Lowell/BW ClaimForm - shop direct cat 'debt'***Claim Dismissed***

[shamrocker]

Hi Kay

 

I can only refer you back to my suggestion that you hit them with a Witness Statement, which should send a clear message that this is one fight they won't win easily...if at all. Then try them for £160.

 

Andy can advise you on the realistic cost of a Tomlin Order.

[AndyOrch]

Well it was £50 in Feb of this year...I doubt it was doubled in the recent price increase.

[kay000]

Hi Kay

 

I can only refer you back to my suggestion that you hit them with a Witness Statement, which should send a clear message that this is one fight they won't win easily...if at all. Then try them for £160.

 

Andy can advise you on the realistic cost of a Tomlin Order.

 

Thanks Sham, will throw in £160 and see what happens is declined then a witness Statement will be next resort.

[kay000]

Well it was £50 in Feb of this year...I doubt it was doubled in the recent price increase.

 

Thanks Andy, so is it so that it is usually passed on to the defendant,if so what other option is there to seal an agreement?

[AndyOrch]

Thanks Andy, so is it so that it is usually passed on to the defendant,if so what other option is there to seal an agreement?

 

Usually the defendant that foots the bill Kay...some claimants cover the cost and add it to the debt without stating.....and the fee may well now be £100...unfortunately there are no other options unless you agree with the claimant without court intervention...but should anything go wrong you understand that you have no legal protection...should it require it..considering the amount in involved..I doubt they will budge or even consider a Tomlin.

[shamrocker]

To be honest, I reckon there's a fair chance they'll throw in the towel on this if you submit a good enough witness statement that challenges the charges, plus anything else you can drag into it. It's hardly worth them sending someone to court if they think they'll only end up with less than £150 judgement.

[dx100uk]

gotta agree here

[kay000]

To be honest, I reckon there's a fair chance they'll throw in the towel on this if you submit a good enough witness statement that challenges the charges, plus anything else you can drag into it. It's hardly worth them sending someone to court if they think they'll only end up with less than £150 judgement.

 

Thanks Sham, will have to start preparing a supplementary witness statement, will be happy if a brief description/format of how it is written can be shown as i have no idea how to do this. Thanks

[kay000]

Hi all,

 

 

I got a response from claimant declining my improved offer of £160.

 

 

Demanded a Final settlement of £250 to be paid once.

 

 

Obviously this suggest they are not willing to settle out of court,.

 

 

Guess the next step is a supplementary witness statement.

 

 

can any one describe how to write one based on my case or would there be similar threads on here,. Thanks

[shamrocker]

Kay - the plan is pretty simple.

I would set out a witness statement that agrees to having the account/agreement with the original creditor, but deny that there was a balance owing on the account.

 

 

Request that the claimant, therefore, substantiate the claim by way of itemised statements which detail all transactions and illustrate how the claim amount was arrived at.

 

 

State that a crude account summary did not show account activity so could not be relied upon as conclusive proof of any alleged debt being accurate, if indeed a debt actually existed.

 

 

Go on further to say that in the unlikely event that you were mistaken and there was an unpaid balance on the account, their crude account summary contains the amount of £306 for 'charges', which you understand to be default charges which are likely to be unfair and have no legal basis.

 

 

Furthermore, it would be likely that these charges incurred some interest.

Therefore, in the interests of determining the accuracy and correctness of the claim amount, the Claimant needs to provide itemised statements

- something you have already requested by way of your CPR request.

 

If you're happy going to court,

then it might not be the best option to submit the above,

and instead raise the points on the day of the hearing.

 

 

On the other hand, if you simply want to avoid court and give the claimant a bit of a wake up call and make them a bit more receptive to your F&F settlement, then consider the above.

 

 

You'll need to lay it out a bit better and expand a bit to make it flow.

Also, read up on the point about the charges having no legal basis.

 

Sham

[kay000]

Thanks a lot Sham for the insight,. Guessing all the formalities to write a supplementary statement are same with

the first witness statement I wrote.

[shamrocker]

Yes Kay, same sort of format, but headed 'Supplemental Witness Statement'.

 

Have you looked through other threads or material for examples of how to approach this and also with regards challenging the default charges?

[kay000]

Yes Kay, same sort of format, but headed 'Supplemental Witness Statement'.

 

Have you looked through other threads or material for examples of how to approach this and also with regards challenging the default charges?

 

Thanks Sham, been looking at other threads but haven't really seen any similar to mine.

[kay000]

oh , what a shame, . Ok please can you look at the below i intended as suplemantal WS and tell me what jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj

your thoughts about it are

 

 

In the Wandsworth County Court

Claim No.....

BETWEEN

Lowell Portfolio 1 Ltd (Claimant)

Of Enterprise House

1 Apex View

LS11 9BH

-and-

Mr xxxxxxxxxcxxxxxxxx(Defendant)

Ofxxxxxxxxxxxxxxxxxxxxaddress

--------------------------------------------------------

WITNESS STATEMENT OF MR xxxxxxxxxx(Defendant)

---------------------------------------------------------

1. I make this statement in support of my defence to the claim above and include relevant evidence and exhibits.

2. This claim is for a running credit agreement regulated under the consumer credit act 1974. Whilst I may have had dealings with the original creditors in the past, I do not recognise any of the account details.

3. I recall or may have had catalogue accounts a number of years ago to purchase some items on interest free credit.

4. Whilst the accounts was running,I recall making a few purchases on interest free terms. I also recall having disputes with being supplied unsatisfactory goods that I rejected and returned under the statutory sale of goods act.

5. I am unaware of any outstanding balances nor do I recall been chased by the original creditors nor ever been issued with a default notice pursuant to the CCA 1974.

6. I therefore cannot recall the details with any clarity nor make any admittance to any alleged debt.

7. On the 20/05/2016, in response to particulars of claim served upon me,I enquired for more clarity by way of a CCA request from the claimant and CPR 31.14 request on the claimants solicitor for informations including ;. I) True copy of the agreement, II) The assignment, III) The default notice, IV) The termination and, V)statement of account. I only recently received a response of an online agreement .Along with a very vague statement of account and an assignment letter which were not served with the particulars of claim at the onset.

8. The claimant and its solicitors have not been able to satisfactorily comply to my CCA and CPR request in pursuant to s 78 of the Consumer Credit Act 1974. The claimant have not been able to prove any breach of defaulted payments.

9. The claimant have not been able to clarify by way of an itemised list of how the alleged outstanding balance was derived and the legality of the charges applied to the said balance.

 

I believe that the facts stated in this witness statement are true.

 

Xxxxxxxxxxx signature

Xxxxxxxxxxxx Date

[AndyOrch]

Post moved to your own thread...it wont be seen on another posters thread..particularly in the Success forum.

 

Andy

[kay000]

Post moved to your own thread...it wont be seen on another posters thread..particularly in the Success forum.

 

Andy

 

oh sorry about that Andy, didnt realise i posted outside my thread. Please do let me know what your thoughts are on the supplemental WS. thanks.

[kay000]

oh sorry about that Andy, didnt realise i posted outside my thread. Please do let me know what your thoughts are on the supplemental WS. thanks.

 

Pls pardon my error as ive just noticed that i have posted my initial WS and not my supplemental WS. I'll post the actuall supplemental WS shortly.

[kay000]

Hi all please see actual supplemental WS for arguments against charges and balance i intend to rely on. Kindly let me know your thoughts..,

 

In the Wandsworth county court

Claim number :

BETWEEN

Lowell Portfo 1 Ltd (Claimant)

Of Enterprise House

1 Apex View

LS11 9BH

-and-

Mr (Defendant)

Ofxxxxxx Address

 

---------------------------------------------------------------------------------- SUPLEMENTAL WITNESS STATEMENT OF MR (DEFENDANT)

----------------------------------------------------------------------------------

1. I further make this statement in support of my witness statement to the claim above.

2. This claim is for running credit agreement regulated under consumer credit act 1974. Whilst I have had dealings with the original creditors in the past, I do not recall there being a balance or receiving a default notice on the account.

3. I raised in my witness statement the need of the claimant to substantiate the claim by way of itemised statements which detail all transactions on the said account and illustrate how the claim amount was arrived at.

4. In the unlikely event that I was mistaken and there was an unpaid balance on the account, the crude account summary from the claimant contains the amount of £306 for 'charges', which i understand to be default charges which are certainly unfair and very likely to have no legal basis.

5. Furthermore, it will be likely that these charges incurred some interest. Therefore, in the interests of determining the accuracy and correctness of the claim amount, the claimant needs to provide an itemised statement.

6. The claimant and its solicitors have not been able to satisfactorily comply to my CCA and CPR request in pursuant to s78 of the Consumer Credit Act 1974.

7. The claimant has not been able to clarify by way of an itemised list of how the alleged outstanding balance was derived and the legality of the charges applied to the said balance.

 

8. I believe that the facts stated in this Supplemental witness statement are true.

 

XXXXXXXXX Signature

XXXXXXX Date

[kay000]

I have just posted the new Supplemental WS for arguments against charges and balance amount. Please let me know your thoughts on this hearing is on the 10/01. Want to send out first thing tomorrow, thanks.

[AndyOrch]

Yes its fine...just amended your reference to sec 77/78/79...only refer to the applicable section.

 

Regards

 

Andy

[kay000]

Post moved to your own thread...it wont be seen on another posters thread..particularly in the Success forum.

 

Andy

 

Thanks Andy

[kay000]

Yes its fine...just amended your reference to sec 77/78/79...only refer to the applicable section.

 

Regards

 

Andy

 

Thanks Andy, please am i correct with the charges of £306 applied., please help review.

[AndyOrch]

Thanks Andy, please am i correct with the charges of £306 applied., please help review.

 

I really dont know kay ...only you know how the account was conducted...whether they were applied validly or not during the life of the agreement..as long as Lowell have not added anything... you fight it with the terms and conditions of the agreement and the nature of any alleged breach.

[kay000]

Thanks Andy

[Tulip637]

Hiya,

I've not commented before as i couldnt help at all, but have been avidly reading as i am going through very similar but a month behind, and i was just wondering how it all went x