lowell/carter claim - old welcome finance 'debt'

[Jocker2000]

Thank you AndyOrch would you suggest I reply with agreement?

The reason I ask is Bryan carter solicitors must make a payment of £335 for the hearing fee by the 4th December, do you think they will look at the strength of my defence first before they decide to proceed?

 

Hi Andyorch thank you so much for your prompt response I really appreaciate it,

 

 

do you suggest I agree to the date?

 

 

the reason I ask is they are due to pay a hearing fee of £335 on the 4th December 2015, do you think they wish to look at the strength of my defence before they proceed?

 

 

thanks in advance

[AndyOrch]

I would assume that that's the reason and deciding factor behind his request...this is only a request from the Solicitor and not the Court so you must act civil and consider.Its of no benefit to your self as your WS/ disclosure and bundle will be minimal (as theirs should also be).

 

I personally cant see any advantage by accelerating the dates...and therefore its your choice to accept or decline or offer alternative...you could agree 12th November....only gets an xtra 4 weeks that way...but its your choice.

 

Andy

[Jocker2000]

Thank you Andyorch you are a real star. I will follow your advice and is it ok to come back to you at a later date should I require any further advice?

[AndyOrch]

Thank you Andyorch you are a real star. I will follow your advice and is it ok to come back to you at a later date should I require any further advice?

 

Absolutely

[Jocker2000]

Dear Andyorch I hope you are well, please may I ask once again for your expert advice, I have now requested a copy of my signed credit agreement from Lowell Financial who have instructed Bryan carter solicitors to take me to court in December, I have sent a previous request to Bryan Carter solicitors both enclosed a postal order for £1 ad the template request downloaded from this site.

 

 

I have not received a response from Bryan carter solicitors but received the following response from Lowell yesterday:

 

 

We thank you for your recent letter and apologise for the delay in replying.

 

 

Your comments have been noted with regards to your request for a copy of the consumer credit agreement under S77-79 of the consumer credit act 1974.

 

 

Please be advised that although Lowell financial is still the legal owner of the account, the general management and handling of this has been outsourced to Frederickson International Ltd and as a result of this all of your future communications should be sent directly to them in relation to this matter.

 

 

Frederickson International Ltd

PO Box 260

Weybridge

Surrey

KT13 0YH

 

 

We would also like to advise you that we have requested our finance department to arrange a refund of the £1.00 fee enclosed with your request and this is a duplicate payment. This will be sent to you by separate post.

 

 

We have also forwarded a copy of your letter to Fredrickson for their attention and direct response to you.

 

 

We hope that the above meets with your approval but please do not hesitate to contact us on the number at the top of this letter should you require any further assistance.

 

 

Does this mean I now need to send a request for my credit file to Frederickson? I have not heard of these guys and not received any correspondence, is this a tactic to mussy the waters? I initially sent my request on the 9th July.

 

 

thank you in advance.

[AndyOrch]

No you dont need to do anything jocker...they have forwarded your request to the next desk along.......looks like time is ticking away to retrieve a copy of the agreement:-)

[Jocker2000]

Thank you Andy

 

 

I sent the 2nd request on the 21st September 2015, will I have to file an amended defence as my first defence was based around the limitation act, which was 1 day out, if so would you be kind enough to tell me the procedure for this and if in fact I need to contact the court at this time?

 

 

thank you again.

[shamrocker]

Going back to your earlier posts Jocker - this makes things interesting:

 

"When did you enter into the original agreement before or after 2007?15th September 2006"

 

This is the first time I've seen your thread so will take a proper read through tonight or tomorrow and see if there's anything I can help you with. All because I love Lowell and their mate Mr Carter!

[AndyOrch]

Thank you Andy

 

 

I sent the 2nd request on the 21st September 2015, will I have to file an amended defence as my first defence was based around the limitation act, which was 1 day out, if so would you be kind enough to tell me the procedure for this and if in fact I need to contact the court at this time?

 

 

thank you again.

 

Why did you make a second request?...you will have to refresh my memory jocker.......and its a bit late in the day to be submitting an amended defence....there would be a fee and most probably the claimant will hammer you with costs?

[Jocker2000]

Hi Andy

 

 

I initially sent the request to Bryan Carter solicitors not Lowell as I understand it has to be made direct to the claimant, I have to exchange documents on or before the 14th November is it best to adjust my defence then?

 

 

Kind regards

 

 

Jocker

[AndyOrch]

For what reason do you wish to amend your defence?

[Jocker2000]

To ensure my defence is based on not having received a copy of my credit agreement if in fact they do not send it, rather than it being based on the debt being statute barred which it is 1 day away from being 6 years old.

[AndyOrch]

I personally would leave it...you can add that to your Witness Statement.......wait until you receive their WS and I will show you how to overcome it.

 

Regards

 

Andy

[Jocker2000]

Thank you so much Andy your advice has been fantastic.

[AndyOrch]

What date are you due to exchange witness statements ?

[Jocker2000]

November 14th

[AndyOrch]

Excellent ...bit of time to run ...and time for him to discontinue the claim.

[Jocker2000]

Hi Andyorch I hope you are well,

 

 

I have to submit my defence to Bryan carter solicitors and to the court on or before the 12th November

and wanted your help in sending the correct information.

 

 

I have not received an original or copy of my signed credit agreement despite sending 2 requests by recorded delivery

and enclosing a postal order for £1.

 

 

Bryan Carter did send me a blank generic application form used by Welcome with no details on it at all!

 

 

Please may I have your advice regarding submission of a defence for not supplying the original agreement.

 

 

thank you in advance.

[shamrocker]

You mean 'witness statement', not defence...right?

 

Have you received a witness statement from Carter yet? I would guess that you'll receive it right on the deadline. Have you had a look at other threads to get an idea about the role of the witness statement?

 

Sham

[Jocker2000]

Yes sorry you are correct, witness statement is correct,

 

 

I have not looked at any other threads, to be honest I am a bit of an IT dinosaur and struggle at the best of times,

 

 

I did not want to make any mistakes in relation the correct wording of the statement,

 

 

do you know of any threads that could perhaps supple a template that is specific to this type of witness statement?

[shamrocker]

There isn't a template. Every witness statement is specific to the claim and the content of it is determined by the factors you wish to draw attention to.

 

 

You'll get a fair amount of help here, but you really need to have a read up on other threads

and find examples of witness statements which will give you some understanding of what needs to be in yours.

 

 

It's your opportunity to pick holes in the claim which will undermine them and also push them to provide certain bits of key information.

..CCA, statements of account, etc. etc.

 

 

Basically try to back them into a corner..

...or at least give them some work to do (particularly useful in smaller amount claims).

 

Sham

[Jocker2000]

Thank you so much for your help.