numbers in a similar way to how the claimant has done so? Sorry for all the questions, just really don't want to mess anything up at this stage.

[AndyOrch]

Correct

[gobster]

Claimant has marked their exhibits AD1, AD2 & AD3. Do I continue that with AD4 etc or does it really matter?

[AndyOrch]

No you can mark them as you wish

[gobster]

Awesome, one final question I promise lol, do I send a copy to Lowell AND BC?

[AndyOrch]

Of your WS and Disclosures ? Yes its usually stated within the Notice of Allocation directions.

[shamrocker]

Only Bryan Carter, as he is their legal representative and is handling the claim.

[gobster]

Yea it says deliver to the other party, just wasn't sure if both of them needed a copy.

[AndyOrch]

Copies to Court and BC...not the claimant

[gobster]

Well the hearing is just under a couple of days away now

 

. I was wondering if dx pops in, would you be able to shed some more light on the terms that are missing in the agreement so that I can use this to my advantage on the day?

 

I'm going to tackle the statement as a major part of my defence as there are a few holes within that,

 

such as the question marks next to some of the transactions and the numbers not adding up the same as their totals.

 

As nervous as I am about the whole process I reckon I stand a good chance, at least getting the figure down a lot.

 

Also there was mention of a tomlin order incase things don't go to plan.

 

Could anybody advise me or point me in the direction of how to sort this out?

 

Thanks in advance

[AndyOrch]

Let us see what your witness statement relies on first........post a copy here.

 

Andy

[gobster]

1. I, ***************, make this Witness Statement in support of my defence in the claim.

 

*

 

2. This claim is for a running credit agreement regulated under the Consumer Credit Act 1974. I can not recall when the account was opened as I no longer have any paperwork pertaining to the account. I do not recall signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement.

 

*

 

3. I applied for a catalogue a number of years ago and purchased some items on interest free credit.

 

I fell behind on payments and tried numerous times to come to an arrangement with the original creditor so that I could resume payments in an affordable way. This was never resolved and to my understanding the account is still in dispute. I don’t recall receiving a Default Notice pursuant to the CCA1974 and the claimant hasn’t provided any proof that one was sent.

 

 

*

 

4. Whilst the account was open I ordered goods to be delivered to me on an account basis and made monthly payments towards the account. The alleged statement of account sent to me by the claimant is not a genuine Shop Direct statement, the claimant is attempting to mislead and charge me for certain items without knowing what they are. It is therefore denied that any alleged amount is outstanding or owing.

 

*

 

5. On 15th May 2015 I made a written request to the Claimants for a true copy of the credit agreement under s.77(1) of the Consumer Credit Act 1974. I enclosed payment of £1. This is exhibited at ‘AB1’.

 

*

 

6. On 15th May 2015 , in order to obtain more information about the claim, I made a written CPR 31.14 request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case. This is exhibited at ‘AB2’.

 

*

 

7. The Claimant’s solicitors responded on 22nd*May 2015 refusing to send the relevant information requested. This is exhibited at ‘AB3’.

 

*

 

8. The claimant has since sent copies of the credit agreement along with an alleged statement of account. There appear to be terms missing from the credit agreement and the alleged statement doesn’t provide a conclusive itemised list of how the balance was reached. These are exhibited at ‘AB4’.

 

*

 

9. It therefore for the above reasons that any alleged amount outstanding is denied. The claimant has failed to fully explain or quantify the balance claimed.

[AndyOrch]

Already checked that post #58 thought it looked familiar.

 

Have you uploaded a copy of the agreement and T&Cs ?