**CLAIM DISMISSED ** CCJ for old debt - have no idea what to do - court claim

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Emailed to ccbcdefendants@hmcts.gsi.gov.uk ( no auto reply though ) and sent hard copy registered post on Tuesday signed for on 20th. So definitely received.

Thanks ... Yes he clearly was talking fluent balls !

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

So as you were then.

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

I'll stand down Air Force one !!

Huge thanks for getting me back on track

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Dear All :beagle2222:

So no documents have been forthcoming under my CPR 31.4. I requested and was verbally granted an extension under CPR 15.5 by DF which i followed up in writing and i informed the court and got an acknowledgement from the court 10 days later.

DF have stated that they cant get any documents to me before 25th April but under CPR15.5 I only have 28 days to file my defence. So now I am going to go for an N244 as suggested. I aim to submit this by 11th April (my defence is due on 18th but given the bank holiday that will be 22nd)

I would be grateful if you could spare the time to review my witness statement below.
A couple of questions

1) under 3 i have added that the stated in their LBA that they would show the documents am i right to do this
2) Do i need to add that i also informed the court and recieved acknowledgement
3) i have never had a relationship with Lloyds , I have however had a card with HBOS which was subsumed into the lloyds group but none of the account numbers match at all - should i expand on this in 15 noting that I have never knowingly had a relationship with LLoyds banking group but did have a relationship with a subsidury company???????

Thank you!!!
In the Northampton county court
CLAIM NO: AXXXXX
REF: Lloyds Banking Group


BETWEEN:
CAPQUEST INVESTMENTS LIMITED
Claimant
and
XXXXXXXXX
Defendant
_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________



Lowlowloa of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the Claimant do provide copies of documents pursuant to CPR 31.14
2: CPR rule 31.14 states

(1) A party may inspect a document mentioned in –
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit

The Defendant is therefore entitled to inspect copies of the Credit Agreement, the Default notice and the assignment.

3. In their Letter before action dated XXX the Claimant solicitors state “we will, if necessary, show the court copies of your credit agreement and statements to prove our claim" (EXHIBIT A]


4. On 24^th February 2014 I made a written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT b]

5. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.

6. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.

7. On 9^th March 2014 , I contacted the Claimants by email and recorded delivery (Exhibit C and D) repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

8. On 15^th March 2014 I received a letter from the claimants solicitors stating that they are unable to comply with my request and will not be able to obtain the paper work until 25^th April at the earliest date (Exhibit E)

9. On 17^th March 2014 at 9am I called the claimants solicitors and spoke to their representative who agreed to an extension under CPR 15.5 and noted that under CPR 15.5 the extension agreed by both parties is 28 days from my original date (22^nd March 2014) to submit my defence 18th April 2014

10. On 17^th March 2014 Email and letter sent recorded delivery to defendants solicitor confirming conversation and extension to the defence submission date under CPR 15.5 noting the new date 18^th April 2014. (Exhibit F and G)


11. on 8^th April I emailed the claimants solicitors to ascertain progress to date I have not received a response (Exhibit G)

12 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 despite my entitlement to inspect these documents.

13 I refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)

“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

14. I also refer to the ruling of the Court of Appeal in Mitchell v News Group Newspaper [2013] EWCA Civ 1537 where the court set down clear guidance that the rules must be complied with (see para 41). This application could have been avoided had the Claimant complied with its duties under the CPR.

15. The Claimants pleaded case is that the Defendant entered into an agreement with Lloyds under account referenceXXXXXXXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXXX Original Creditor XXXX in the past however 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. Notwithstanding this, I am unable to consider whether such agreement complies with the statutory provisions of the Consumer Credit Act 1974 until such time as a copy is provided.

16. The Claimants additionally mention a Default Notice. I am unable to consider whether such Default Notice complies with the statutory provisions of the Consumer Credit Act 1974 until such time as a copy is provided. The Act sets out clear form and content requirement, which, if not copied with, render the Claimant unable to enforce the agreement as per HHJ Chambers QC in Harrison v Link Financial Ltd [2011]

17. I therefore ask that the Court grants an extension of time to file my Defence and orders the Claimant to provide copies of the documents mentioned in its statement of case. I would also ask the Court to order the Claimants pay the costs of this application which could have been avoided had the Claimants had their house in order from the outset.


Statement of Truth

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


Signed: ________________________________

Dated:

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

3. In their Letter before action dated XXX the Claimant solicitors state “we will, if necessary, show the court copies of your credit agreement and statements to prove our claim" (EXHIBIT A]

Yes that's fine, it indicates they told you they had them before issuing the claim so should have no problem allowing inspection of them now.

15. The Claimants pleaded case is that the Defendant entered into an agreement with Lloyds under account referenceXXXXXXXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXXX Original Creditor XXXX in the past however 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. Notwithstanding this, I am unable to consider whether such agreement complies with the statutory provisions of the Consumer Credit Act 1974 until such time as a copy is provided.

15. The Claimants pleaded case is that the Defendant entered into an agreement with Lloyds under account referenceXXXXXXXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with HBOS in the past which I believe is linked in someway with Lloyds however 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. Notwithstanding this, I am unable to consider whether such agreement complies with the statutory provisions of the Consumer Credit Act 1974 until such time as a copy is provided.


maybe? probably word it better than that.




And yes, after 3 add in something like I received the county court claim on xxxxxxxxxxxxxxxx and acknowledged receipt via the MoneyClaimOnline service on XXXXXXXXXXXXXXXXXXXXX

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

Notwithstanding this, I am unable to consider whether such agreement complies with the statutory provisions of the Consumer Credit Act 1974 until such time as a copy is provided.

Remove that as you don't want them to say you're fishing.

M1

[Amethyst]

Re: CCJ for old debt - have no idea what to do - court claim

Good idea actually thanks M1 - have amended the example in the library as well

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Amazing thank you both for your time !
I have yet to complete the n244 it seems quite straight forward but will shout if I need help


your help is so very much appreciated

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Really sorry to ask this but do I enclose payment with the n244 and send to Northampton or do I have to call and make payment over the phone .. Defence is not due for 10 days so time is on my side .

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

Either but safer to pay by phone.

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Have received this from the nice people at df ... I take it this makes no difference and I go ahead . Do I include it in my witness statement ???

"Unfortunately I cannot specify a date, however we continue to communicate with our client in regards to the information you have requested and the matter remains on hold in the meantime.

We apologise for the delay and will correspond with you further once we have received our client’s further instructions."

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Bump :tongue2:

[mystery1]

Re: CCJ for old debt - have no idea what to do - court claim

Have received this from the nice people at df ... I take it this makes no difference and I go ahead . Do I include it in my witness statement ???

"Unfortunately I cannot specify a date, however we continue to communicate with our client in regards to the information you have requested and the matter remains on hold in the meantime.

We apologise for the delay and will correspond with you further once we have received our client’s further instructions."

:okay:

M1

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

N244 sent off with payment -

I will update you as soon as I hear anything

Thank you for your help - with out this site I would not have known where to start or what to do, THANK YOU!

[lowlowlola]

Re: CCJ for old debt - have no idea what to do - court claim

Quick question should I inform df that I have applied for the n244 or is that giving them a heads up ???