** WON ** Please Help!!!! Lowell / Lloyds court claim - DISCONTINUED

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Your absolutely right [MENTION=6]Amethyst[/MENTION] I missed this!!
Ive attached the court order

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Okay include the date of that order.

I'd also include your previous application.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

but the court refused the previous one?

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

I, JUSTIN EVANS, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained within this witness statement are not within my own knowledge, I have stated the source of my information.

1. On or around the 10 Feb 2014, I received the Claim in this case from the County Court Business Centre, Northampton, for the amount of £1304.45.

2. The Claimant's statement of case submits that the claim is for an account between myself and Lloyds Bank Plc under an agreement entered into on 12th December 1997.

3. The Claimant's statement of case did not identify the type of account to which their claim applied.

4. On 18 Feb 2014 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in their statement of case [EXHIBIT A].

5. On 26 Feb 2014 I made a further formal written request to the Claimant requesting for documents mentioned in a statement of case under CPR31.14 [EXHIBIT B]

6. On 28 Feb 2014 the Claimants solicitors replied [EXHIBIT C] to my written request without the requested documents.

7. On 23 Jun 2014 Chelmsford county court ordered that the claimant do file and serve a reply to the defence dealing with all matters and issues raised therein.

8. On 03 July 2015 I received the Claimant's Witness Statement [EXHIBIT D].

9. The Claimant's Witness Statement does provide to further identify the Agreement on which their claim relies, however fails to provide any documents on which they intend to rely.

10. The account number detailed in the Claimant's Witness Statement is not an account number I recognise or am able to identify from my own records. The Agreement detailed at paragraph 2 appears to be for a Current Account with an Overdraft Facility.

11. I accept I have held Current Account's with Lloyds in the past however I believe this was a joint account with my ex-wife, Sarah Evans, and I have had no contact from the Bank since around 2009. The account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers, and the terms on which any breach is based, as well as how any sum claimed has been calculated.

12. I require inspection of the following documents;
a) agreement/overdraft facility confirmation and Terms and Conditions from that date.
b) The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.
c) Notice of Assignment.
d) Notices of Sums in Arrears under running account credit

13.. The Claimant states the account was assigned on 24 June 2013. I have not received notice of this allocation as required under section 82A of the Consumer Credit Act 1974 and the claimant has shown no evidence that they are entitled to enforce any debt due under the agreement.

14. It is denied that the original creditor, Lloyds, served any Default notice on the Defendant. The Claimant is required to prove that a compliant Default Notice was served upon myself.

15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

16. The Claimant has failed to evidence their claim despite being offered numerous opportunities and I respectfully request the court considers dismissing the claim.



Statement of Truth

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


Signed: ________________________________

Dated: ________________________________

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

I know they refused but still shows you tried to get them to produce docs then too. But it's okay if you'd rather leave it out I think that's okay to go.

they should supply their docs too btw same date, so if you don't get them might be worth a letter to the court to say no docs have been produced still.

They are winging it on the basis that it isn't a CCA claim so they don't have to worry about unenforceability - your argument to that is you don't know what the balance is, you may well have arguments, defence against the balance and how it has been made up (unfair terms/charges etc) and without the agreement/terms and a breakdown of the sum claimed you can't plead that effectively.

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

OK brilliant, thank you so much Amethyst for your continued support, I hope to bring some good news soon

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

Quick question @Amethyst
;
Do I send witness statement and copies of docs to the claimant Lowell or the claimants solicitors Bryan Carter?

[jse85883]

Re: Please Help!!!! Lowell / Lloyds court claim

A very good morning to everyone!!

WOW WOW WOW!!!

I received a letter yesterday dated 26th March, the letter read:

Dear Mr Evans

Please find enclosed, by way of service, a notice of discontinuance of this case.

yours sincerely

Bryan Carter Solicitors LLP


I cant thank the people on this site enough for the commitment and knowledge, In particular [MENTION=6]Amethyst[/MENTION]
This truly is an amazing site and you are amazing people

Thank you all most sincerely

Justin

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds court claim

Ahh good news. Well done Justin xxxxx

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds

[MENTION=46068]jse85883[/MENTION]

Would you still have a copy of the original claim form? and if so would you be able to email me a copy - redacted is fine. I'm just putting a report together for someone regarding debt preaction protocols.

admin@legalbeagles.info

Thank you xx
Sharon

[ac53]

Re: Please Help!!!! Lowell / Lloyds

hi just reading though this from and i am have the same thing with lowell , i have had the same lettler as above but with a new line in it .we confirm the deed of assignment contains commercially sensitive information and will therfore not be porovided, there is no deed of novation available to our client .any ideas what that means and any help please

[MIKE770]

Re: ** WON ** Please Help!!!! Lowell / Lloyds court claim - DISCONTINUED

N ovation? that crops up in fotl letters?

[Amethyst]

Re: Please Help!!!! Lowell / Lloyds

hi just reading though this from and i am have the same thing with lowell , i have had the same lettler as above but with a new line in it .we confirm the deed of assignment contains commercially sensitive information and will therfore not be porovided, there is no deed of novation available to our client .any ideas what that means and any help please

Indeed, they put that line in when the letter sent to them asks for the deed of Novation deed of assignment as opposed to the notice of assignment, so really depends what you sent to them to get the reply ?

[ac53]

Re: Please Help!!!! Lowell / Lloyds

Indeed, they put that line in when the letter sent to them asks for the deed of Novation deed of assignment as opposed to the notice of assignment, so really depends what you sent to them to get the reply ?

this is what i sent them
xxxxxx
xxxxxxxxx
26/03/2015
TO Bryan Carter Solicitors 11 De Havilland drive waybridge kt13 0yp
Dear Sirs,
Claim Number: xxxxxxx
Request for documents mentioned in a statement of case under CPR 31.14
On 26/03/2015 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 11/04/2015
1. Agreement / Contact
2. Default Notice
3. Assignment
4. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defense as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.
Yours sincerely

xxxxxxxx
Copy sent to Lowell portrolio

[ac53]

Re: ** WON ** Please Help!!!! Lowell / Lloyds court claim - DISCONTINUED

and now i am going to send this 1
xxxxxxxxxx

02/04/2015

LOWELL PORTFOLIO I LTD/
BRYAN CARTER SOLICTORS
KT13 0YP


Dear Sirs,

Claim No: xxxxxxxx
LOWELL VS xxxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response Dated 1/04/2015 to my request for disclosure of documents mentioned in your statement of case under CPR 31.14 sent to you on the 27/03/2015

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours sincerely

xxxxxxx