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****DISCONTINUED***** Small Claims Track - Lowell

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  • #16
    Re: Small Claims Track - Lowell

    Pretty much.
    Common Sense .... if in doubt, use it !

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #17
      Re: Small Claims Track - Lowell

      Originally posted by Amethyst View Post
      Well thank you muchly kind sir
      You are most welcome, ma'am.
      As you well know, I try not to be too controversial.

      CAVEAT LECTOR

      This is only my opinion - "
      Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #18
        Re: Small Claims Track - Lowell

        Hi, a couple of questions as I am preparing the Witness Statement and still have some weeks left to do so :

        1) Should I mention the fact that the Court requested this go to SC mediation service (twice) but although I agreed to this (twice) it couldn't go ahead due to non receipt of the docs - Agreement etc?

        2) Can I email the WS to the Court and if so, what's the latest time I can do so before the due date? or should I post and if so does it need to be recorded delivery?

        3) Must the exhibits accompany the email (or post) and if so should they be attached as seperate documents or put into the one document?

        4) Where I put the amount claimed, is that the amount including the Court fees and legal reps costs?

        Thank you for any help again,
        Last edited by oddball; 19th April 2017, 10:15:AM.

        Comment


        • #19
          Re: Small Claims Track - Lowell

          You can email it and 4pm is the deadline I believe although I would post it if I am honest

          Remember you also need to send it to the claimant
          Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
          I have no formal legal training
          Any advice is offered without liability
          If in doubt take professional legal advice or contact the CAB

          Comment


          • #20
            Re: Small Claims Track - Lowell

            Hi, my Witness Statement, could somebody cast a quick eye over it to see if it's OK. Wasn't sure whether to add the fact this has gone to small claims mediation service twice and failed because of lack of documents?

            IN THE XXXX COUNTY COURT
            Claim No. XXXX

            BETWEEN:
            Claimant
            XXXX Financial Limited

            AND
            Defendant
            XXXX

            _________________________________

            WITNESS STATEMENT OF XXXX
            _________________________________



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

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

            1. On or around the 10th XXXX 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of 300.88.

            2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

            3. The particulars of claim fail to state when the agreement was entered into.

            4. The particulars of claim state that this claim is for “a Home Shopping agreement regulated by the Consumer Credit Act 1974” between the original creditor and the defendant. I have no idea what this is.

            5. On 15th September 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents pursuant to CPR 31.14 and mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Lowell Financial Limited, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT B].

            6. On 15th September 2016 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 77-79 of the Consumer Credit Act 1974 [EXHIBIT C].

            7. On 9th November 2016 the Claimants solicitors sent me a letter [EXHIBIT D] but none of the requested documents were supplied to me.

            8. On 21st November 2016 I received a copy of the Directions Questionnaire from the Claimants solicitors [EXHIBIT E].

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

            11. The Claimant has mentioned the Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

            12. The Claimants pleaded case is that the Defendant entered into an agreement with XXXX Limited under account reference XXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products in the past however the account number given does not relate to any information I have and I have not had any agreement with XXXX Limited, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

            Statement of Truth

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


            Signed: ________________________________

            Dated: ________________________________

            Comment


            • #21
              Re: Small Claims Track - Lowell

              I'd add in the mediation efforts. All grist to the mill.
              Common Sense .... if in doubt, use it !

              “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #22
                Re: Small Claims Track - Lowell

                Well what can I say - YIPPEE it's been discontinued.

                Posted Witness Statements 'signed for' day before it was due and quite honestly been a bit worried. I also emailed the Court so I knew they had their copy but was disheartened when I checked the tracking for the solicitors which said they tried to deliver it the next day but it was 'redirected'. They finally got it Monday and I was worried but thought hey not my problem if they didn't tell me they had moved or whatever. Anyhows today got letter from them and they have discontinued the court case and filing it with the Court.

                I am so thankful to all those people who have helped me on Leagle Beagles. Muchly appreciated. And to those people currently in cases with Lowell Portfolio I can only say fight on!

                Comment


                • #23
                  Re: Small Claims Track - Lowell

                  well done = ring the court next week to confirm they received the discontinuance notice

                  Comment


                  • #24
                    Re: Small Claims Track - Lowell

                    Nice one, oddball.

                    I'll let @Amethyst & @Kati know........they like a good discontinue!
                    CAVEAT LECTOR

                    This is only my opinion - "
                    Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb

                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.

                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #25
                      Re: Small Claims Track - Lowell

                      To be honest I wasn't sure where to put this post as it's no longer a 'question' or an issue. But guess somebody will move it if not in the right place. I'm so happy I can't think straight, but then I started off like that eh?

                      Comment


                      • #26
                        Re: Small Claims Track - Lowell

                        Originally posted by oddball View Post
                        Well what can I say - YIPPEE it's been discontinued.

                        Posted Witness Statements 'signed for' day before it was due and quite honestly been a bit worried. I also emailed the Court so I knew they had their copy but was disheartened when I checked the tracking for the solicitors which said they tried to deliver it the next day but it was 'redirected'. They finally got it Monday and I was worried but thought hey not my problem if they didn't tell me they had moved or whatever. Anyhows today got letter from them and they have discontinued the court case and filing it with the Court.

                        I am so thankful to all those people who have helped me on Leagle Beagles. Muchly appreciated. And to those people currently in cases with Lowell Portfolio I can only say fight on!

                        WOOOHOOOOOO !!!!! Congrats oddball
                        Common Sense .... if in doubt, use it !

                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #27
                          Re: ****DISCONTINUED***** Small Claims Track - Lowell

                          FYI; Hi, Got confirmation from Court in letter 2 days later.

                          Comment


                          • #28
                            Re: ****DISCONTINUED***** Small Claims Track - Lowell

                            well done

                            Comment


                            • #29
                              Re: ****DISCONTINUED***** Small Claims Track - Lowell



                              Keep it safe!
                              CAVEAT LECTOR

                              This is only my opinion - "
                              Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb

                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.

                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment


                              • #30
                                Re: ****DISCONTINUED***** Small Claims Track - Lowell

                                Funny you should mention that, I was going to ask if this could be restarted again at a later date only I was thinking about throwing away all the Court stuff, defence and Witness statements - should I keep them then?

                                Comment

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