court date coming up Lowells not provided any of the documents I've requested

[may1]

Hello
I received a CCJ claim from Lowells back in June, I defended the claim stating the debt was statue barred. I wrote to Lowells requesting under CPR31.14 copies of the original agreement, default notice and assignment. Lowell replied I would not receive a copy of assignment as this was confidential and a request had been sent to Capital One (the original creditor) for copies of agreement and default notice which would be forwarded to me upon receipt, they also mentioned the account would be temporarily suspended to allow time for this to take place.
I have never received the requested documents and have a court date for mid December. Any advise on how I word my witness statement please

[warwick65]

Re: court date coming up Lowells not provided any of the documents I've requested

Hi
Without knowing more details it is impossible to give any sort of reasonable advice.
For example
What were the particulars of claim
Did you send a S78 cca request
What did you ask for in your cpr request
And last but not least, what was your defence.
Did you do anything else by way of getting info.

It is, Imo a terrible shame when people go it alone and then ask for help with just days to go before vital documents need preparing.

Finally, how much is the claim for, roughly

[may1]

Re: court date coming up Lowells not provided any of the documents I've requested

Hello Warwick65
thank you for your reply, I only discovered this site a few days ago hence the late post.
Particulars of claim:
The defendant entered into a consumer credit act 1974 agreement with Capital One, failed to maintain payments and default notice served and not compiled with.
The agreement later assigned to claimant March 2014, sum of £7000 outstanding.
I did not send an S78 caa request excuse my ignorance is that a request asking for all information held on you?
After filing my defence I ticked yes to mediation on N180 form, I received a phone call from mediation service I was asked if I was waiting for documents from Lowell, when I replied I was, the person I was speaking to said case not suitable for mediation.
I then received a court date on the basis Lowell paid court fee, court informed me last week fee had been paid.

[may1]

Re: court date coming up Lowells not provided any of the documents I've requested

sorry Warwick65 forgot to mention in previous reply my defence was debt statue barred, in July under CPR 31.14 requested documents mentioned in particulars of claim, requested again in late August never received a reply.

[warwick65]

Re: court date coming up Lowells not provided any of the documents I've requested

Are you sure it's statute barred?

This is a lot of money and I think you may need some good advice. [MENTION=87380]Diana M[/MENTION] can you help?

[may1]

Re: court date coming up Lowells not provided any of the documents I've requested

I know the last payment was made in 2010.
The card was used jointly by myself and ex husband but it was in my name only.

[warwick65]

Re: court date coming up Lowells not provided any of the documents I've requested

And when was the last payment made?


Statute barring is complex

[Diana M]

Re: court date coming up Lowells not provided any of the documents I've requested

Hello

From what you say you’ve only pleaded Statute Barred in your Defence (have I got that right?).

If the debt is found not to be SB (in legal terms) then you may have a problem at next month’s Trial.

The last payment isn’t the only way the court determines SB.

I’ll read back through your thread tomorrow but my first reaction is you may need to file an Amended Defence to include other legal arguments.

In order to do that you will need permission from the court following an Application by you unless the other side is willing to consent to it.

You cannot raise new legal arguments in a Witness Statement.

You say that this debt was a credit card in your name with your (now) ex-husband as an Additional Card Holder.

In order to be certain that the debt is SB you need to be certain that no payments or (as importantly) no acknowledgement was made by your ex.

Di

[may1]

Re: court date coming up Lowells not provided any of the documents I've requested

Di,Thank you very much for taking time out to reply late at night.

In readiness for when you have another look over my post tomorrow, my only defence was that the debt was statue barred.
I stupidly let my ex use the card he was not on as an additional card holder, I was the only one listed.

[Diana M]

Re: court date coming up Lowells not provided any of the documents I've requested

Di,Thank you very much for taking time out to reply late at night.

In readiness for when you have another look over my post tomorrow . . . .

No problem - I’m a night owl

If your ex was not an Additional Cardholder but possibly had your PIN and/or password details to use the credit facility, would they have also been able to make credits to the account?

At what point did your ex cease to have access to the account?

At the moment you appear to be relying solely on the debt being Statute Barred. You need to be sure if that’s the case.

And you may need to file an Amended Defence and think carefully about the contents of your Witness Statement in case there was anything in the Ts & Cs about ‘others’ having use of your account.

What is the date of your Hearing and what is the deadline for your WS?

Di