Bryan carter / Lowell group CCJ court papers received.

[MIKE770]

Re: Bryan carter / Lowell group CCJ court papers received.

Address

Lowell GroupEllington House 9 Savannah Way, Leeds Valley Park West LEEDS West Yorkshire LS10 1AB

[Amethyst]

Re: Bryan carter / Lowell group CCJ court papers received.

Yes. You can say that you exchanged letters but not mention the offer, something like attempted to settle the matter, reiterated my request for information/documents ... etc. and not include the letter at this stage.

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Thanks amethyst, here is my amended witness statement



IN THE XXXXXX COUNTY COURT


Claim No. XXXXXXX


BETWEEN:
Lowell portfolio group
Claimant
- and –
Defendant
XXXX XXXXX


_________________________________


WITNESS STATEMENT OF XXXXX
_________________________________






I xxxx xxxxxx of xxxxx xxxxxx xxxxx 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 4th September 2014. The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all. The Defendant has not entered into any agreement to receive finance and/or services and/or goods from Lowell portfolio I ltd, or any of it's subsidiaries, and as such has not received any finance and/or services and/or goods from Lowell portfolio I ltd and does not know of any debt owed to Lowell portfolio ltd.




2. On 5th September 2014 I made a written request [EXHIBIT A] by recorded delivery to the Claimant, Lowell Group, requesting that the Claimant provides a copy of the original credit agreement under the Consumer Credit Act 1974 s.77-s.79. The statutory £1 fee was also enclosed. A copy of this letter was sent to the claimants solicitor Bryan Carter.




3. Lowell Group have failed to respond to this request and therefore have supplied no documentation or returned the £1 postal order fee. Lowell Group received the request on 15th September 2014. [EXHIBIT B] A copy of the request was received by the claimants solicitor Bryan Carter on 11th September 2014. [EXHIBIT C]




4. On 10th September 2014 I made a written request [EXHIBIT D] for documentation relating to the case as mentioned in the claimant's particulars of claim as allowed under Civil Procedure Rule 31.14 This request was sent to Bryan Carter Solicitor LLP, the request was received on 15th September 2014 [EXHIBIT E]




5. On 18th September 2014 I received a response from Bryan Carter solicitor LLP rejecting their liability to supply documentation under CPR 31.14 [EXHIBIT F]




6. On 21st September 2014 I made a further written request [EXHIBIT G] for CPR 31.14 to Bryan carter Solicitors LLP and I requested they agree to an extension to the date for filing my defence under CPR 15.5 to allow them additional time to obtain the required documentation. This request was received on 24th September 2014 [EXHIBIT H]




7. On 25th September 2014 I received a response[EXHIBIT I] from Bryan Carter Solicitor LLP once again refusing to supply documentation under CPR 31.14 and also refusing an extension to file my defence.




8. On 28th September 2014 I filed my defence to the court, [EXHIBIT J]no documentation had been received on the alleged debt from either Lowell Group or Bryan Carter Solicitors.




9. On 10th October 2014 I received a letter from Bryan carter solicitors with regards to settling the alleged debt, this reiterated my request for information/documents regarding the case .On 29th October 2014 I wrote to Bryan Carter solicitors reminding them I have yet to received any documentation from them regarding my requests for information under CPR 31.14 and the Consumer Credit Act 1974. This letter was received by Bryan carter solicitor on 4th November 2014 [EXHIBIT K]




11. On 7th November 2014 I received a response [EXHIBIT L]from Bryan Carter solicitors confirming that they had referred my Request for documentation under the Consumer Credit Act 1974 to Lowell Group and would revert back shortly. To date no documentation or further response regarding this request has been received.




12. The Claimants bought this claim to court in September 2014 and it is now January 2015 and I have still received no further information or documentation to evidence the claimant's claim. I believe the claim should be dismissed due to no documentation supplied by either the claimant or there solicitor, or the claimant should be ordered to supply myself with the requested documentation to allow myself to amend my defence, I am unable to plead further without more information.


Statement of Truth


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




Signed: ________________________________








Dated: ________________________________

[Amethyst]

Re: Bryan carter / Lowell group CCJ court papers received.

Excellent

Just one little bit - remove the bold underlined bit from this para....

9. On 10th October 2014 I received a letter from Bryan carter solicitors with regards to settling the alleged debt, this reiterated my request for information/documents regarding the case .On 29th October 2014 I wrote to Bryan Carter solicitors reminding them I have yet to received any documentation from them regarding my requests for information under CPR 31.14 and the Consumer Credit Act 1974. This letter was received by Bryan carter solicitor on 4th November 2014 [EXHIBIT K]


Then I think you should be good to go xxx

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Many thanks amethyst, I have now removed that line and will print it off. Will submit the paperwork to the court and also to bryan carter tomorrow.

Thanks truly for all your help, I don't know what I would have done without it.

[Amethyst]

Re: Bryan carter / Lowell group CCJ court papers received.

Super xx Fingers crossed for you, let us know when you hear anything.

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

I've just thought. All my correspondence with Bryan carter/Lowell I've signed the letter digitally on the computer. I am hand signing the witness statement.

1. Would it matter that the signature does not match the digital signature from previous correspondence?

2. Is ok to send my real signature to bryan carter at this point? Or can there copy of the witness statement be unsigned?

Thanks

[Amethyst]

Re: Bryan carter / Lowell group CCJ court papers received.

Sign the Witness Statement properly xx If you have concerns then make a mark in/by the signature which will be recognisable as copied from that specific document.

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Documents have now been sent to the court and also to bryan carter. Called the court today and they confirmed that Bryan carter have paid the court hearing fee.

Bryan carter should supply the court and myself all documents they rely on in court, by 4pm on Monday 19th January. Let's see if they supply anything.

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

My documents have arrived with the court and also bryan carter. I have yet to receive anything from Bryan carter and the courts deadline is 4pm on Monday. If I don't receive any documents by Tuesday and the court confirm they have not received any documents from bc also, could I apply for a strike out? Also if it was to go to a hearing could bryan carter use documents that have been submitted after the deadline?

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Update

ok all supporting documents were supposed to be received today by 4pm, no surprise that I did not receive anything from Bryan carter so I called the court. The court told me that there records show that nothing has been received from Bryan carter also, however it could take a few days to come onto there system so I should call back in 7 days.

if the court confirm next Monday that no documents were received by Bryan cater, could I email/write to the court and ask the claim to be struck out due to no documents supplied?

[nemesis45]

Re: Bryan carter / Lowell group CCJ court papers received.

Carter taking the "P" out of the system again!
Keep an eye out for any sneaky moves.:tinysmile_cry_t:

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

[MENTION=55034]nemesis45[/MENTION]

yes it seems unfair that he received my supporting documents last week and could be currently gaining himself extra time based on the documents I've provided

in four and a half months he has provided not a single document

[nemesis45]

Re: Bryan carter / Lowell group CCJ court papers received.

@nemesis45

yes it seems unfair that he received my supporting documents last week and could be currently gaining himself extra time based on the documents I've provided

in four and a half months he has provided not a single document

Dirty Tricks!! Carter has been at it for years issuing CC Claims as a threat with no intention of complying with lawful requests or indeed in a lot of case no intention to follow the cases through.

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Does anyone have a template for a letter to the court, requesting a strike out if the claimant does not submit any documents within 7 days,

when i called the court yesterday they said I could write in and make this request