carter/lowell claimform - vanquis 'debt'***Claim Discontinued***

[AndyOrch]

You both follow the directions provided in your Notice of Allocation and both must comply by the dates stated...any party who fails to comply risks their claim/defence being struck out or other sanctions being imposed by the court.

 

Disclosure and Witness statement is your/their evidence......if neither of you submit it it makes the trial rather difficult to proceed as both of you can then only rely on verbal evidence...if the court allow it to proceed.

[walpants]

ok thank you I will wait a bit and see where we're at after that then.

[AndyOrch]

In the meantime start looking at how to draft a witness statement...as you may not get much assistance over the festive period.

[walpants]

ok thank you I will do.

[walpants]

just having a look through some success threads and came across this post

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439677-Cabot-Weightmanns-claimform-old-Vanquis-card-debt-***Claim-Discontinued***

 

on it its saying that as its post 2007 they don't need an agreement, if this is the case I don't have a leg to stand on do I?

[AndyOrch]

So why did the claimant discontinue ?

[walpants]

I don't know I didn't get to the end of the post cause I had to come to work. I got to that part and panicked.

[AndyOrch]

Always read everything and preferably to the conclusion before panicking

[walpants]

ok yes sorry I should have read the whole thread, but I was rushing before work and freaked out a little.

 

I have now read the whole thread and it seems it didn't get as far along as my case is now before they gave up.

 

they also had far more communication from the solicitors than I have had.

 

I have just re read the letter received on 27th july from bryan carter and have realised that it is relating to the cpr request

and not the cca request so in fact as it stands they haven't even acknowledged that request.

 

I guess I need to keep reading to find a case that gets to the point of needing to put a defence together

- I must admit I really don't know where to start!

[AndyOrch]

 

I guess I need to keep reading to find a case that gets to the point of needing to put a defence together - I must admit I really don't know where to start!

 

Witness statement ...you have already submitted your defence.

[walpants]

thanks, see I don't even know what its called let alone what should go in it!! lol

[dx100uk]

well its about time you got upto speed...

 

you've known about this since july.

 

preparation on what could happen

and what you need to do is everything..

 

...cag is a self help site too you know!!

[walpants]

I have been reading on here and googleing but when it comes to doing a witness statement im not finding much information on that other than it is different for everyone and there is no set template to follow.

 

 

I am trying to help myself and im not asking anyone to do it for me its just having no experience in this field at all and not being the most academic person I am struggling to get started with it. im sure I will get there though.

[AndyOrch]

Witness statement and template are a contradiction in turn walpants...a witness statement is unique to your case in your own words in support of your defence...there are plenty available here for you to look at and get an idea of format /content.

 

Andy

[walpants]

hi, im just in the process of putting together my witness statement

 

have just looked at my credit report and the date the agreement started was 14/03/2007.

 

does this change anything as I think I have read some where that what ever it was that changed in 2007 happened in april

and so this was taken out before that.

[dx100uk]

but was prob an online signup anyway...?

[walpants]

I honestly have no idea how I did it.

[dx100uk]

wel regardless to that

they have got to produce 'something' to even claim the debt is enforceable

 

 

they haven't.

 

 

don't speculate

stick to the facts you know from their [non] actions

[walpants]

ok, if I post my statement up here when its done would you have a look over it for me please? just to be sure im on the right track.

[dx100uk]

well that's where you'll get your inspiration from

as others have done already..

 

type in witness statement in the red toolbars' search CAG box

[walpants]

ok this is what I have put together, I hope its at least close to what I needed to do, i have printed off copies of all documents and listed them as exhibits, including the letters i sent them, the proof of postage and delivery and the letter they sent back to me.

i don't have a scanner though so i have taken pictures of each document and printed that out, i hope it will be ok it is perfectly readable and i have the originals kept for me to take with me if it comes to it.

IN THE LEICESTER COUNTY COURT

Claim No. xxxxxx

 

BETWEEN:

Lowell Portfolio I LTD

Claimant

- and –

Defendant

xxxxxxxxx

_________________________________

 

WITNESS STATEMENT OF xxxxxxxxxxxxxxxx

_________________________________

 

 

 

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

 

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

 

2. This claim is for a running credit agreement regulated under the Consumer Credit Act 1974. I believe the account was opened in 2007; however 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. The original account was opened with a company called 'Vanquis'.

 

3. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at.

 

4. On 18/07/2015I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of £1. [EXHIBITS A and B].

 

5. Consumer Credit Act s.78(1) states

Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer.

 

 

6. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement.

 

 

7. On 18/07/2015, in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBITS C and D].

 

8. On 29/07/2015, a letter was received from Bryan Carter in response to my CPR request [EXHIBIT E] but I am still not in receipt of the documents I requested.

 

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. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time.

 

 

 

Statement of Truth

 

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

 

 

Signed: ________________________________

 

Dated: 22/12/2015

[AndyOrch]

Thats fine WP...not sure about quoting 5 & 7 in full ...perhaps just shorten it a tad...District Judges dont like to be told the law....even if necessary sometimes.

[walpants]

thank you for looking over it,

 

 

I have shortened number 5 and taken out number 7 completely as I didn't think I could shorten it really.

 

 

and number 6 states that they have failed to comply

 

 

so hopefully that is enough.

[walpants]

well I posted them on wed 23rd 1st class recorded,

 

 

carters arrived with them on 24th

 

 

but the court copy which had to literally go about 20 mins down the road hasn't made it there yet,

 

 

I hope they will be a little lenient seen as its xmas.

[dx100uk]

you only get one extra day for xmas day