**DISCONTINUED** Court case coming up

[smallfish]

Re: Court case coming up

Have done a draft Witness Statement. I would be so grateful if someone could help me get it right, I have just stated some facts from my point of view. And I've got loads more documents than the ones listed as exhibits. Thank you
smallfish



In the ---------------------- County Court Case number: XYZ12345


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


HOIST PORTFOLIO HOLDING 2 LTD Claimant
Parties:
Defendant
__________________________________________________ _________________

WITNESS STATEMENT

1. I,--------- : ----------- of ------------------------- am designated Defendant in this claim. The facts in this statement come from my personal knowledge.
2. The designated Claimant in this case was unknown to me before this litigation began on (date 2016) with the issue of N1SDT Claim Form.
3. There was and is no Contract between the designated Claimant in this case and myself , as far as I know. (Exhibit 1 - Equifax Report page)
4. The alleged debt is from a bank account held in the name of the designated Defendant (myself ---------- : --------------) which was with the --------- Bank. This bank account was closed on date 2012. (Exhibit 2)
5. The Defence of Statute Barred is therefore not applicable. (Exhibit 3)
6. At the time of the alleged debt I was not in a position to pay the amount demanded by the bank due to my circumstances.
7. Due to a house move, I had not been in receipt of statements and letters relating to this bank account because mail had stopped being forwarded.
8. At the time of account closure, I was under the impression (belief) that there was no redress for the inadvertent lapse in my dealings with the bank. I was not made aware that I could a) appeal against the charges b) complain.
9. The charges seemed excessive.
10. The issue of Data Protection and giving personal information to agents arises.
11. The bank (----------) has agreed to clear and recall the debt, Quote, "….agreed to clear the entire balance without the admission of liability." (Exhibit 3 redacted letter from bank) The default will also be removed from my credit file.
12. On Monday 28/11/2016 I telephone the----------- Bank complaint department and requested permission to use their letter in evidence.. They agreed a redacted form of the letter could be used. (Exhibit 3 above)
13. On Monday 28/11/2016 I telephoned Howard Cohen and Co. solicitors acting for Claimant to inform them of letter of recall from the bank. (Exhibit 3 above).
14. The redacted copy was then emailed to their office as requested. (Exhibit 4 copy email)
15. Copy of extract from Equifax Credit Report downloaded on 26/11/2012 showing an account created by Hoist Portfolio Holding 2 Limited, and an account number.. This created account was without my knowledge prior to 26/11/2016 when I checked my credit report. (Exhibit 1)
16. In view of the above, I believe these to be grounds for a Discontinuance of the case.
17. As I am a Litigant in Person I would also like to claim compensation from the Claimant at an hourly rate of £19 an hour for 20 hours (more like 60) (Exhibit 6) This figure is based on the Average Weekly Earning Index amended 2011.

I believe that the facts stated in these Particulars of Claim are true.
Dated this 28th day of November 2016.


Statement of Truth
To the Court and
to the Claimant




----------------------------
--------- : -------------------- Defendant


of: ADDRESS


at which address s/he will accept service of proceedings.












Documents included:

1. Copy page from Equifax Credit Report showing an account reference number related to Hoist Portfolio Holding 2 Ltd.
2. Copy of bank statement entries from date 2011 - date /2012
3. Copy of letter dated 11/08/2016, sent to County Court Business Centre in support of Disclosure Qustionnaire , copies to Claimant (Hoist Portfolio 2 Ltd) and their solicitors (Howard Cohen and Co) with defence of alleged debt using Statute Barred claim and requesting evidence if not applicable. None forthcoming.
4. Letter from Halifax Bank dated date 2016 confirming that the debt will be recalled and will no longer be pursued.
5. Copy of Email from myself (designated Defendant) to Howard Cohen and Co. solicitors attaching redacted copy of bank letter confirming that Halifax Bank will recall and cancel the alleged debt.
6. Breakdown of costs to Litigant in Person.

[smallfish]

Re: Court case coming up

NOTICE OF DISCONTINUANCE

Howard Cohen, solicitors to HPH2 LTD, have written on 28/11/16 saying their client has decided to discontinue their Claim against me. This was the same day I emailed a copy letter from Halifax Bank to Cohens, saying they were in process of recalling the (alleged) debt and wiping it from my credit report.
I got this letter today, after I've already sent off my Witness Statement and a letter to the Court asking if I could change my Statement of Case. It's all a matter of timing - I had no idea it would have that effect. So the effort of making out a Witness Statement wasn't wasted….. it's taught me quite a bit about the legal system on credit. If nothing else, I know how to search online for info on different statutes and acts.

I can't thank you all enough for keeping me afloat - I'd have sunk long ago without all the good advice and moral support. You keep people going. And despite the smallish amount involved, it is still worrying to be harassed and threatened.
Can't thank you enough
smallfish

[Diana M]

Re: Court case coming up

Mission Accomplished

Di