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Re: Lowells / Bryan Carter old Coop credit card
Okay, you want to do this kind of thing with your letters, their letters and your relevant bank statements attached and mentioned as exhibits. This is rough to give you an idea. It doesn't need to be in legalese as it is a factual witness account of what happened and what the facts are, as opposed to a legal argument.
Once you're done drafting post it back on here and nudge me
You'll need to send a copy to the court AND send a copy to the claimant sols ( so Bryan Carter)
IN THE XXXXXXXXXXXXXXXXX COUNTY COURT
BETWEEN:
I Melbourne99 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 claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.
2. I received the claim in this case on XXXXXXXXXXX.
3. The claim is for a Credit Card originally with Co-Operative Bank Plc under an agreement regulated by the Consumer Credit Act 1974.
4. I have had no contact with Co-Operative Bank Plc with regards this credit card account since XXXXX 2008. I have not made any payment nor have I acknowledged the debt.
5. Please find attached my banking statements from the period which show the last payment made to the debt and demonstrate that no payment was made since then.
5. On xxxxxxxxxx I wrote to the Claimant [EXHIBIT A] to inform them that their claim was time barred pursuant to provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on a simple contract and an excess of 6 years have elapsed since any cause of action may have accrued.
3. On XXXXXXXXXX 2014 I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A] as allowed under CPR 31.14. The request was made before this case was allocated to the Small Claims Track.
3. On XXXXXXXXXX , I made a formal written request for a copy of any credit agreement of this account under s.77 - s.79 of the Consumer Credit Act 1974 [EXHIBIT A]
4: On xxxxxxxxxxx I received a letter [EXHIBIT B] from the Claimants stating xxxxxxxxxxxxx
5: I have not received a response to my request under the Consumer Credit Act 1974 and as such the Claimant is unable to enforce the alleged agreement.
6: I have not received a default notice, nor any notice of assignment of the agreement from Co-Operative to Lowell, therefore they have not evidenced they have the legal right to bring this claim against me.
7: Therefore I believe the claimant xxxxxxxxxxxx
Statement of Truth
I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated:
Okay, you want to do this kind of thing with your letters, their letters and your relevant bank statements attached and mentioned as exhibits. This is rough to give you an idea. It doesn't need to be in legalese as it is a factual witness account of what happened and what the facts are, as opposed to a legal argument.
Once you're done drafting post it back on here and nudge me
You'll need to send a copy to the court AND send a copy to the claimant sols ( so Bryan Carter)
IN THE XXXXXXXXXXXXXXXXX COUNTY COURT
Claim No. XXXXXXXX
BETWEEN:
LOWELL PORTFOLIO
Claimant
- and –
Defendant
MELBOURNE99
_________________________________
WITNESS STATEMENT OF MELBOURNE99
_________________________________
WITNESS STATEMENT OF MELBOURNE99
_________________________________
I Melbourne99 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 claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.
2. I received the claim in this case on XXXXXXXXXXX.
3. The claim is for a Credit Card originally with Co-Operative Bank Plc under an agreement regulated by the Consumer Credit Act 1974.
4. I have had no contact with Co-Operative Bank Plc with regards this credit card account since XXXXX 2008. I have not made any payment nor have I acknowledged the debt.
5. Please find attached my banking statements from the period which show the last payment made to the debt and demonstrate that no payment was made since then.
5. On xxxxxxxxxx I wrote to the Claimant [EXHIBIT A] to inform them that their claim was time barred pursuant to provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on a simple contract and an excess of 6 years have elapsed since any cause of action may have accrued.
3. On XXXXXXXXXX 2014 I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A] as allowed under CPR 31.14. The request was made before this case was allocated to the Small Claims Track.
3. On XXXXXXXXXX , I made a formal written request for a copy of any credit agreement of this account under s.77 - s.79 of the Consumer Credit Act 1974 [EXHIBIT A]
4: On xxxxxxxxxxx I received a letter [EXHIBIT B] from the Claimants stating xxxxxxxxxxxxx
5: I have not received a response to my request under the Consumer Credit Act 1974 and as such the Claimant is unable to enforce the alleged agreement.
6: I have not received a default notice, nor any notice of assignment of the agreement from Co-Operative to Lowell, therefore they have not evidenced they have the legal right to bring this claim against me.
7: Therefore I believe the claimant xxxxxxxxxxxx
Statement of Truth
I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: ________________________________
Dated:
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