Claim from Llowells/ Bryan carter solicitors

[Amethyst]

Re: Claim from Llowells/Byan carter

Yes a Witness Statement is more factual....


Like this.... (this is just an example it's not written for your case)


IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________
WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

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


1. I make this Witness Statement in support of my defence in this case;

3. On XXXXXXXXXX 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 A]


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


5. 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.


6. On XXXXXXXXXX , I contacted the Claimants by telephone/in writing….summarise what was said and/or attach [EXHIBITS] and 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.


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


Signed: ________________________________
Dated:

[johnjo]

Re: Claim from Llowells/Byan carter

Ok I think I understand it, I will draft something up today and post it here to see what you think.

[Amethyst]

Re: Claim from Llowells/Byan carter

Thanks, feel free to ask anything and we'll be more than happy to check through things xx

[johnjo]

Re: Claim from Llowells/Byan carter

Hi Sharon
Im working on the witness statement, could I ask a question please? Not sure whats best..
When I first got letters from Lowells re this lloyds debt for £1800 I also received a claim from them for another debt, lloyds for £600. I checked with my ex, she had received claims for the £600 from a different company some months before. She dealt with it and it was statute barred, the company agreed and dropped it. It was obviously sold on to Lowells. It turns out it was an old joint account, when we separated I gave her half the money and went to the bank to sign for it to be closed, but it appears she didn't do her bit.
The action by Carters is for the £1800. I wrote to Lowells 3 times asking for details and evidence, stating each time I had no knowledge and in the second two that any debt I believed would be statute barred. I believed if the first debt was barred the second must be, as they are from the same period. As I said before I found a statement which may show it isn't barred. Not sure because the payee isn't listed.
When they eventually replied Lowells referred to both debts, gave default dates, stated both were not statute barred and gave addresses for their external agencies they said I had to contact for proof of the debts.
In my witness statement I need to list my actions (letters) and their responses. I was thinking I should show Lowells are less than ethical for chasing a debt they know is not enforceable as it is statute barred (the £600). This isn't part of the action and there has been no further mention, but I'm concerned that if the judge is aware there is/was another debt he will take a dim view of me. Although both debts have been referred to in earlier letters, should I avoid mention of the debt for £600 in my witness statement?

[johnjo]

Re: Claim from Llowells/Byan carter

Also, when I refer to their letters, do I need to include these as Exibits? Eg, I sent a letter dated xxxx....exibit A. They response was xxxxxx Exibit B..

[johnjo]

Re: Claim from Llowells/Byan carter

Hi Sharon, my statement is below (not including header with all personal details etc). Do you think this is ok considering my thoughts above?
I xxxxxxxxxxxxxxx being the Defendant in this case will state as follows:

1. I make this Witness Statement in support of my defence in this case.
2. On 14 September 2013 I made a written request to the claimant requesting details of the debt and specified that I had no records.(Exhibit A). I received no response.
3. On 26 November 2103 I again wrote to the Claimant (Exhibit B) after receiving a demand for payment from Frederickson International on behalf of the Claimant. (Exhibit C) I stated that I had written to them 3 weeks previously and requested that they refrain from the repeated checks on my credit reference. I stated that I believed if the debt existed it would be statute barred as I have had no dealings with Lloyds since c2003.
4. I received a letter from Bryan Carter Solicitors acting for the Claimant on 22 November 2013 stating court proceedings would be issued on 6 December 2013. (Exhibit D)
5. I received a reply from the Claimant to my letter on 9 December 2013 (Exhibit E) stating they are the owners of the debt, that amount claimed was not statute barred and referred me to their “external agents” for proof.
6. I wrote to the Claimant on 14 December 2013 (Exhibit F). I stated that the Claimant had acknowledged ownership of the amount I should not have to contact another agency for information I had previously requested from the Claimant and again requested they forward proof of the amount claimed to me.
7. I received a letter from Bryan Carter Solicitors on 7 February 2014 (Exhibit G) stating proceedings had been issued in County Court. I sent a letter to Bryan Carter Solicitors the same day 7 February 21014 (Exhibit H) pointing out that I had requested proof of the debt from their client in writing previously. I requested they forward to me proof of the amount, copies of the original credit agreement, notice of assignment and default notice, and that they should consider I needed these documents to be able to assess my position before any action was taken.
8. I received the claim forms from the court on 11 February 2014 dated 7 February 2014. I took advice from Citizens Advise and submitted my defense on 21 February 2014 (Exhibit I) outlining my attempts to obtain information for the amount claimed from the Claimant and from Bryan Carter Solicitors, my actions to get advice and that in no way had I ignored the issue and that I was unable to admit to the claim without adequate information.
9. I received another letter from Bryan Carter Solicitors on 27 February 2014 (Exhibit J) again indicating proceedings had been issued with no reference to my letters or requests for information.
10. I received a letter from Bryan Carter Solicitors on 20 March 2014 (Exhibit K) stating that the Claimant wished to proceed with the claim. They stated they agreed to mediation and requested I contacted them.
11. I took advice again and on 25 March 2014 called Bryan Carter Solicitors. I spoke to a lady called Natalie. I requested the call was recorded. I again requested documents previously requested and that I would submit a formal CCA request. I stated I would be open to mediation. Natalie informed me that they did not have the documents and that they had been requested from Lloyds on 24 February 2014. She refrained to answer when I asked how they can action a claim when they have not seen any documents. She stated documents would be forwarded to me and I did not need to make a formal CCA request. I sent a letter to Bryan Carter Solicitors on 25 March 2014 (Exhibit L) confirming this conversation, again requesting documents were sent to me and requesting that allowances are made for giving me sight of these and mediating before continuing with further action.
12. On 25 March 2014 I sent a formal request to Lowell Portfolio as the creditor under section 77-79 of the Consumer Credit Act 1974 requesting a copy of the Consumer Credit Agreement (Exhibit M) with payment for £1. It was sent via recorded delivery and the receipt retained (Exhibit N). The payment was cashed on 27 April 2014 as shown by bank statement (Exhibit O) with no response from Lowells to my request.
13. In early May 2014 I was called by the Mediation service asking if I could be available for a call w/c 15 May 2014 to which I agreed. The call did not take place. During May June and July I made repeated calls to the Mediation team requesting the status. I was informed that Bryan Carter Solicitors had not contacted them. I expressed by disappointment, wanting to get this issue resolved.
14. On 4 August 2014 I received an email from Mediation confirming an appointment for 2 September 2014.
15. On 8 August 2014 I submitted an Application Notice to amend my defense (Exhibit P) to include the fact that the claimant has failed to provide documents requested and failed to comply with s78(1) of the Consumer Credit Act 1974 and by virtue of s78 (6) cannot enforce the agreement.
16. During mediation I was asked to outline my main points which were:

I have not avoided the issue, I made repeated requests for information and documents and asked for this to be considered before action is taken. I asked why documents had not been provided.
I made a formal CCA request to the Claimant which was ignored although payment was taken.
I requested a settlement figure from the claimant to avoid the stress of court.
Bryan Carter Solicitors stated that they would not consider settlement in installments and offered no reason why documents had not been provided. They would accept settlement as a one off payment of the full amount outstanding including a portion of fees, the amount totaling £1970.
Bryan Carter Solicitors emailed me during the Mediation a scan copy of the CCA (Exibit Q). It was barely legible, and I felt did not comply with the prescribed terms of my CCA request, contain terms and conditions or interest rates. They also stated that the CCA request was invalid because it was not sent to them. I explained it was sent to Lowell Portfolio as they are the creditor under the Consumer Credit Act and the Claimant.
Despite wishing to reach and amicable agreement to prevent the stress and hardship of court non was made.

1. On 2 September I sent another letter to Lowell Portfolio (Exhibit R) and a copy of my original CCA request with another payment of £1 requesting they action it.

STATEMENT OF TRUTH

I, xxxxxxxxx, the Defendant, believe the facts to be contained in this Witness Statement to be true.



Signed:_________________________


Dated:__________________________

[johnjo]

Re: Claim from Llowells/Byan carter

Sharon, sorry. I just opened the CCA pdf carters sent and there is a 2nd page, the reverse. I can't see how to send a PM with an attachment?

[Amethyst]

Re: Claim from Llowells/Byan carter

Email me admin@legalbeagles.info

I'll read through your ws

[Amethyst]

Re: Claim from Llowells/Byan carter

The witness statement is excellent, well done, the last bit will need some work but I will take a look at the rest of the document they sent you first

[johnjo]

Re: Claim from Llowells/Byan carter

Thanks sharon just emailed you, feel an idiot for not seeing the second page

[MIKE770]

Re: Claim from Llowells/Byan carter

name on it is his?????

[johnjo]

Re: Claim from Llowells/Byan carter

name on it is his?????

ooops thanks mike, edited

[Amethyst]

Re: Claim from Llowells/Byan carter

Rightio, it wouldn't actually comply with s 78 because it is illegible, and I can't see if all the prescribed terms are on there or if there are additional terms that should be provided with it.

So slight amendment


17. Bryan Carter Solicitors emailed me during the Mediation a scan copy of the CCA (Exibit Q). It was illegible, and I felt did not comply with my Consumer Credit Act section 78 request or the The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

18. Bryan Carter Solicitors also stated that my request under section 78 of the Consumer Credit Act 1974 was invalid because it was not sent to them. I explained it was sent to Lowell Portfolio as they are the Claimant and the creditor.

19. Despite wishing to reach an amicable agreement to prevent the stress and hardship of court this was impossible due to the lack of documents.

20. To avoid any further delay I further sent another letter to Lowell Portfolio (Exhibit R) on the 2 September and enclosed a copy of my original CCA request with a further payment of £1.

21. Until such time as the Claimants comply with my request any alleged debt remains unenforceable by virtue of 78(6) Consumer Credit Act 1974.

[johnjo]

Re: Claim from Llowells/Byan carter

Fantastic thank you so much I will get it sorted and get everything in the post tomorrow. Really can't thank you enough and I will let you know what happens!

[johnjo]

Re: Claim from Llowells/ Bryan carter solicitors

Hi Sharon
Couple of things. I received on Friday a letter from Carters with a copy of the CCA, statements and default notice. Its the same they emailed, and still illegible. The cover letter acknowledges my previous request and states they have complied with the s78.
I also received their witness statement and documents with a cover letter saying Lowells will not be represented in court. There are some inaccuracies in their statement, (they claim there was never a threat of a doorstep visit, which they did in writing, they deny sight of some of my letters, and claim I didn't respond to letters from their agents Frederickson-I replied direct saying there was no need for me to go in circles because they are the creditor) more importantly they claim in the statement that:
They complied with my request on 2 Sept for the CCA (the email) and have complied with s78.
The defendant has np prospect of successfully defending the claim.
I have no valid defence and it should be struck out under Part 3.4 Civil Procedure Rules and judgement be enter against me.

Im not sure what that means and where that leaves me? Ive said all along I have no records and can't admit to the claim, and that they didn't comply with the s78.

They have also started chasing me over the other debt I mentioned earlier (continue in new post)