• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

**DISCONTINUED** Bryan Carter/Lowell - Overdraft Acc

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

    Brilliant...thanks again....am on it!!!

    Comment


    • #17
      Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

      I'm about to send SAR's to BCS, Lowell and HSBC but my hearing is within 40 days, as such, I may not have received the information I need before the hearing date. Is it possible to get the hearing suspended until I've received this information. If so, how would I go about it?

      Comment


      • #18
        Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

        Originally posted by TedGee View Post
        I'm about to send SAR's to BCS, Lowell and HSBC but my hearing is within 40 days, as such, I may not have received the information I need before the hearing date. Is it possible to get the hearing suspended until I've received this information. If so, how would I go about it?
        SAR only to the original creditor, Lowell will have no data other than that provided at the time the debt was sold i.e. minimal Carter will have none at all.

        nem

        Comment


        • #19
          Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

          Thanks Nem. Was trying to cover all bases so they don't get excited and think they can invent some payment that never was. Think will just SAR HSBC and Lowell then as I'm curious to see what they've got. Any thoughts on suspending the hearing?

          Comment


          • #20
            Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

            Originally posted by TedGee View Post
            Thanks Nem. Was trying to cover all bases so they don't get excited and think they can invent some payment that never was. Think will just SAR HSBC and Lowell then as I'm curious to see what they've got. Any thoughts on suspending the hearing?
            Ten quid wasted on Lowell, but it's your choice of course.

            nem

            Comment


            • #21
              Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

              Agreed....my choice it is!!!. Change of heart...a few pints and a bag of crisps seems a more worthwhile investment Thanks again!!!

              Comment


              • #22
                Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

                Bit of advice needed. About to send off witness statement to court and BC but just need to check if it's worded correctly. Still not received any paperwork from BC. In my witness statement I'm including some letters from various DCA's spanning the 6 year statute barred period that show the amount of the debt hasn't changed. As such BC/Lowell's can't try it on with any phantom payments or the like.


                IN THE xxxxxxxxxxxxx COUNTY COURT
                Claim No. xxxxxxx

                BETWEEN:
                xxxxxxxxxxx
                Claimant
                - and –
                Defendant
                xxxxxxxxxxx

                _________________________________

                WITNESS STATEMENT OF xxxxxxxxxx
                _________________________________




                I xxxxxxxx of 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. Notice of correction to filed Defence. Due to a clerical error, defence amended to read ‘statute barred pursuant to the provisions of section 6(3) of the limitation act 1980’.

                3. This claim is for a bank account overdraft debt. The bank account was opened sometime in 2006, and became defaulted prior to May 2009. Under Section 6(3) of the Limitation Act 1980, I believe this debt to be statute barred.

                4. Documentation received by myself over the last six (6) years [EXHIBITS A-G] show that the initial debt claimed for has remained the same.

                5. I have not acknowledged the debt in writing in the last six (6) years.

                6. I have not paid any part of this debt in the last six (6) years.


                Statement of Truth

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


                Signed: ________________________________

                Dated:

                Comment


                • #23
                  Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

                  Originally posted by TedGee View Post
                  Bit of advice needed. About to send off witness statement to court and BC but just need to check if it's worded correctly. Still not received any paperwork from BC. In my witness statement I'm including some letters from various DCA's spanning the 6 year statute barred period that show the amount of the debt hasn't changed. As such BC/Lowell's can't try it on with any phantom payments or the like.


                  IN THE xxxxxxxxxxxxx COUNTY COURT
                  Claim No. xxxxxxx

                  BETWEEN:
                  xxxxxxxxxxx
                  Claimant
                  - and –
                  Defendant
                  xxxxxxxxxxx

                  _________________________________

                  WITNESS STATEMENT OF xxxxxxxxxx
                  _________________________________




                  I xxxxxxxx of 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. Notice of correction to filed Defence. Due to a clerical error, defence amended to read ‘statute barred pursuant to the provisions of section 6(3) of the limitation act 1980’.

                  3. This claim is for a bank account overdraft debt. The bank account was opened sometime in 2006, and became defaulted prior to May 2009. Under Section 6(3) of the Limitation Act 1980, I believe this debt to be statute barred.

                  4. Documentation received by myself over the last six (6) years [EXHIBITS A-G] show that the initial debt claimed for has remained the same.

                  5. I have not acknowledged the debt in writing in the last six (6) years.

                  6. I have not paid any part of this debt in the last six (6) years.


                  Statement of Truth

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


                  Signed: ________________________________

                  Dated:
                  Hello Ted,

                  Not much more you can say in this case, good to go imo.

                  nem

                  Comment


                  • #24
                    Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

                    Thanks again Nem!!! Will be posting out this week. One last thing bugging me though. As said earlier in the thread, I filed the defence online in something of a panic. What I filed is below (although changed 'section 5' wording to read 'section 6(3)'), firstly does it make sense? and secondly...what is it actually saying in layman's terms? In hindsight would have worded it more plainly for my own benefit.

                    1 The Claimant's claim was issued on xxxxxxxxx.

                    2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

                    3 The Claimant's claim to be entitled to payment of £xxxxxx or any other sum, or relief of any kind is denied.


                    Have looked at it again, am I right in thinking it should say 'The Defendant contends...' not 'claimant'?

                    Comment


                    • #25
                      Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

                      Quick update to say I did change para 2 of Defence from 'Claimant' to 'Defendant' by use of the witness statement. Sent witness statement a few days back to court and Bryan Carter. Today received letter in post from Bryan Carter...was a 'notice of discontinuance' for all of the claim. I'm well happy, and a good way to start the year off.

                      Special thanks to Flaming Parrot, Philvasili and especially Nem!!! Thanks for the knowledge shared, everyone needs a light in the darkness sometimes, and this place was my light. Will be subscribing as a paid member and hoping this resource stays on the net for all to use.

                      Will be toasting BCS & Lowells as well tonight.......Happy New Year to ALL!!!!

                      Comment


                      • #26
                        Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

                        Originally posted by TedGee View Post
                        Quick update to say I did change para 2 of Defence from 'Claimant' to 'Defendant' by use of the witness statement. Sent witness statement a few days back to court and Bryan Carter. Today received letter in post from Bryan Carter...was a 'notice of discontinuance' for all of the claim. I'm well happy, and a good way to start the year off.

                        Special thanks to Flaming Parrot, Philvasili and especially Nem!!! Thanks for the knowledge shared, everyone needs a light in the darkness sometimes, and this place was my light. Will be subscribing as a paid member and hoping this resource stays on the net for all to use.

                        Will be toasting BCS & Lowells as well tonight.......Happy New Year to ALL!!!!

                        Happy New Year Indeed Bloody Good Result!!

                        nem:santa2:

                        Comment


                        • #27
                          Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

                          HAPPY NEW YEAR :cancan: Well done xxxxxxxxxxxx
                          #staysafestayhome

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

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #28
                            Re: Bryan Carter/Lowell - Overdraft Acc - Notice of Allocation to Small Claims Track.

                            Originally posted by TedGee View Post
                            Quick update to say I did change para 2 of Defence from 'Claimant' to 'Defendant' by use of the witness statement. Sent witness statement a few days back to court and Bryan Carter. Today received letter in post from Bryan Carter...was a 'notice of discontinuance' for all of the claim. I'm well happy, and a good way to start the year off.

                            Special thanks to Flaming Parrot, Philvasili and especially Nem!!! Thanks for the knowledge shared, everyone needs a light in the darkness sometimes, and this place was my light. Will be subscribing as a paid member and hoping this resource stays on the net for all to use.

                            Will be toasting BCS & Lowells as well tonight.......Happy New Year to ALL!!!!
                            Great news.

                            Comment

                            View our Terms and Conditions

                            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                            Announcement

                            Collapse

                            Support LegalBeagles


                            Donate with PayPal button

                            LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                            See more
                            See less

                            Court Claim ?

                            Guides and Letters
                            Loading...



                            Search and Compare fixed fee legal services and find a solicitor near you.

                            Find a Law Firm


                            Working...
                            X