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

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Good Morning Ford / All

 

Thanks for the update and thanks for all your help so far.

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I would suggest inserting something along the following lines after 3.

 

3. On or around the xxth May 2017, I received a claim form from the County Court Business Centre, Northampton, for a credit card amount of £1XXXXX..Given that I could not recall the precise details of the alleged agreement or if there were any outstanding balances given the passage of time and lack of any communication from the original creditor or the claimant Assignee I initially submitted a statute barred defence as my defence dated xxxxxxx.It has since transpired after speaking to the original creditor that it was not statute barred and therefore request the courts permission that the evidence presented in this witness statement supersedes my initial defence.

 

As stated it could be that they fail to serve or you may end up redrafting the whole statement at the last moment.

 

Andy


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Hi Andy

 

Many thanks. I will add the above statement and wait to see if anything arrive from the solicitors.

 

Cheers

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The claimant has your defence and relevant legal requests re agreement etc. They are likely to address all of that in their wit statement/disclosure, and anything else relevant.

so, you mentioning them in yours should be ok.

don't get stressed, have a good weekend :)


IMO

:-):rant:

 

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Good evening all. I hope you've all had a good weekend.

 

I have still not heard anything thus far.

Can you please cast your eyes on the WS so far..

Also wanted to ask if I should put it in the post tomorrow and send next day delivery in case there are issues with royalmail.. or leave it til 10th and send next day delivery,. .what do you think? 11th is when it should arrive.

 

Thanks in advance

 

...........................

 

IN THE --------------- county court

Claim No. -------------

 

BETWEEN:

Claimant

XXXXXXXXXXXXXXXXX

 

AND

Defendant

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

 

_________________________ ________

 

WITNESS STATEMENT OF -----------------

_________________________ ________

 

 

 

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

 

I make this Witness Statement in support of my defence to the claim. Save insofar of any admittance it is accepted that a contractual relationship did once exist between myself and Capital One. On receipt of this claim I could not recall the precise details of the agreement or any debt and sought clarity by way of a section 78 request and CPR 31.14 both of which the claimant has failed to comply with.

 

1.The claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already wrote off as a capital loss and claimed against taxable income. Then issues claims to circumvent and claim the full amount of debt to maximise profit.

 

2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. 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

 

3. On or around the xxth May 2017, I received a claim form from the county court Business Centre, Northampton, for a credit card amount of £1XXXXX..Given that I could not recall the precise details of the alleged agreement or if there were any outstanding balances given the passage of time and lack of any communication from the original creditor or the claimant Assignee I initially submitted a statute barred defence as my defence dated xxxxxxx.It has since transpired after speaking to the original creditor that it was not statute barred and therefore request the court’s permission that the evidence presented in this witness statement supersedes my initial defence.

 

4. On the xxth June 2017 I made a formal written request to the Claimant,[Exhibit A] sent by recorded delivery [Exhibit B] and including a £1 fee (which was cashed) for them to provide me with a copy of my consumer credit Agreement as per the claimants particulars as entitled to do so under sections 78 of the Consumer Credit Act 1974.

 

5. On the xxth June I made a CPR 31.14 formal written request to the claimant’s solicitor, [Exhibit C] sent by recorded delivery,[Exhibit B] which was received and signed for.

In particular I enquired for information including: Notice of assignment and The Default Notice. The claimant has not complied with my full requests and has only sent partial documentation (Notice of assignment) despite my endeavours to inspect all of these documents and try to resolve this matter without it proceeding further.

6. The claimant’s solicitor stated, on the letter received on xxth of June 2017 that a request for the agreement and default notice had been forwarded to their client and they would forward the documents to me upon receipt. This is yet to happen.

7. None of the issues raised within the claimant’s statement offers any tangible evidence. The evidence provided by way of exhibits is woefully deficient and invalid and not pursuant to the CCA1974.

 

Unless the claimant can disclose a true executed copy of the agreement complete with terms and conditions and signed, that they refer to within its particulars of this claim, they are not entitled while the default continues, to enforce the alleged agreement pursuant to section 77.4 (a) of the Credit Consumer Act 1974.

 

It is therefore respectfully requested that the court dismiss this claim.

 

Statement of Truth

 

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

 

 

Signed: _________________________ _______

 

Dated: _________________________ _______

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Good morning all.

 

I just want to clarify that a copy goes to court and solicitor, not directly to the claimant?

 

Just checking as dont want to make a blunder and send to wrong place

 

Thanks

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Court /Solicitor/your File


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Hi All. Hope you are well.

 

Just wanted to ask if its normal for solicitors to not follow the Judge's directions?

I have not heard anything at all from them and its a few days to the hearing.

 

Thanks

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opps

ring the court Monday and ask if they've received the fleecers WS as you haven't


..

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And inform the court they have failed to comply with directions and and ask they be barred from relying on any.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Hi Guys

 

Thanks for your respoinse. I called mid last week and the court confirmed nothing had been received. The person I spoke to said it would be up to the judge whether they would accept their WS or not

I will call again today and see if anything has been received

 

Thanks

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Hi All

 

I called the court this morning and they informed me that the case has been discontinued and that I claimant should have advised me of this as they do not.

I have no written confirmation of this from the Solicitor. Should I call them and ask for something in writing ?

 

Thanks

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result. :)

perhaps wait a bit, it should be forthcoming.


IMO

:-):rant:

 

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Thought that would be the outcome...well done WS

 

You dont need anything from the Lowell..the court has been informed...Lowell didn't even have the decency to serve notice on you..just shows and confirms our attitude in dealing with them.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy


We could do with some help from you.

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Thanks Andy.. DX, Ford and all for your support. Its is very very much appreciated.

 

I hope you all enjoy your weekend

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:thumb:

as the guys, even if they don't end up sending a notice, the court have confirmed its disconned


IMO

:-):rant:

 

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