Lowell/? claimform - Old Cap1 card 'debt'

[Browneyes1929]

bugger should I call them and change it? maybe ask for clarification say I was talking to a friend blah blah?

 

I've not actually spoken to anyone and the email does say they will try to call me to confirm everything.

[AndyOrch]

I've not actually spoken to anyone and the email does say they will try to call me to confirm everything.

 

Yes they will and they will ask you if you are receipt of everything.....if not state so...mediation will be aborted.

[Browneyes1929]

I spoke to the mediation service and said Lowell haven't sent all the paperwork.

She said the case would be referred to my local court but the district judge may send it back to them if Lowell send me all the paperwork.

 

I'm up to page 17 of that most riveting 59 pages of Carey V HSBC.

Will make notes and ask questions over the weekend.

 

 

Thank goodness for bookmarking on iBooks.

 

 

I know what a credit token is now.

Fascinating!!!

Anything else I need to do?

[Browneyes1929]

How long does it normally take for the court to get back to me?

[AndyOrch]

How long does it normally take for the court to get back to me?

 

Varies by court on the workload...3/4 weeks...but your not in any rush...

[Browneyes1929]

I have received my Notice that my case is to be heard at Liverpool county court on the 11 of Jan.

 

according to the paperwork I have to get my witness statement in fourteen days before

I think that needs to be Friday to take account of the Christmas period.

 

I've not received anything more from Lowell.

The hearing fee has been paid.

 

Can someone advise on what I need to do next.

 

It says

 

"The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not bee prepared and copied to all parties and the court in accordance with the paragraphs above".

 

when I spoke to the court the extremely curt gentleman told me that the claimant may have deemed his statement on the original claim to be enough although I pointed out that they'd not originally sent me any copies of the paperwork mentioned in the claim to begin with. Nothing to do with him apparently .

 

To date they've sent me a copy of the notice of default, computer print synopsis of statements and a photocopy of the short application form I signed in 2004 with no prescribed terms. They've not sent a copy of the notice of assignment or any terms and conditions.

 

please advise. Ive never written a witness statement before.

I think my defence is what they sent didn't have any prescribed terms on the application form therefore the agreement is unenforceable (could the terms have been on the back?

would that matter?

I don't remember but I don't understand why Carey vs HSBC doesn't apply.

 

Also do I say something about not receiving the Notice of assignment so therefore I am unsure if they own the debt but I would presume they would bring that to the hearing??!! and is that a defence?

 

do I have to put in my witness statement details of my earnings.

 

I earn very little, and have no savings but I do own my house, no mortgage, can they take that??

[AndyOrch]

This is the Notice of Allocation and Directions.

 

So you must disclose all documents you wish to rely on and also draft a witness statement and file and serve by the dates stated.

 

Not sure why you rang the court with regards to the claimants disclosing documents...we are at that stage now.

 

Plenty of threads to read with other users all ready at this stage and examples of witness statements.

 

Andy

[Browneyes1929]

One of the forums says I should contact lowell to ask when they are sending their statements in so that we exchange on the same day and include that conversation in my statement so that they can't use my statement to produce theirs.

Is that correct?

 

Also with the postal strikes what in my statement gets delayed?

[AndyOrch]

One of the forums says I should contact lowell to ask when they are sending their statements in so that we exchange on the same day and include that conversation in my statement so that they can't use my statement to produce theirs. Is that correct?

No ..stay away from that forum from here on

 

Also with the postal strikes what in my statement gets delayed?

Email it also

 

Andy

[Browneyes1929]

Hi my court date is Wednesday.

 

I submitted my defence which was received by the court on the 29th December 2016 as did Lowell Solicitors (the last day permissible by the court. I have the proof of deliveries.

 

Lowell Sent their witness statement to me on the 29th December (Envelope franked on the 29th December, although the letter is dated 28th December) so i didn't receive it until the 2nd of January.

 

Will the court strike their witness statement out as I know the court hadn't received anything from them by the 29th unless are they were allowed to file electronically?

 

The only new thing Lowell sent in their witness statement is a notice of assignment and some copies of chasing correspondence purportedly sent to me.

 

please find below the defence I submitted,

 

I ran out of time to get it on the forum to have it checked before I sent it

but would appreciate any comments and any advice on conducting myself at the court and what to take with me, aside from the original exhibits.

 

Thanking you in advance.

 

Also they've lied in their Witness statement stating that on the 5th August they sent a response to my CPR "enclosing the notice of assignment and informing the Defendant that the Claimant has requested the other documents from the original creditor, and on receipt a copy would be provided" .

 

 

They didn't and they've not put a copy of that letter as an exhibit.

 

They've asked that the court strike out the defence in accordance with CPR3.2(2) as the Defendants statement discloses no reasonable grounds for defending a claim,

 

Obviously they are basing this witness statement on the original no documents received defence.

Lowell Defence Jan 2016 redacted.pdf

[AndyOrch]

Just a couple of points so you are clear when you attend the hearing Browneyes.

 

Dont mix a defence with a witness statement...two completely different documents and should be referred to as same...so your upload of today is your witness statement.

 

Also you have failed to sign your " witness statement " with a Statement of truth or date as directed to in your court directions...wish you would have had time to upload it first for checking.

 

With regards to the hearing take your file complied...claim /defence/CPR/CCA requests responses/your witness statement and the claimants witness statements and exhibits.

 

You can make a list of bullet points if you have anything to raise...IE late submission by the claimant of witness statement and exhibits and missing exhibits.

None compliance with all documents ordered by the court to disclose.

 

Challange the claimant on what grounds he relies on to request strike out of your defence pursuant to CPR3.2(2) given that to have also failed to disclose anything sufficient in support of their claim and therefore their statement of case should also be struck out .... CPR3.2(2)

 

Get the idea?

 

And simply relax its very informal...address the judge a Sir/Marm...time will fly very fast...listen...question...and argue your points.

 

best of luck

 

Andy

[Browneyes1929]

no i did sign it correctly exactly as the court instructed i just removed those bits in the redacted version.

[AndyOrch]

no i did sign it correctly exactly as the court instructed i just removed those bits in the redacted version.

 

Just remember its a witness statement then:-D

[Browneyes1929]

will do, thanks for the feedback.

[Browneyes1929]

One thing I've just thought of. If I win tomorrow is the agreement then unenforceable? what happens then with regards to that debt does my credit file have to be changed is it like the debt was never there in the first place i.e. what do I do next?

[dx100uk]

Nope doesn't change anything toward the enforceability credit file wise

[Browneyes1929]

could you elaborate? Thanks

[dx100uk]

a credit file is a record of how you financially conducted yourself

unenforceability doesn't mean it magically changes what you did

[AndyOrch]

Only the court claim fails...everything else is as was....with the exception that the Statute of Limitations starts to tick again.

 

Andy

[Browneyes1929]

the judge complimented my statement and layout of the exhibits.

commented that I had raised a lot of "technical" points.

 

Kept their witness statement in as most of what was in it was in mine.

 

Went through the notice of default

decided that was okish.

 

"was very concerned" about the lack of relevant terms and conditions and prescribed terms on the signed "Application form" and lack of info on the statement to explain how the outgoings were worked out

 

gave a stay of 12 months for lowell to produce the relevant terms and conditions.

I pointed out shouldn't it be a signed agreement with the relevant terms on it and the judge said that would be up to the next Judge to determine.

 

not exactly a win just a watch this space?

 

 

does it sound good or bad news based on anyones experience?

[AndyOrch]

" gave a stay of 12 months for lowell to produce the relevant terms and conditions "

 

Months or weeks ?

 

 

This was a District Judge...not the Usher ?

[Browneyes1929]

District Judge and 12 months

[AndyOrch]

Oh well on top of the 6 months already passed Im sure that they will be unable to conjure anything up over 16 months...whats another 12 months in the grand scheme of litigation:wink:

[Browneyes1929]

I was wondering if they might try to get a carey v hsbc reconstituted terms and conditions through.

 

but it would still need an signed agreement and from what I can see having read the law and the regulations that application form isn't one, is it??

 

And wouldn't they need to get someone from capital one to testify that those T&Cs were valid then?

 

considering capital one didn't have anything with the application form at the time they can't prove anything.

 

I wonder if there is any ombudsman or case law that might show capital one didn't?

[AndyOrch]

I personally wouldn't worry Browneyes...they wont go to all the aggression and further cost...simply isn't worth it...doubt you will ever hear anything further from them.

 

You was not suppose to defend...thats the game.