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Re: Lowell/Bryan Carter - lloyds tsb
Here is my witness statement if you could have a quick look and let me know if it is ok that would be great many thanks :O)
Can I sign this off with a signature different to my normal signature to stop them copying it ?
IN THE xxxx COUNTY COURT
Claim No. xxxxx
BETWEEN:
LOWELL PORTFOLIO I LTD
Claimant
- And –
Defendant
xxxx
_________________________________
WITNESS STATEMENT OF xxxxx
_________________________________
I xxxx of xxxx being the Defendant in this case will state as follows;
1: I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.
2: On 24th November 2014 I received the claim in this case.
3: On or around 25th November 2014 I received a letter dated 25th November 2014 from Bryan Carter stating that they have started litigation proceedings and I would receive the claim form in the next 48 hrs which I received before this letter. [EXHIBIT G]
4: The claim is for an unsecured loan from Lloyds from what I can gather from the lack of information. I have in the past held an account with Lloyds TSB however the claimant has not produced any evidence to support their claim. I have not had any contact regarding a loan with Lloyds since August 2008.
5: On 1st December 2014 I made a written request to the Claimant solicitors, Bryan Carter Solicitors LLP of 11 de Havilland drive, Weybridge, Surrey, KT13 0YP requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]
6: On 1st December 2014 , I made a written request to the Claimant Lowell Portfolio I LTD of Ellington House 9 Savannah Way, Leeds, LS10 1AB requesting that the Claimant provides a legible copy of the credit agreement as is my entitlement under section 77 of the Consumer Credit Act 1974. To date I have not received any copy of the credit agreement. [EXHIBIT B]
7: On 3rd December 2014 I received a letter from the Claimants Solicitor stating “We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and the Part 31 of the civil procedures rules will therefore not apply.”
8: On 10th December 2014, I made a written re-request to the Claimant solicitors, Bryan Carter Solicitors LLP of 11 de Havilland drive, Weybridge, Surrey, KT13 0YP requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT C]
9: On 15th December 2014, I received a letter from the Claimants Solicitor stating that they were refusing to comply with my request to provide copies of all documents mentioned in the statement of case. [Exhibit D]
10: On 31st December 2014, I received a letter from the Claimants Solicitor Stating their intention to proceed and that they wanted to negotiate before court proceedings [Exhibit E]
11: On 15th January 2015, I replied to both Bryan Carter and Lowell declining mediation with them as I could not mediate without information from both the original credit agreement, terms and the inspection of documents requested under CPR 31.14 [Exhibit F.1] and [Exhibit F.2]
12: I agreed to use the small claims mediation service and had a conversation with the mediators around the 26/01/15 and the mediation service came to the conclusion that they could not help in this matter as the claimant had not provided the information requested by me so I could confidently identify this debt.
13: I contend that this is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued.
Statement of Truth
I, xxxx, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated: 23/03/15
Here is my witness statement if you could have a quick look and let me know if it is ok that would be great many thanks :O)
Can I sign this off with a signature different to my normal signature to stop them copying it ?
IN THE xxxx COUNTY COURT
Claim No. xxxxx
BETWEEN:
LOWELL PORTFOLIO I LTD
Claimant
- And –
Defendant
xxxx
_________________________________
WITNESS STATEMENT OF xxxxx
_________________________________
I xxxx of xxxx being the Defendant in this case will state as follows;
1: I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.
2: On 24th November 2014 I received the claim in this case.
3: On or around 25th November 2014 I received a letter dated 25th November 2014 from Bryan Carter stating that they have started litigation proceedings and I would receive the claim form in the next 48 hrs which I received before this letter. [EXHIBIT G]
4: The claim is for an unsecured loan from Lloyds from what I can gather from the lack of information. I have in the past held an account with Lloyds TSB however the claimant has not produced any evidence to support their claim. I have not had any contact regarding a loan with Lloyds since August 2008.
5: On 1st December 2014 I made a written request to the Claimant solicitors, Bryan Carter Solicitors LLP of 11 de Havilland drive, Weybridge, Surrey, KT13 0YP requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]
6: On 1st December 2014 , I made a written request to the Claimant Lowell Portfolio I LTD of Ellington House 9 Savannah Way, Leeds, LS10 1AB requesting that the Claimant provides a legible copy of the credit agreement as is my entitlement under section 77 of the Consumer Credit Act 1974. To date I have not received any copy of the credit agreement. [EXHIBIT B]
7: On 3rd December 2014 I received a letter from the Claimants Solicitor stating “We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and the Part 31 of the civil procedures rules will therefore not apply.”
8: On 10th December 2014, I made a written re-request to the Claimant solicitors, Bryan Carter Solicitors LLP of 11 de Havilland drive, Weybridge, Surrey, KT13 0YP requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT C]
9: On 15th December 2014, I received a letter from the Claimants Solicitor stating that they were refusing to comply with my request to provide copies of all documents mentioned in the statement of case. [Exhibit D]
10: On 31st December 2014, I received a letter from the Claimants Solicitor Stating their intention to proceed and that they wanted to negotiate before court proceedings [Exhibit E]
11: On 15th January 2015, I replied to both Bryan Carter and Lowell declining mediation with them as I could not mediate without information from both the original credit agreement, terms and the inspection of documents requested under CPR 31.14 [Exhibit F.1] and [Exhibit F.2]
12: I agreed to use the small claims mediation service and had a conversation with the mediators around the 26/01/15 and the mediation service came to the conclusion that they could not help in this matter as the claimant had not provided the information requested by me so I could confidently identify this debt.
13: I contend that this is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued.
Statement of Truth
I, xxxx, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated: 23/03/15
xxxxxxxxxx
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