Bryan carter / Lowell group CCJ court papers received.

[Amethyst]

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

Does your court order say a witness statement should be submitted with your documents?

Regardless of whether you get anything off BC or Lowell you should still comply with the court order in good time. If there's anything youa ren't sure of on the court directions post a copy up and we'll help make sure you do the right things.

Have the claimants paid the hearing fee ?

( thanks Kati and sorry Kadafi for not replying sooner)

[Amethyst]

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

The court papers say I should contact them now if I wish mediation, what exactly is this? If you have had no documents from BC then you can't really mediate.

i have no supporting evidence as such regarding my case as BC and Lowell have supplied nothing, all I can submit is my letters requesting documents which they failed to supply. That's fine

do i need to include a cover letter to the judge explaining no documents have been supplied etc? That will be in the form of a witness statement

finally I will need to take a day off work to attend the hearing, if I win the case could I ask for costs due to the time off work etc? Yes you can ask for lost wages / parking / travel


I just did a little bit of a guide on a Witness Statement - http://www.legalbeagles.info/forums/...ness-Statement - which should get you started .... easiest way to start is to list all the documents you have in date order - letters to and from the claimants/sols - and then build your witness statement around that.

[Kadafi]

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

thanks a lot amethyst for your response!

[Kadafi]

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

I sent the £1 fee for the CCA I did a postal order via the post office. I paid the post of the money and got a receipt, is there anyway of knowing if Lowell cashed that money? As it was never returned or acknowledged by Lowell

[Kadafi]

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

Hi amethyst

I have put together a witness statement using one of your templates

if possible could you have a quick look over it as it's pretty basic and may need the odd line or two extra

I am looking to send it off to the court and bryan carter on monday


----------------------------------------------------------------------


IN THExxxxxxCOUNTY COURT


Claim No. Xxxxxxxx


BETWEEN:
Lowell portfolio group
Claimant
- and –
Defendant
Xxxxxxxxxxx


_________________________________


WITNESS STATEMENT OF Xxxxxxxxxx
_________________________________






I xxxxxxxxxx of xxxxxxxxx xxxxxxxxxxx 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. On 5th September 2014 I made a written CCA request by recorded delivery to the Claimant Lowell Group , Enterprise House, 1 Apex view, Leeds, Yorkshire, LS11 9BH requesting that the Claimant provides copies of all documents mentioned in the statement of case. The £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 my CCA request and therefore have supplied no documentation or returned the £1 postal order fee. Lowell Group received the request on 15th September 2014.


4. On 10th September 2014 I made a written CPR 31.14 request to Bryan Carter Solicitor LLP, 11 De Havilland Drive, Weybridge, Surrey, KT13 0YP requesting documentation relating to the case.


5. On 18th September 2014 I got a response from Bryan Carter solicitor LLP rejecting there liability to supply documentation under CPR 31.14


6. On 21st September 2014 I made a further written request for CPR 31.14 to Bryan carter Solicitors LLP and an extension to allow me time to prepare my defence while they obtain the required documentation.


7. On 25th September 2014 I got a response 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, no documentation had been received on the alleged debt from either Lowell Group or Bryan Carter Solicitors.


9. On 8th October 2014 I received a tomlin order from Bryan Carter solicitors in order to settle the alleged debt for £4770.54


10. On 29th October 2014 I responded to Bryan Carter solicitors reminding them I have yet to received any documentation from them regarding my CPR 31.14 request and also my CCA request sent to Lowell Group.


11. On 7th November 2014 I got a response 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. Therefore I believe the claimant has failed to follow the correct courts protocol and also in default of both CPR 14 and CCA requests.




Statement of Truth


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




Signed: ________________________________


Dated:

[blanker]

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

This wont help with your case, but it will help you sleep better in the run up to your day in court.
9 times out of 10 lowells pull out of cases.
If they do go ahead, they tend not to win much.
Courts dont like it when defendants are not shown enough evidence to defend themselves, and like it even less when the company fails to show the defendant they actually owe a debt.
Many judges throw the cases and claimant out of the court.

[Kadafi]

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

Thanks blanker, that was kind of the opinion I've got after reading a lot of the concluded cases. Don't know how they are allowed to cancel days before a hearing, even receiving compensation you don't really get back the true costs of your time over the last 4-5 months since receiving the ccj papers.

amethyst if you read this, it would be great if you could have a look over my previous post as I'm looking to send my witness statement off to the court tomorrow.

many thanks

[nemesis45]

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

Lowell unfortunately are quite successful in litgation.
The address for Lowell stated at that for the CCA request was changes some considerable time ago when the Lowell group took over
Fredrickson International they may well us this as an out for non compliance.
Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1 AB.

[Kadafi]

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

So does that mean my CCA request will be invalid? Does the company still trade at the address I stated? as the letter was signed for

[Kadafi]

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

Amethyst if you could just check my witness statement please as I don't want to post it until I've been given the ok. Last thing I want is for it to be sent to the court and then told its wrong or missing something.

also by sending the CCA to another Lowell address, does that make it invalid now?

[Amethyst]

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

Yes sorry. Five mins xx

[Amethyst]

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

Okay few bits of work needed ( not massive you've done well just couple minor bits) - you need to number the documents as exhibit a, b, c etc and put them in order attached to the witness statement too.




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 xxxxxxxxxxxxxxxxx. The claim appears to be for a xxxxxxxxxxxxxxxxxxxxxx ( basically copy what was in your defence for this bit)


2. On 5th September 2014 I made a written request [EXHIBIT A] by recorded delivery to the Claimant, Lowell Group , Enterprise House, 1 Apex view, Leeds, Yorkshire, LS11 9BH 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]


4. On 10th September 2014 I made a written request [EXHIBIT C] 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, 11 De Havilland Drive, Weybridge, Surrey, KT13 0YP


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


6. On 21st September 2014 I made a further written request [EXHIBIT D] for CPR 31.14 to Bryan carter Solicitors LLP and I requested they agree to an extension to the date for filing my defenceunder CPR 15.5 to allow them additional time to obtain the required documentation.


7. On 25th September 2014 I received a response[EXHIBIT E] 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 F]no documentation had been received on the alleged debt from either Lowell Group or Bryan Carter Solicitors.


9. On 8th October 2014 I received a letter [EXHIBIT G] from Bryan Carter solicitors in order to settle the alleged debt for £4770.54. ( need to take this out if the letter was marked without prejudice ?? )


10. On 29th October 2014 I responded to Bryan Carter solicitors [EXHIBIT H] 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.


11. On 7th November 2014 I received a response [EXHIBIT I]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. ( need to add a bit really saying hence claim should be dismissed or documents ordered and be allowed to amend defence if documents supplied - unable to plead further without more information )

[Kadafi]

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

Thanks so much amethyst

I will go through all this tomorrow and adjust. If the exhibit G is marked without prejudice, does that mean I cannot mention this offer or enclose the tomlin order to the court? Finally I sent the CCA request to Lowell at (1 apex view, Leeds) which I now have been told could be an old address? Would that make my. CCA request invalid?

Many thanks

[Amethyst]

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

Yes, you can't include the offer letter.

You sent a copy of the CCA request to Bryan Carter as well and Lowell should have mail forwarded from their office, personally I think I'd leave the address off of the witness statement if you are concerned, save drawing attention to it, it will be on the letter copy so that's plenty.

[Kadafi]

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

Thanks amethyst

does that also mean I should remove exhibit H, as in that response letter I mention the settlement offer amount.