**DISCONTINUED** Court claim - BW legal and Lowell Portfolio 1 Ltd

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

should I just send the letter for the CCA request, and the CPR31.14 request then?

Lowell sent a letter dated 13/2/2015 requesting I ring them to confirm the information they have is correct and up to date. They mention that the agreement with Welcome was opened on the 03/11/2004. They filed the claim form at court on 08/1/2015!

Also agreed to go to mediation, but as no docs supplied couldn't enter mediation.

The only Loan agreement I have a copy of is dated 2002, with an amount brought forward to settle another account, cash advance, PPI and acceptance fee on it.

When did you take out the loan, was it 2002 or 2004? The copy you have, is it from your own records or something Lowell sent you?

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

should I just send the letter for the CCA request, and the CPR31.14 request then?

Lowell sent a letter dated 13/2/2015 requesting I ring them to confirm the information they have is correct and up to date. They mention that the agreement with Welcome was opened on the 03/11/2004. They filed the claim form at court on 08/1/2015!

Also agreed to go to mediation, but as no docs supplied couldn't enter mediation.

The only Loan agreement I have a copy of is dated 2002, with an amount brought forward to settle another account, cash advance, PPI and acceptance fee on it.

CCA request to Lowell, CPR 31,14 to solicitors.
Use a cheque or postal order for £1 for the statutory fee for the CCA request endorse Cq.PO " For statutory fee only" Lowell has 12 + 2 working days to comply.

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

CCA request to Lowell, CPR 31,14 to solicitors.
Use a cheque or postal order for £1 for the statutory fee for the CCA request endorse Cq.PO " For statutory fee only" Lowell has 12 + 2 working days to comply.

You'll find the OP here has already sent those letters a while ago and the claim has progressed to the point where the court has ordered disclosure of documents.

Letter from the court now received - Notice of Allocation to the Small Claims Track (Hearing)

States that 'each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 7 July 2015.'

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

You'll find the OP here has already sent those letters a while ago and the claim has progressed to the point where the court has ordered disclosure of documents.

Read post 75 Yesterday 1649hrs. " Should I just send the letter for the CCA and the CPR 31.14 then"
Possible in my mind that this had not been done.

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Yes, the OP did indeed ask the question about sending the letters mentioned above, however, if you read it in context, along with the rest of the thread, you'll find the OP was referring to the directions given by the court, to disclose documents they would be relying on. The claimant will have to provide the agreement (CCA), default notice and notice of assignment. The OP filed a defence saying they had received no documents from the claimant despite their repeated requests, the OP's question referred to disclosing the CCA and CPR request letters they had previously sent as documents they relied on, in response to the court's directions, not to whether they should send another CCA and CPR requests at this stage. To start with, a request under Part 31 wouldn't apply now the case has been fully allocated to the small claims track.

Furthermore, there is no need to say the same thing three times as you often do, once is enough for me to read and understand and I trust this would apply to most people.

[Amethyst]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

I think Nem has a glitch with his posting as it seems to repost in quick succession quite often.

If the OP has a hearing date and an order each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 7 July 2015.

Thus he should write a Witness Statement and yes include his copies of CPR and CCA letters as exhibits.

The main defence is statute barred the Witness Statement should state that he contends it is SB and why he contends that - include the credit report as an exhibit. Mention the onus is on the Claimant to evidence if they contend it isn't SB.

He can bring up the lack of documentation ( required to double check the contention the account is statute barred ) and should show that he has requested it and acted reasonably and the claimant has failed to provide the documents - also outline why the documents are required and why no copy of the credit agreement means they are unable to enforce while they remain in default.

Example of witness statement is in the library if you want to have a draft and post it up before sending anything off.

( basically no don't just send the cca, cpr letters on their todd, they need to go with a witness statement and explanation which backs up the defence)

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Right.....am on with witness statement and post up when done.

Thanks

- - - Updated - - -

I have a loan agreement from 2002, they seem to be mentioning a loan with welcome in 2004. Don't have anything for 2004 and nothing from Lowells except a letter stating that the loan is with welcome from 2004 and requesting me to contact them to confirm details with regard to this, which was sent after proceeding with the court claim!

Can't seem to find the example witness statement, could you post a link please.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Could someone please look at my witness statement.........Hope it is ok and mentions everything it needs to!

1. I make this Witness Statement in support of my defence in this claim which is due to be heard on XXXXXXXX at xpm in xxxx County Court. The matters set out below are within my own knowledge, except where I indicate to the contrary.
2. The claim appears to be for a Credit agreement with Welcome Financial Services regulated under the Consumer Credit Act 1974. I do not have any record of this credit agreement and the particulars of claim fail to state when the agreement was entered into, when the default notice was served or any breakdown of the sum claimed for.
3. On xxxxxxxx I wrote to the claimant, Lowell Portfolio 1, requesting a breakdown of capital, charges and Interest. This letter has been received and signed for by ‘Hudson’ on xxxxxxxx. No reply to this letter has been received. (Exhibit A)
4. On xxxxxxxx I wrote to the claimant, Lowell Portfolio 1, requesting a true copy of the credit agreement under the Consumer Credit Act 1974. I enclosed a fee of £1.00 as required by the Consumer Credit Act 1974. This letter has been received and signed for by ‘Hudson’ on xxxxxxxx. No reply to this letter has been received. (Exhibit B)
5. The Consumer Credit Act States:-

77 Duty to give information to debtor under fixed-sum credit agreement.E+W+S+N.I.
(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a)the total sum paid under the agreement by the debtor;
(b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
(3)Subsection (1) does not apply to—
(a)an agreement under which no sum is, or will or may become, payable by the debtor, or
(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
(4)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement; F2. . .
(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)This section does not apply to a non-commercial agreement.


6. The Claimant has failed to comply with section 77(1)The Consumer Credit Act 1974 and by virtue section 77(4) The Consumer Credit Act 1974 cannot enforce the agreement.
7. On xxxxxxxx I wrote to the claimant solicitors, BW Legal, requesting the personal loan agreement, Notice of Assignment and Default notice under CPR 31.14, as no track had been allocated to the case. (Exhibit C)O
8.On the xxxxxxxx I received a letter from the claimant solicitors, BW Legal, stating that they had received my request under CPR 31.14 and had referred the request to their client. No documentation has been received.
9..On my directions questionnaire I stated that I would be happy for mediation in this matter. When I contacted the mediation team, xxxxx asked if I had received any documentation from the claimants. She said as I had no documents, then mediation was not available and it would be sent to my local County Court.1
10. I also believe that in the date the claim was issued the alleged debt was statute barred under the provisions of the Limitations Act 1980. This has been checked on the defendants Credit Reference File in xxxxxx xxxx, which would show any outstanding debts or default notices. (exhibit D)

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Could someone please have a look at my witness statement and see if it is ok

Thanks

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Reading now.

nem

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Hi,

Points:

Full name and address at the top of the statement. Judges have expressed annoyance when this is not done.
Double space between para's to make it easier to read. Especially para #5.

The fact that a debt/account has been removed from CRA files only indicates that 6 years have elapsed since the default date. You must be sure that no payments and/or written acknowledgments have been made at any time and to any party.
Otherwise fine.

nem

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Name and address removed from post on here - will make sure it is spaced better before sending!

No written acknowledgement from me and no payments to any party.

Thanks

[nemesis45]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Name and address removed from post on here - will make sure it is spaced better before sending!

No written acknowledgement from me and no payments to any party.

Thanks

Excellent, in that case I would not mention the CRA report in the defence, just the fact
that you believe the debt is statute barred leaves less for BW to hit on.

nem

- - - Updated - - -

Name and address removed from post on here - will make sure it is spaced better before sending!

No written acknowledgement from me and no payments to any party.

Thanks

Excellent, in that case I would not mention the CRA report in the defence, just the fact
that you believe the debt is statute barred leaves less for BW to hit on.

nem

[FlamingParrot]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

A few comments about the actual content of the witness statement.

I would move up the reference to the debt being statute barred since that is an absolute defence and more significant that non-compliance with document requests. I would also say that there haven't been any payments or acknowledgment of the debt since xxxx month 20xx (whenever you last paid or acknowledged).

A witness statement is your own account of the facts rather than a statement of the law. It's fair enough to say they have not complied with your request under s.77 of the CCA but I would take out the bits you have clearly copied and pasted from the legislation site (cross-references and all). You could just summarise it as "It is my understanding that, as per s.77(4)(a), a creditor cannot enforce the agreement while the default continues" rather than quoting the whole thing which looks very obviously copied and pasted.

With regards to form, an example WS can be seen here. The wording relates to a different matter but you can get an idea of the way it should be formatted: http://docs.google.com/viewerng/view...sstatement.pdf

Note that it should end with a Statement of Truth.

[ajb2001]

Re: Court claim - BW legal and Lowell Portfolio 1 Ltd

Thanks for your help.......witness statement on way!