DISCONTINUED ! Lowell / Bryan Carter / Capital One / County Cour

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, many thanks for your kind help! I am trying to fill out the N244 form though am not certain of what to say re: some points?

RE: POINT 3: "An order (a draft of which is attached)that the Claimant shall provide the Defendant with copies of the documents listed in the draft order, pursuant to its duties under CPR 31.14 within 7 days of the date of the order.
In default of the above the Claim stands struck out without further order.
In the event the Claimant complies with the above paragraph then the Defendant shall file and serve his Defence by 4pm on ................................... 2014 (not less than 21 days from the date of compliance)"
WHAT DATE SHOULD I PUT DOWN FOR THIS PLEASE? NONE _ THE JUDGE CAN FILL IT IN HIMSELF

POINT 6. How long do you think the hearing will last? 30 mins


? Is this agreed by all parties? TICK "YES"? TICK NO

POINT 7. Give details of any fixed trial date or period? ANYTHING I NEED TO PUT HERE? NOTHING NEEDED

SUGGESTIONS FOR POINTS 8, 9, 10, PLEASE :-)

8. What level of Judge does your hearing need? DISTRICT

9.Who should be served with this application? CLAIMANT

10. What information will you be relying on, in support of your application? ATTACHED WITNESS STATEMENT

SHOULD BOTH THE STATEMENT OF TRUTH AND THE SIGNATURE AND ADDRESS DETAILS BE SIGNED? SHOULD THIS BE DONE IN COMPUTER FONT OR BY HAND? TYPE YOUR NAME

Many thanks for your kind help.

Chris :-)

answers in red. (I have put 30 mins above but you can put an hour if you prefer - it SHOULDN't REALLY need a hearing but the judge might prefer it.)

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, is the suggestion for Draft Order For Directions to only complete the green highlighted sections?
Sorry if that's a silly question - am just learning so many things for first time :-)

The Green bits are the bits that definately will want amending to suit your own case xx

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

Re your PM - Issue dated was 13th Feb - Service Date 18th Feb - acknowledged so you have 28 days from 18th Feb which is 18th March (as there's only 28 days in Feb) so you are okay to get it in tomorrow

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, the N244 form doesn't have a blue field in which to type a name as signature - so presumably they expect you to sign it by hand or leave it blank?

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

Ahhh I didn't realise it's a while since I have actually had to sign one. Don't leave it blank, you can sign a PDF (I found that out a few weeks ago)... in Adobe pdf reader theres TOOLS on top right and you can sign from there. I photographed my handwritten signature on a blank bit of paper, cropped it to the right size and uploaded that, and when I click 'Sign' on documents in adobe now I just drag my signature image to the right place in the document.

Or print it out sign it then scan it in signed, or submit it on paper.

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Thanks! I was going to post it as I didn't know this part could be done online? If it can be done online then I can do that instead?
I think I also have to make a payment of £45 for it to be dealt with without a hearing? Presumably that can also be done online?
Many thanks
Chris :-)

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

I've just done the signature on PDF!

[mystery1]

Re: Lowell / Bryan Carter / Capital One / County Court

It's better to go for a hearing which is £80. The judge might do without but the only rejection i'm aware of came in a without hearing scenario. That case has now been stayed a long time.

If you can't face a hearing fine but it is harder, i think, for a judge to look you in the eye and disagree with you and LJ Rix.

M1

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, am unsure as to which Letter is Exhibit A?
Is Exhibit A my first letter to Lowell which enclosed a £1 postal order? Or is it the first letter to Bryan Carter which enclosed a copy of the Lowell letter?
Presumably Exhibit B is the second letter to Bryan Carter?
This is all the correspondence I've sent to date. I trust that I don't have to send copies of the two letters of reply from Bryan Carter?
Many thanks,
Chris :-)

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, could you please clarify what you mean re: the case that was dealt with without a hearing and has now been stayed a long time?
Also, if the judge rejects the evidence in the statements, etc, without a hearing, then surely this can be appealed and the additional cost that was saved by not having a hearing can then be used instead for that?
Bryan Carter have already made an application without a hearing and have insisted that no hearing is required, etc?

Also, I would have thought that having a hearing runs the risk of the judge then being able to ask detailed questions, etc, which could easily undermine the whole case argument?
Many thanks for your help.
Chris

[mystery1]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, am unsure as to which Letter is Exhibit A?
Is Exhibit A my first letter to Lowell which enclosed a £1 postal order? Or is it the first letter to Bryan Carter which enclosed a copy of the Lowell letter?
Presumably Exhibit B is the second letter to Bryan Carter?
This is all the correspondence I've sent to date. I trust that I don't have to send copies of the two letters of reply from Bryan Carter?
Many thanks,
Chris :-)

Exhibit a is what ever you make it. So if you are on about a certain email then that's exhibit a. Mark the document you are calling exhibit a as "exhibit A"

Hi, could you please clarify what you mean re: the case that was dealt with without a hearing and has now been stayed a long time?
Also, if the judge rejects the evidence in the statements, etc, without a hearing, then surely this can be appealed and the additional cost that was saved by not having a hearing can then be used instead for that?
Bryan Carter have already made an application without a hearing and have insisted that no hearing is required, etc?

Also, I would have thought that having a hearing runs the risk of the judge then being able to ask detailed questions, etc, which could easily undermine the whole case argument?
Many thanks for your help.
Chris

The judge said no unless order and neither party has done anything since. So it's in limbo. Yes an appeal is possible but the costs also go up so it's easier and safer to do it right to start with.

I'd rather the judge asked me questions than think it's bs and decide without my input. If you're there you can persuade them if you're not you're screwed. Besides which a without hearing court order is more susceptible to an application to vary.

M1

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Many thanks for your help.

Am not clear though by what you mean with "The judge said no unless order..." and neither party has done anything since."

Also, I still don't know what input I could presently offer at a hearing other than to say that what I've sent is correct. If however, I'm asked about it in any detail at all - then I think it's reasonable to say that - at this point - I'm going to struggle with answering. If the judge asks how I filled out the form, etc, I don't see how this will help if I am forced to explain how I got help with this??

Can you clarify what sort of "application to vary" Bryan Carter could make other than to alter the timeframe given for them to produce documentation?

Many thanks for your help.
Chris

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

I'd start at the beginning as your witness statement should be in date order - so exhibit A would be your CPR request, exhibit b would be first reply from BC, exhibit C the second letter you sent, exhibit D the letter you just received....

You won't include the CCA request on this form as it you are applying for compliance with the CPR not the consumer credit act with this application. The CCA will come into play later on if they somehow manage to get through this application xx

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Thank you so much for your help, Sharon! :yo:
I will have to post the application with the copies of the Bryan Carter letters - as I don't currently have access to a scanner.
On the N244 form: who is "Claimants Name" at start including ref. please?
and also POINT 9: Who should be served with this application?
Is it LOWELL PORTFOLIO LTD for both sections? Or is it BRYAN CARTER LLP?
The form is a little confusing in places - though with your brilliant help I really think I'm close to getting everything together.
Chris :-)

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, am wondering if I've altered this quite well? or if I've possibly said too much in POINT 10??
Any help at all is truly appreciated! I'm hoping to file online today!
Chris :-)
IN THE NORTHAMPTON COUNTY COURT

Claim No. XXXXXX

BETWEEN:

XXXXXX

Claimant

- and –

Defendant

XXXXXX

_________________________________

WITNESS STATEMENT OF XXXXXX

_________________________________

I, XXXXXX, being the Defendant in this case will state as follows:

1. I make this Witness Statement in support of the application for an order that the Claimant do provide copies of documents pursuant to CPR 31.14.

2: CPR rule 31.14 states

(1) A party may inspect a document mentioned in –
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit

The Defendant is therefore entitled to inspect copies of the Credit Agreement, the Default Notice, and the Assignment.

3. On XXXXXX, I made a written request to the Claimant’s solicitors requesting that the Claimant provides copies of all documents mentioned in the Statement of Case. [EXHIBIT A]

4. The Claimant bases their claim upon the Defendant’s alleged breach of contract, and therefore the contract is entirely central to the Claimant’s case.

5. CPR Rule 31.15 requires that documents are provided within 7 days of receipt of a written request. To date, the Claimant has failed to provide any of the documents mentioned in its claim form.

6. On XXXXXX, I again contacted the Claimant in writing. I repeated my request for copies of documents pursuant to CPR 31.14. I also requested an extension of time for filing my defence to the Claim in accordance with CPR 15.5. [EXHIBIT B]
7. In the Statement of Case, the Claimant has mentioned the Credit Agreement, the Default Notice, and the Assignment. However, despite my legal entitlement to inspect these documents, the Claimant has provided none of these documents.

8. I refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)

“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements, or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings, etc, as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

9. I also refer to the ruling of the Court of Appeal in Mitchell v News Group Newspaper [2013] EWCA Civ 1537 where the court set down clear guidance that the rules must be complied with (see para 41). This application could have been avoided had the Claimant complied with its duties under the CPR.

10. The Claimant’s pleaded case is that I, the Defendant, entered into an agreement with XXXXX under account reference XXXXXX. I believe that I have previously had banking products with XXXXX, and that this may date back more than fourteen years ago – possibly several years before the year 2000. However, at this present time I am uncertain as to which account the Claimant is referring to.Therefore, in order for me to be able to accurately identify what the claim does refer to, it is clearly essential that I have sight of the agreement relied upon by the Claimant. Notwithstanding this, I am also unable to consider whether such agreement complies with the statutory provisions of the Consumer Credit Act 1974 until such time as a copy is provided.

11. The Claimant additionally mentions a Default Notice. I am also unable to consider whether such Default Notice complies with the statutory provisions of the Consumer Credit Act 1974 until such time as a copy is provided. The Act sets out a clear form and content requirement, which, if not complied with, renders the Claimant unable to enforce the agreement as per HHJ Chambers QC in Harrison v Link Financial Ltd [2011].

12. I therefore ask that the Court grants an extension of time to file my Defence, and orders the Claimant to provide copies of the documents mentioned in its statement of case. I also request that the Court order the Claimant to pay the costs of this application which could have been avoided if the Claimant had been properly prepared from the outset.

Statement of Truth

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

Signed: XXXXX
Dated: XXXX 2014