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

[jse85883]

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

Morning [MENTION=6]Amethyst[/MENTION] and all

Sorry to push but I need to get these docs to the court and Bryan carters no later than 14 days before the court date on the 9th April!

I would like to send them today if I can but tomorrow at the latest.

Are you still ok to complete the witness statement please?

Many Thanks
Justin

[Amethyst]

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

If you amend http://www.legalbeagles.info/forums/...164#post530164 further with the right dates etc and post it back up - just note any other facts you feel are important in there and I'll have a look over it before you send ok xxx

[jse85883]

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

Ok thanks@ Amethyst
;
Will do straight away

Thanks

[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 formal written request to the Claimant requesting for documents mentioned in a statement of case under CPR31.14 [EXHIBIT B]

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

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

7. 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.

8. 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.

9. I accept I have held Current Account's with Lloyds in the past however 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.

10. I require inspection of the following documents;
a) agreement/overdraft facility confirmation and Terms and Conditions from that date.
b) copies of any general conditions incorporated in the agreement
c) The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.
d) Notice of Assignment.
e) a full statement of account showing how the amount claimed has been calculated.

11. 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.

12. 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.

13. In essence, the Claim is extremely vague, no documents have been produced to evidence the claim, and I am left disadvantaged by being unable to enter a fully pleaded defence or admission to the Claimant's claim.

11. I respectfully request the Court orders production for inspection of documents on which the Claimant intends to rely in this case, and allow me, as Defendant, to amend my Defence at the Claimant's cost.

12. 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. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

23. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.



Statement of Truth

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


Signed: ________________________________

Dated: ________________________________

[jse85883]

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

[MENTION=6]Amethyst[/MENTION] please see above

Many Thanks
Justin

[jse85883]

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

Actually looking at the original court claim form there is no mention of the agreement date with Lloyds,

All it does say is that:
THIS DEBT WAS ASSIGNED/PURCHASED BY Lowell Portfolio I Ltd
ON 24/06/2013 AND NOTICE SERVED PERSUANT TO LAW OF PROPERTY ACT 1925

shall I modify line 2. ?

[Amethyst]

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

ta xx give me a little bit just going through it.

[Amethyst]

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

Actually looking at the original court claim form there is no mention of the agreement date with Lloyds,

All it does say is that:
THIS DEBT WAS ASSIGNED/PURCHASED BY Lowell Portfolio I Ltd
ON 24/06/2013 AND NOTICE SERVED PERSUANT TO LAW OF PROPERTY ACT 1925

shall I modify line 2. ?

I think they mention it in the 'reply to defence' statement ?

[Amethyst]

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

I would list the documents you asked for in your requests and that you consider them to be reasonable requests. You should add in the application to court for disclosure and the rest of what happened between feb and july and why they sent the witness statement at that stage.


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]

9. 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, NAME, 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. I do not recall any debt being owed to Lloyds bank at the time I ceased use of the account in 2009.


take this out

13. In essence, the Claim is extremely vague, no documents have been produced to evidence the claim, and I am left disadvantaged by being unable to enter a fully pleaded defence or admission to the Claimant's claim.

11. I respectfully request the Court orders production for inspection of documents on which the Claimant intends to rely in this case, and allow me, as Defendant, to amend my Defence at the Claimant's cost.

23. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

and replace with

xx. 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.

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


and check the numbering

[jse85883]

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

Ok I'm going through again now.

The time delay between February and July was down to the court doing nothing!

[Amethyst]

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

There was the application that failed(grr) and the order to reply to the defence in that period ?

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

8. 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.

9. 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.

10. I accept I have held Current Account's with Lloyds in the past however Ibelieve 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.

10. 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

11. 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.

12. 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.

13. 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.

14. 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: ________________________________

[jse85883]

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

whoops numbers are incorrect!! one second

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

8. 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.

9. 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.

10. I accept I have held Current Account's with Lloyds in the past however Ibelieve 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.

11. 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

12. 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.

13. 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.

14. 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.

15. 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: ________________________________





Ok@ Amethyst ;does this look ok now?

Many Thanks
Justin

[Amethyst]

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

This bit

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

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

Something must have happened inbetween those dates, the application (failed) and they were ordered to serve a reply to the defence??
basically you want to show you have given them a billion opportunities to evidence the claim and have still failed over a year later.