Court forms received Lowell’s/Overdales

[Zanxia]

I mean Worded sorry don’t know how to edit. Thanks

[echat11]

It’s words exactly as I typed?

That's o.k., lets see what he 'directs'.

[Zanxia]

Hi I have received a notice of allocation to the small claims track(hearing) this morning(dated yesterday)

Rightly or wrongly I just feel totally deflated by it all and was hoping for more specific documentation requests to be made by the courts to Overdales/Lowells, so thoughts would be greatly appreciated? Please and Thankyou. Both sides must provide to the court and each other by the 5th August.

A, Witness statements
B, Copies of all documents you wish the court to see In deciding your case

Paraphrased the trial is to take place via CVP video link(I don’t have a laptop or tablet so that’s an issue in itself).

Upon compliance of the witness statements(the order) a notice will be sent to all parties with time, date, length of hearing details.

Told of venue for hearing and what fees need to be paid in advance/consequences of failure to do so.

Because the order has been made without a hearing, the parties have the right to apply to have the order set aside, Varied or stayed. A party making such an application must send or deliver the application(together with fee) within 7 days of service of this order.

Thanks for reading and any advice, input or guidance is greatly appreciated once again.

[echat11]

Hi I have received a notice of allocation to the small claims track(hearing) this morning(dated yesterday)

Rightly or wrongly I just feel totally deflated by it all and was hoping for more specific documentation requests to be made by the courts to Overdales/Lowells, so thoughts would be greatly appreciated? Please and Thankyou. Both sides must provide to the court and each other by the 5th August.

A, Witness statements
B, Copies of all documents you wish the court to see In deciding your case

Paraphrased the trial is to take place via CVP video link(I don’t have a laptop or tablet so that’s an issue in itself).

Upon compliance of the witness statements(the order) a notice will be sent to all parties with time, date, length of hearing details.

Told of venue for hearing and what fees need to be paid in advance/consequences of failure to do so.

Because the order has been made without a hearing, the parties have the right to apply to have the order set aside, Varied or stayed. A party making such an application must send or deliver the application(together with fee) within 7 days of service of this order.

Thanks for reading and any advice, input or guidance is greatly appreciated once again.

Don't panic, how do you access this site? if you've got access to a desktop that would be good.

The following is an example Defence, best to start working on that.

What documents do you need?

https://legalbeagles.info/forums/for...ness-statement

[Zanxia]

Thanks very much , I use my phone to access this site. I even get items photo copied by my employer as he has a printer/copier. Hence why other things I have done were handwritten.

I’m going to look at defence on Monday as work weekends and free time is scarce atm overtime etc. I was ready to have my day in court if need be but the lack of technology brick wall I could really do without.

Am I right in thinking I delay defence going in for as long as I can but obviously ensure within timeframes?

Documents? I was thinking that’s copies of the rubbish they have sent me? Blank credit agreements, the credit agreement looking thing with mismatched date, letter saying they had sent me all documents(when they hadn’t) the two LBA requests, items like that, Is that correct?

Thankyou again no idea where I would be without your help and support.

[echat11]

Thanks very much , I use my phone to access this site. I even get items photo copied by my employer as he has a printer/copier. Hence why other things I have done were handwritten.

I’m going to look at defence on Monday as work weekends and free time is scarce atm overtime etc. I was ready to have my day in court if need be but the lack of technology brick wall I could really do without.

Am I right in thinking I delay defence going in for as long as I can but obviously ensure within timeframes?

Documents? I was thinking that’s copies of the rubbish they have sent me? Blank credit agreements, the credit agreement looking thing with mismatched date, letter saying they had sent me all documents(when they hadn’t) the two LBA requests, items like that, Is that correct?

Thankyou again no idea where I would be without your help and support.

When you refer to Defence, you actually mean Witness Statement, Defence has already been filed. Yes, I'm referring to the 'nonsense they kept sending you'. You need to get together a good Witness Statement, put them on the 'back foot'. Also ask a friend to loan you a spare 'laptop'. Don't leave things till the last minute.

[Zanxia]

Sorry yes that’s what I meant witness statement apologies.
I honestly have no idea where I’m supposed to get a laptop from I don’t know anyone with one.

It does say on the letter about contacting them if issues with the online hearing thing and reasons. I guess I must do that? Surely not everyone has this equipment/even knows how to use it? I sure don’t.

[atticus]

Most public libraries have computers that you can use.

[Zanxia]

Sorry I vanished I have and still am sadly dealing with very difficult personal issues.
I didn’t want you to think after all your help on here I have just gone. I intend to be back in a few days to sort the witness statement and will meet deadlines.
To date nothing from Overdales/Lowells whoever and after recent events I don’t even care about them anymore I will just fight on anyway.

Thankyou

[echat11]

Sorry I vanished I have and still am sadly dealing with very difficult personal issues.
I didn’t want you to think after all your help on here I have just gone. I intend to be back in a few days to sort the witness statement and will meet deadlines.
To date nothing from Overdales/Lowells whoever and after recent events I don’t even care about them anymore I will just fight on anyway.

Thankyou

Reminder -

Both sides must provide to the court and each other by the 5th August.

A, Witness statements
B, Copies of all documents you wish the court to see In deciding your case

Hearing is to take place via CVP video link.

Upon compliance of the witness statements (the order) a notice will be sent to all parties with time, date, length of hearing details.

Told of venue for hearing and what fees need to be paid in advance/consequences of failure to do so.

If you post the Witness Statement without personal details, we can take a look.

[Zanxia]

I will do Thankyou soo much for your continued support. I am off work on Friday between that I work very long days. My aim is Friday to get sorted.
I will post for them to all get them Monday 1st, Tuesday the 2nd at the latest and use a tracked method to confirm delivery on the date.
I think I have someone I can borrow a laptop off if need be aswell.

Thankyou again

[echat11]

I will do Thankyou soo much for your continued support. I am off work on Friday between that I work very long days. My aim is Friday to get sorted.
I will post for them to all get them Monday 1st, Tuesday the 2nd at the latest and use a tracked method to confirm delivery on the date.
I think I have someone I can borrow a laptop off if need be aswell.

Thankyou again

It might be an idea to post it on the thread before sending to Court and their solicitors.

[Zanxia]

I definitely will, as it’s yet another document that I don’t fully understand so looks like a minefield to me . I hope It just will need tweaks with your kind assistance as in previous documents I did.

Thankyou

[Zanxia]

I have managed to get today off i desperately need help with this witness statement please? and have been trawling through my piles of paperwork to try to put this together. Asides from everything else I think certain points I need tweaked are references to law as I have just worded it In human terms.

In the xxx. County court
Claim no xxxx

Between xxxxx Lowells

And

xxxx Defendant

I xxxxx of xxxx being the defendant in this case 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, On or around the 6th May 2021 I received and returned a letter before action document from Overdales solicitors. I returned this form requesting specific documents (Exhibit A). I did not receive the requested documents but did however receive what appeared to be template credit agreements containing no personal or financial details. At some point thereafter I received another letter before action and yet again requested the documents.

3, On or around the 29th November 2021 I received a letter from Overdales stating they had sent all documents in line with legal obligations(Exhibit B)

4, On or around the 29th January 2022 I received a claim form from Northampton county court. The particulars of claim listing 3 separate Shop direct accounts with 3 separate account numbers and 3 separate amounts.

5, On the 22nd February 2022 I sent 3 separate CCA requests to Overdales enclosing the £1 each charge with postal orders and sent recorded delivery(exhibit C)

6, On or around 19th April 2022 I received a response from Overdales in response to my defence which once again contained the same documents previously received.
Added to this was a document that appeared to be a credit agreement for one of the account numbers listed in the particulars of claim but it is dated 6 months after the date stated on the particulars of claim(Exhibit D)

7, Once mediation in this matter was confirmed as unable to go ahead due to me citing I have not received documents as requested I received another envelope from Overdales.
The envelope contained exactly the same documents that had been received previously with no covering letter.

8, I do not deny having previously having accounts under the Shop direct umbrella of companies opened many years ago.
Accounts I believe have changed names since then, I do not recall when or how they were opened or if I ever signed actual credit agreements. Despite requests to supply documents to enable me to understand this to the best of my knowledge I have never actually received as I have requested.

[Zanxia]

Just to add as still can’t work out how to edit, I will finish that with the official wording as per templates.
Although I have obviously kept everything that in itself was a minefield as in loose terms all documents have been pretty much the exact same rubbish sent at different times with no covering letter to match them up.
I have just counted up 5 separate blank of anything template credit agreements alone!
Just noticed aswell the alleged copies of Shop direct selling it to Lowells if you like are just on plain old paper no company headings/logos or anything and the letter from Lowells saying purchased the debt is there but both documents have the same date?

Please and Thankyou soo much again