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Lowell/? claimform - old cap1 card debt - poss SBd***Claim Discontinued***

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Hi All

 

I hope you are all well. I have received the notice of allocation with a date set for October.

It is saying to prepare evidence and ensure all parties have a copy and to bring originals to the trial.

A fee of £115 is also payable by the claimant by 28th of Sept. or the case will be struck out.

Do I wait til after this date to see what happens or if they forward me evidence to which they wish to use in court?

A copy of the mediation document was also included with the Notice of allocation. As I have already been through mediation, do I just ignore that ?

 

 

Many thanks

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unless you do get a notice it is struck out

you make sure your WS is ready to roll 14 days before the hearing date


..

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Thanks Dx

 

If I dont get a notice, dont I need more time to ensure the witness statement reaches all parties or is 14 days more than enough?

Do they not need to have it in their possession withing a certain time frame?

 

Oops.. Please ignore the last question. I just read the paper and it states that it needs to be with all parties 14days before the court date..

 

My bad

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I'll wait til this date passes and fingers crossed, that will be the end.. If not, I will begin with WS for the hearing though I hope it wont get that far. Hope they decide not to pay the £115 but time will tell

 

Thanks again Dx

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Get working on your WS and don't not leave it to the last minute, the more prepared you are the better your standing and understanding of the case and procedure.

 

Never leave something as important as this too late, even if you never actually need it, it prepares you with dealing with any possible future issues.


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Good Morning All.

 

I have just called the court and been notified that the fee was paid and the hearing is moving forward.

May I have some assistance please on how best to proceed?

 

The court document states that each party must deliver to the court and the other party, documents in which they wish to rely on no later than 14 days before the hearing date and original documents brought to the hearing.

 

I dont have documents to produce other than the requests I made months ago for proof.

I have also not heard anything from the Solicitors

 

Please Help

Thanks in advance,

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Get working on your WS and don't not leave it to the last minute, the more prepared you are the better your standing and understanding of the case and procedure.

 

Never leave something as important as this too late, even if you never actually need it, it prepares you with dealing with any possible future issues.

 

You have had since 1st August to prepare this ?


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I have been working away for most of the last 6 weeks and honestly thought it wouldn't get this far as they hadn't provided the default and credit agreement I request

 

and also the fact that I have not heard nothing from them other than a reply to my original request and confirmation of mediation

 

so please please.. I need help to get this prepared in ASAP and in the post.

 

I'm on my way to work now but will continue popping in to check updates etc and advice on how to prepare.

 

Thanks in advance

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Plenty of credit card claim witness statements already here where they've sent nowt so far

 

What date is your hearing?


..

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Hi

 

Its the 24th of October.. Sorry just left my house and rushing to work

I will check back in ASAP.

 

I'm just starting to read through threads. If they've sent nowt, surely they wont be able to win the case? at least thats my assumption but nevertheless, I will put forth my best defence in preparation. I don't want to be caught out if I can avoid it..

 

Thanks

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The following thread contains good information on preparing your standard disclosure and witness statement....edit to suit.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?478434-Asset-Collections-claimform-Multiple-Lending-Stream-PDls-in-one-claim/page5&highlight=Asset+Collections


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Hold yours till the last moment but write it now

Cause they might well cough all docs in their WS that you might have to reply to in yours

 

Dx


..

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You must submit /serve by next Wed 11th


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Thanks guys . I ll get working on it this evening .

 

Thanks again

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Hi All

 

Can you please look over the below WS?

Its my first draft. As of this morning, I have yet to receive any further correspondence,

 

Please advise on any changes that may better my defence.

 

Thanks in advance.

 

 

 

 

 

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

 

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

 

1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

2. On or around the 15 May 2017, I received a claim form from the County Court Business Centre, Northampton, for the amount of £xxxx.84. The claimant contends that the claim is for the sum of £xxxx.15 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).

 

3. Contained within the claimant’s particulars, the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when any alleged Default Notice occurred or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice.

 

4. The particulars of claim state the debt was assigned to the claimant, Lowell Portfolio LTD on xx/xx/201x and that Notices were provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignments.

 

5. On xx May 2017 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclose a copy of the letter sent directly to Lowell Solicitors LTD requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT B].

 

6. On xx May 2017 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C].

 

7. I have not received any of the documents mentioned in the claimants claim form.

 

8. On xxth June 2017 the Claimants solicitors replied [EXHIBIT D] to my written request CPR 31.14 without the requested documents.

 

9. On xxth June 2017, the Claimant’s solicitors included a Notice of Assignment printed on blank white paper which was supposedly provided by Capitol One and a second letter introducing Lowell [EXHIBIT E]. The letter also stated that a request for the Default Notice and agreement has been forwarded to their client and they will endeavour to provide evidence as soon as possible as this is dependent upon receipt from the original creditor. To date, the default notice and agreement have yet to be provided.

 

10. CPR Rule 31.15 requested that documents are to be provided within 14 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form within the time frame stated. [EXHIBIT F]

 

11. The claimants request for costs on an indemnity basis is denied. The Court of Appeal held that if there is no explicit contractual term in the agreement providing that costs should be paid on an indemnity basis, costs should be ordered on a standard basis rather than an indemnity basis. Therefore CPR 44.5 is not applicable in this instance.

 

12. Having regard to the above it is respectfully requested that the claimant’s application is denied and the application to lift the stay and seek strike out/summary judgment is dismissed. The claimant was offered an affordable payment arrangement as confirmed in its witness statement at 7.(iii) The claimant declined to accept and in full knowledge of my financial position still issued a court claim fully aware that this action is counterproductive but very cost effective and allows themselves and client to profit from debtors misfortunes. I therefore respectfully request the court to intervene and dismiss the claimants claim and to allow a payment arrangement be put in place without the need of judgment and obvious further execution by way of a charging order which is the claimants real and truthful intentions.

 

Statement of Truth

 

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

 

 

Signed: _________________________ _______ Dated: _________________________ _______

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Point 10 is not applicable...we have yet to get to disclosure so CPR 31.15 or 31.14 ?


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Thanks Andy. I will remove point 10.

Are there any other recommended changes?

 

Many Thanks

 

I initially made an error regarding the debt being statute barred which I later found out was incorrect. My initial defence was based on that which the solicitors replied to in the letter they sent me.

Do i need to mention that anywhere at all?

Even though they mentioned that it was stature barred, they did not provide proof. Only date info in their reply.

 

Thanks

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is it an application to lift and summary judgment, or normal trial process?

just wondering re your para 12 in your statement

 

also, have they asked for costs on indmenity (your para 11)?


IMO

:-):rant:

 

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Hi Ford.... Sorry thought I had removed that last bit before saving the document.

 

Its my first court date so normal trial process.

 

 

Please see revised WS.

 

 

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

 

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

 

1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information).

 

The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

2. On or around the 15 May 2017, I received a claim form from the County Court Business Centre, Northampton, for the amount of £xxxx.84. The claimant contends that the claim is for the sum of £xxxx.15 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).

 

3. Contained within the claimant’s particulars, the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when any alleged Default Notice occurred or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice.

 

4. The particulars of claim state the debt was assigned to the claimant, Lowell Portfolio LTD on xx/xx/201x and that Notices were provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignments.

 

5. On xx May 2017 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclose a copy of the letter sent directly to Lowell Solicitors LTD requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT B].

 

6. On xx May 2017 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C].

 

7. I have not received any of the documents mentioned in the claimants claim form.

 

8. On xxth June 2017 the Claimants solicitors replied [EXHIBIT D] to my written request CPR 31.14 without the requested documents.

 

9. On xxth June 2017, the Claimant’s solicitors included a Notice of Assignment printed on blank white paper which was supposedly provided by Capitol One and a second letter introducing Lowell [EXHIBIT E]. The letter also stated that a request for the Default Notice and agreement has been forwarded to their client and they will endeavour to provide evidence as soon as possible as this is dependent upon receipt from the original creditor. To date, the default notice and agreement have yet to be provided.

 

11. The claimants request for costs on an indemnity basis is denied. The Court of Appeal held that if there is no explicit contractual term in the agreement providing that costs should be paid on an indemnity basis, costs should be ordered on a standard basis rather than an indemnity basis. Therefore CPR 44.5 is not applicable in this instance.

 

Statement of Truth

 

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

 

Signed: _________________________ _______ Dated: _________________________ _______

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It is a Witness statement in response to lift stay and summary judgment Ford..thats why its wrong......wakeyshakey why did you not use the example i have provided in post# 63 ?Thats a normal witness statement in support of a defence


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i thought it was a 'normal' (no prior application) case, but was just double checking things given the proposed statement posted :)


IMO

:-):rant:

 

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Apologies... I was reading through different posts last night and this morning and came across some that had to do with credit card and cap one so tried to piece things together. I will use the example in #63 and repost

 

Thanks

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I initially made an error regarding the debt being statute barred which I later found out was incorrect. My initial defence was based on that which the solicitors replied to in the letter they sent me.

Do i need to mention that anywhere at all?

Even though they mentioned that it was stature barred, they did not provide proof. Only date info in their reply.

 

Thanks

did you submit just the barred defence.

they should need more than just a verbal re payments within the 6 years from cause. will lowells be able to furnish the statements showing the alleged payments?

perhaps try wait as long as poss before submitting your statement to see first what they say/disclose in theirs.

if needs be then you could mention that you relied on their initial verbal statement re last payment when doing your defence initially, but may need to amend the defence, hopefully with the claimant agreeing in regard of the initial misleading statement re payments.

see what andy etc think on that first though.

  • Haha 1

IMO

:-):rant:

 

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