Checking a county court claim form is real

[charitynjw]

Re: Checking a county court claim form is real

There should also be a date stated by which the Claimant has to pay a hearing fee, so check that on or just after the due date.

In the meantime, start to prepare a Witness Statement, including supporting documentation (Exhibit f1, Exhibit f2, etc.) which you reference in the WS. For now, treat it as a 'work in progress'.
This WS & 'bundle' of evidence will be sent to the court & to the Claimant's sols.
But don't send it until the last possible moment (via email if poss; if sending by land mail allow 2 days for posting & get proof of posting).
A simultaneous swap arrangement with the Claimant's sols is best.

Example WS http://www.legalbeagles.info/forums/...ness-Statement

[fidelandche]

Re: Checking a county court claim form is real

Just had a look at the date for the fee to be paid and that is the day after the evidence has to be with the court and the solicitor, is that normal? Just thinking that gives them still time to pay the fee based on the evidence supplied.

[fidelandche]

Re: Checking a county court claim form is real

OK, here is my wife's WS. How does it look and sound? Is it worth mentioning at this moment in the statement about her mental health problems? Also as already mentioned is it correct for the fee to be paid the day after the WS needs to be in? Just thinking that it gives them time to prepare for court. But I am guessing I my wife has not had her WS from them by the dated stated by the court it might not go ahead?

[nemesis45]

Re: Checking a county court claim form is real

OK, here is my wife's WS. How does it look and sound? Is it worth mentioning at this moment in the statement about her mental health problems? Also as already mentioned is it correct for the fee to be paid the day after the WS needs to be in? Just thinking that it gives them time to prepare for court. But I am guessing I my wife has not had her WS from them by the dated stated by the court it might not go ahead?

Sorry can't open the " office" attachment.

nem

[MIKE770]

Re: Checking a county court claim form is real

OK, here is my wife's WS. How does it look and sound? Is it worth mentioning at this moment in the statement about her mental health problems? Also as already mentioned is it correct for the fee to be paid the day after the WS needs to be in? Just thinking that it gives them time to prepare for court. But I am guessing I my wife has not had her WS from them by the dated stated by the court it might not go ahead?

_________________________________

WITNESS STATEMENT OF xxxxxx
_________________________________



I xxxxxxxx being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in the claim.

2. This claim is for a running credit agreement regulated under the Consumer Credit Act 1974. I believe the account was opened in xxxxx, however I do not recall signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement. The original account was opened with a company called 'Very'.

3. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at.

4. On xxxxxxxxxx I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of £1. [EXHIBITS A and B].

5. Consumer Credit Act s.78(1) states
Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and
(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.


6. The Claimant has failed to comply with s.77(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement.

7. Consumer Credit Act s.78(6) states;
(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

8. On xxxxxx, in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBITS C and D].

9. On xxxxxx, I contacted the Claimants by letter [exhibit E and F] asking again for the credit agreement

10. I had a reply [EXHIBIT G] stating that they had received both requests and this had been passed onto their solicitors for action. I did not receive a credit agreement until XXXXXX and this appears not to be an original credit agreement.

11. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time.



Statement of Truth

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


Signed: ________________________________

Dated:

[piratepeter63]

Re: Checking a county court claim form is real

hi fidelandch
i think you may have caused lowells a bit of a headache with that one, only saying this due ive just beat them, on the basis they dont have the paperwork to back up their claim, check all the paperwork from them some of mine was fraudulant they had made quite alot of errors. by photo copying them.

[fidelandche]

Re: Checking a county court claim form is real

OK, my wife got their WS yesterday NY email. It was a day late, should have been with her on Wednesday. It appears that they waited until they got my wife's WS before doing theirs. So where do we go from here?

[nemesis45]

Re: Checking a county court claim form is real

OK, my wife got their WS yesterday NY email. It was a day late, should have been with her on Wednesday. It appears that they waited until they got my wife's WS before doing theirs. So where do we go from here?

Can you post a copy of their WS after removing any personal data.

nem

[fidelandche]

Re: Checking a county court claim form is real

I will give it a go as it was sent via email, still waiting for the hard copy to arrive via post.

[nemesis45]

Re: Checking a county court claim form is real

OK if you need help posting the WS I'm sure [MENTION=49370]Kati[/MENTION] will be able to help you.

nem

[Kati]

Re: Checking a county court claim form is real

....

[charitynjw]

Re: Checking a county court claim form is real

Hi [MENTION=90939]fidelandche[/MENTION]

Are you sure that your agreement was a Very account?

[fidelandche]

Re: Checking a county court claim form is real

I realised I was not sure, so before I sent the WS off, I removed it.

[fidelandche]

Re: Checking a county court claim form is real

And my wife is still waiting for the hard copy to come through the post as well, so I can't see how it was sent first class post either.

[charitynjw]

Re: Checking a county court claim form is real

Is there any way you could find out for sure whether or not it was a Very agreement?