Court forms received Lowell’s/Overdales

[Zanxia]

Hmmm well I have today received Lowells witness statement and the exact same load of junk again.


Lowells apparently sent me 22 letters before passing to Overdales(no they did not)

They have sent a reconstituted copies of the credit agreements completed by the defendant(no I did not complete them and the copies are still blank and don’t even have my name on, asides from the 6 months out of date one which I’m not even sure is real either.

The assignor was unable to provide a copy of the original
default notice as it was issued on their system and a copy not retained. In the alternative they have provided them with a screenshot of a computer system evidencing when sent and a template of what would have been sent.

According to them my defence is statement of case does not provide info and no default notice received and that they have failed to respond to the request made under section 78(yip that’s all correct)

They are now saying provided statement of account, screenshot of default notice, notices of assignments and reconstituted copies of all 3 accounts.

I am furious it’s all a pack of lies, and not at any time have they admitted to not sending the correct paperwork. Now all of a sudden it’s screen shot of a system, no default notice but a template instead and reconstituted agreements.

All I have ever asked for is the correct paperwork so I knew where I stood and they have never provided it but pretended they have, that’s it really.

[Zanxia]

Can anyone please advise before I put my witness statement together and finalise? Thankyou very much

Is it advisable to now concentrate on every false statement made on the witness statement by the claimant(of which there are many, well infact the whole lot). I have googled and searched and I just can’t seem to find that answer.

Would any details be of any harm or do I stick with absolute truth? I have never denied accounts first and foremost the general consensus of the claimants witness statement is that Shop direct tried to help to not close the accounts, to then to sell on for the claimant to try to help and to save the courts time, when it’s all lies.
The claimants view is sort of all of a sudden no correct paperwork afterall but done the best we can(although never ever said that before just pretended and worded as if all was correct and met legal compliance).
I bought the goods from Shop direct so must now pay them instead as they have the accounts which they can legally buy.

I greatly appreciate input, I don’t want to fall at this hurdle through lack of knowledge after battling for so long already.

Thankyou again

[echat11]

There is quite a bit to go through, I know they like to send letters, but 22 sounds ridiculous.

'I bought the goods from Shop direct so must now pay them instead as they have the accounts which they can legally buy.' Unfortunately this is the case.

The following is an example of a Witness Statement (your WS will be similar but different) that you can build on
with the facts, read from post 189 to 193.

https://legalbeagles.info/forums/for...e28-**-WON-**=

Keep to the facts, don't go off on a tangent, it needs to be clear, concise and succinct.

[Zanxia]

Thankyou very much, I will just be brutally honest in my own words about the whole lot then, nothing to lose.

Although I do appreciate nothing stopping them buying the accounts I also assumed that they had to be honest and truthful with what they had and they absolutely have not done that.

They state never should have got to this stage, I wholeheartedly agree with that and if documents sent had been explained properly and not worded as Credit agreements, default notices and whatever else in reply to letter before actions information requests we wouldn’t be at this stage now.

What’s the worst that can happen I lose and an affordable plan is put in place, and no more rubbish and lies from them so that in part sounds good to me.

[echat11]

Thankyou very much, I will just be brutally honest in my own words about the whole lot then, nothing to lose.

Although I do appreciate nothing stopping them buying the accounts I also assumed that they had to be honest and truthful with what they had and they absolutely have not done that.

They state never should have got to this stage, I wholeheartedly agree with that and if documents sent had been explained properly and not worded as Credit agreements, default notices and whatever else in reply to letter before actions information requests we wouldn’t be at this stage now.

What’s the worst that can happen I lose and an affordable plan is put in place, and no more rubbish and lies from them so that in part sounds good to me.

If you follow the advice in post 93, you stand 'fair' chance of winning the case.
Once you've done it, post it up removing personal details.

'I will just be brutally honest in my own words about the whole lot then' you will lose, that's what Overdales wants.

The following is the strength of your case, but needs to be in the advised format -

'They have sent a reconstituted copies of the credit agreements completed by the defendant(no I did not complete them and the copies are still blank and don’t even have my name on, asides from the 6 months out of date one which I’m not even sure is real either.

The assignor was unable to provide a copy of the original
default notice as it was issued on their system and a copy not retained. In the alternative they have provided them with a screenshot of a computer system evidencing when sent and a template of what would have been sent.

According to them my defence is statement of case does not provide info and no default notice received and that they have failed to respond to the request made under section 78(yip that’s all correct)

They are now saying provided statement of account, screenshot of default notice, notices of assignments and reconstituted copies of all 3 accounts.'

[Zanxia]

I xxxxx being the dependent in this case will state as follows

1, I make this witness statement in support of my defence for this claim.

2, This claim is for three credit agreements regulated under the consumer credit act 1974. I believe the accounts were opened in 2000, 2005 and 2007. I do not recall how these accounts were opened nor do I recall signing any credit agreements at these times and I do not hold any copies of the agreements.

3, I do not recall the original
specific names of the companies when the accounts were opened and believe they have changed a few times over the years.

4, Between 2000 and 2020 I ordered goods to be delivered to me on accounts and made monthly payments towards these accounts.

5, On 6-5-2021 I returned a reply form to a letter before action document received from the claimant. I requested the specific documents to ascertain my legal position(Exhibit A1)
The requested documents were not received and appeared to be incomplete. A covering letter stated otherwise (Exhibit A2).

6, I received another letter before action document dated 29.10.2021 I returned the document again on the 24.11.2021 requesting the documents again(Exhibit A3)

7, I received a letter from the Claimants solicitor dated 29th October 2021 stating we have sent all documents required in line with our legal obligations.(Exhibit A4).

8, On the 22.2.2022 following receipt of court documents from Northampton county court I made written requests to the Claimant for copies of the three credit agreements of the consumer credit act 77-79 and stated that I am entitled to received a legible copy of my credit agreements on request. I enclosed 3 separate requests and 3 £1 postal orders.(Exhibit A5 and A6)

9, A letter from the claimants solicitor dated 2.2.2022 confirming a County court claim was then received(Exhibit A7)

10, A letter was received from the Claimants solicitor dated 21.3.2022 to acknowledge receipt of defence listing enclosed documents(Exhibit A10)

11, Consumer credit act s78(1) states duty to give information to debtor under running account credit within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a £1 fee. 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 practical for him to refer.
(A) The state of the account
(B) The amount, if any currently payable under the agreement by the debtor to the creditor
(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.

12, The claimant has failed to comply with s77(1) of the consumer credit act 1974 and by virtue cannot enforce the agreements.

13, The consumer credit act s78(6) states 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.

13, It is my belief that prior to court directions and the order made documents received from the claimant were not listed correctly throughout this claim. This has caused great
detrimental effect on assessing the claim as a whole.

Statement of truth

I xxxxxx, the defendant believe the facts stated within this witness statement to be true.

[Zanxia]

I will amend errors that I have just spotted sorry

[echat11]

I will amend errors that I have just spotted sorry

Will look through.

[Zanxia]

I’m soo sorry to bump this especially on a Sunday afternoon so huge apologies As I appreciate everyone has a life or is working anyway.

Is it possible for anyone to look over my witness statement so I can attempt to get it typed up tonight please? Fridays the deadline and I’m at work every day now so trying to fit it in.

I appreciate time is limited but unfortunately life circumstances dictated that so it is what it is I guess.

Thankyou soo much

[echat11]

It reads well, you've probably spotted you have two 13. Do you want to add regards their non compliance regards Default Notices?

[Zanxia]

Awwww thank you, thank you soo much.
As you can tell I was really panicking.
Yeah I am also a defendant not a dependant and also I have the odd section 77 which should be 78?

Yes I will add the non compliance of default notices, is it to be worded as simply as that? What do you think of documents not being described as constituted before the witness statement? Or should I leave that be?

Thankyou again printed and copier sorted and ready to sort tonight after work and post tomorrow.

[echat11]

Awwww thank you, thank you soo much.
As you can tell I was really panicking.
Yeah I am also a defendant not a dependant and also I have the odd section 77 which should be 78?

Yes I will add the non compliance of default notices, is it to be worded as simply as that? What do you think of documents not being described as constituted before the witness statement? Or should I leave that be?

Thankyou again printed and copier sorted and ready to sort tonight after work and post tomorrow.

Stay clam panicking is a waste of energy. Few more points you could add.

a) Yeah I am also a defendant not a dependant and also I have the odd section 77 which should be 78?

I spotted, do correct that. Yes change to 78.

b) Yes I will add the non compliance of default notices, is it to be worded as simply as that?

You could add, 'the claimant hasn't provided copies of Default notice as pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.'

c) What do you think of documents not being described as constituted before the witness statement? Or should I leave that be?

You could say that the Claimant failed to state that the agreements they had sent were 'Reconstituted' agreements and not 'true copies' which is against the Consumer Credit Act 1974.

Also If the agreements were taken out before 2007, then the Creditor has to provide 'True Copies' of the agreements and not 'Reconstituted'
agreements as stated in the Consumer Credit Act 1974.

d) Point 8 change to 'under Consumer Credit Act 1974' instead of 'of the consumer credit act 77-79'

[Zanxia]

Thankyou soo much, I have amended the errors and updated to also included your extra information. Just completed and it will be posted tomorrow the the courts and Overdales recorded delivery
Forgive me for not typing up the completed work on here but it’s late and work again in the morning.
I will update as soon as and I really can’t thank you enough for your never ending help and support in this matter.

[Zanxia]

Just to finally update I have finally received a 90 minute hearing date for January with the claimants further fees to be paid by December.
The claimant has also been ordered to lodge at the court at least 7 days before the hearing date an indexed bundle of documents in a ring binder with each page clearly numbered.
Can I ask is this further order normal? Or does it indicate what they have already sent appears to not be adequate?
I myself have thankfully received no further orders from the court.
Thankyou for any further thoughts or information.

[echat11]

Just to finally update I have finally received a 90 minute hearing date for January with the claimants further fees to be paid by December.
The claimant has also been ordered to lodge at the court at least 7 days before the hearing date an indexed bundle of documents in a ring binder with each page clearly numbered.
Can I ask is this further order normal? Or does it indicate what they have already sent appears to not be adequate?
I myself have thankfully received no further orders from the court.
Thankyou for any further thoughts or information.

Sounds like the Judge was really frustrated by the Claimants at the previous hearing, yes there 'bundles' weren't in order.
Chase the Court nearer the time (mid / late November) to see what they have received. You should also get a copy of what they send.