*** DISCONTINUED *** Catalogue debt

[warwick65]

Re: Catalogue debt

I am so sorry [MENTION=45479]nafta[/MENTION] your mind must be in overload at the moment trying to pull everything together

I wish I could help more but I am not a trained lawyer so it would be wrong of me to actually write anything for you but I have tried to point you in the right direction.

I know what its like being in debt and always worrying what the next letter will bring

[Diana M]

Re: Catalogue debt

if you cannot recall what happened then dont try and fudge it, the last thing that you would want is the Court to find you an unreliable witness or dishonest etc

What you should look to avoid however is giving evidence on the law unless you are familiar with it, as you can be cross examined on the contents.

That sums up the situation neatly

It's the tricky balance that LIPs face when preparing a WS when they won't have an advocate in court to put forward the legal arguments (which are in the Defence) leaving them (as Defendant) to 'tell the story as it happened (or didn't happen)' in their WS so they'll only be cross-examined on things within their knowledge.

Di

[nafta]

Re: Catalogue debt

I am so sorry @nafta your mind must be in overload at the moment trying to pull everything together

I wish I could help more but I am not a trained lawyer so it would be wrong of me to actually write anything for you but I have tried to point you in the right direction.

I know what its like being in debt and always worrying what the next letter will bring

Thank you all!! my mind is in overload but i am also overwhelmed by the amount of very good advice I am getting here.
I will keep working on it. It is going to be a long night but I will do it and try my best only being honest. That is all I can do and If it does not go my way at least I did my best and gave it a very good go!!

[nafta]

Re: Catalogue debt

What you should look to avoid however is giving evidence on the law unless you are familiar with it, as you can be cross examined on the contents.

So if I say "it is my understanding that" (and then mention credit act points that have been mentions by for example [MENTION=98117]warwick65[/MENTION] ? so I am refering to law but saying the way I understand it?

[warwick65]

Re: Catalogue debt

I don't see anything wrong with that, you are also leading the judge through the basic legal arguments - remember not all judges, particularly ones in small claims court will be well versed on consumer credit law and in particularly law from over 10 years ago.

Remember you are not trying to tell them their job just how you understand it and what you have based your defence on.

[nafta]

Re: Catalogue debt

I keep looking at all documents sent to me by Lowells and the only one that keeps coming up is the one attached. but this dos not seem to me to be a notice of default. I have not received anything else. so can I say I have not rece3ived a notice of default?

[nafta]

Re: Catalogue debt

this is a it from their defence where it says that the only notice of default they have come up with is the screen shot.

[nafta]

Re: Catalogue debt

I hope this is looking better....


IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________



I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX 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. This claim is for a credit agreement regulated under the Consumer Credit Act 1974. The account was opened in 2000 and at the time of opening the account I did not sign any credit agreement at all, I would simply telephone Littlewoods to place an order and later make a payment for the goods received.
It is my understanding that as no agreement was signed that agreement was not properly executed and therefore it can only be enforced on the order of a court but even then it cannot be enforced as it was not signed. (refer to sections 61-1 (a) , 65-1 and 127(3) of the Consumer Credit act !974)

2. On 18/01/2017 I made a written request to the Claimant solicitors,Cohen Crammer Solicitors requesting copies of all documents mentioned in the statement of case under CPR 31.14.[EXHIBIT A] This will be the letter I sent to them

3. On 18/01/1917, I made a written request to the claimant Lowell Portfolio I LTD for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of £1 (Exhibit B) This will be letter to Lowell?

4. On 11/02/2017 I filed defence online by email (EXHIBIT C) where I stated that both the claimant and their Solicitor failed to send me the documents requested. (this will be a copy of my defence)

5. I also eceived a letter dated 8/03/2017[EXHIBIT D] from the Claimants new solicitors Lowell Solicitors which included a copy of the agreement and notice of assignment (EXHIBIT E and F) stating that they had requested a copy of the default notice and statement of account form Shop Direct. I must add I never received any letters informing me of a change in Solicitors.

6. The Court order on the 27/04/2017 the claimant to present before District Judge Matthews sitting at the County Court of Oxford the following documents: Statement of account, Default notice, Notice of Assignment and Copy of Agreement. A copy of those were sent to me with a cover letter dated the 12/05/2017. (exhibits G,H,I)
Note the default Notice is a screen shot. As I understand a Default Notice must include information such as the date it was issued, the breach that occurred, the amount of money that needs to be paid to remedy the breach and the date the remedy must reach the creditor by. This screen shot does not include this information and no Default Notice was sent to me when I requested a SAR.
Also the copy of agreement sent to me is a reconstituted one that could not possibly be from 2000 for the following reasons:
Default charges of £12 would indicate it is post 2006.
0344 numbers weren’t introduced until 2009.
Littlewoods ans Shop Direct weren’t one entity till 2005.
Shop Direct Finace Company came into being later in 2009
An account opened in 2000 (pre 2007) a reconstituted agreement would not have been suffiecint.




7: Accordingly, I contend that;
a) The Claimant has failed to plead properly in this matter
b) The Claimant has not complied with s61, 78, 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.
Statement of Truth

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


Signed: ________________________________

Dated:

[pt2537]

Re: Catalogue debt

Im knackered now but heres a blog post i did on witness statements and what should be in them. Now its imprtant to say that this blog is about fast track and multi track cases rather than small claims, but the principles are good https://consumercreditlitigationandd...-dont-contain/

[nafta]

Re: Catalogue debt

I have read their defence again and something they say is about my recent change of address. They are saying ai am confirming I lived at previous address so I must have received all the letters they are exhibiting and none where sent back by post.

Lots of letters go missing by being delivered to wrong address or simply not being delivered......is this really a defence? they are saying i must have received a DN because if this.

panicking a bit now as i must post today for guarantee delivery by 1pm tomorrow. ( needs to be files by 4pm so quiet tight)

[charitynjw]

Re: Catalogue debt

The presumption in law is that if a letter is correctly addressed, stamped & posted, it will be deemed to have been delivered unless you can prove otherwise.

[nafta]

Re: Catalogue debt

sorry for so many post but lack of sleep is making me go lala. could someone tell me if WS looks right? I really dont know what else I can argue based on their defence.

- - - Updated - - -

The presumption in law is that if a letter is correctly addressed, stamped & posted, it will be deemed to have been delivered unless you can prove otherwise.

Ok so that one is difficult to prove. Nothing I can say about it.

[Amethyst]

Re: Catalogue debt

Just a Q nafta.... The agreement you received on 8/3/2017 from Lowell Sols - is that exactly the same as the one received on 12/5/17 following the court order ?
ie is exhibit E & F the same as exhibit G H I & J ?
( currently working through the witness statement )

[nafta]

Re: Catalogue debt

yes exactly the same one.

[Amethyst]

Re: Catalogue debt

Okay cool ta