Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Recieved my directions questionaire from the courts today, I filled it in saying yes to mediation, yes to small claims and filled the rest accordingly.
I have just sent it off, so will wait to hear back from mediation and the courts soon and will update once they have contacted me and let you know how it went.
cheers

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Recieved a letter from BC today, it was a copy of claimants directions questionnaire.
im still waiting to hear anything from the court and haven't had a call from mediation yet either.
im guessing I still just continue to wait till mediation call?

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Had my call from mediation and it basically went...
Them: "are you happy you have received all the documents and feel you want to make a settlement outside of court".
me: "no"
them: "ok, the. We will pass it onto your local court."
me: "thanks"

so just gonna wait to get my letter with my court date.

[FlamingParrot]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

That's OK, ticking the mediation box makes you look reasonable and willing to co-operate.

Job done. :thumb:

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

It's been just over 3 weeks since my mediation call and I recieved a letter about a week after saying it was being referred to my local court but iv still not heard anything, would it be a good idea to call my local court to get a status update about the case?
Cheers

[nemesis45]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

It's been just over 3 weeks since my mediation call and I recieved a letter about a week after saying it was being referred to my local court but iv still not heard anything, would it be a good idea to call my local court to get a status update about the case?
Cheers

Yes a good idea to check.

nem

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Called the courts today as I still hadn't recieved anything from my local court reguarding my case and they said the directions were sent out yesterday and iv got a court hearing date for 3rd August.
So what do I do from here now, iv read in other threads I about preparing a witness statement, should I be doing this now.
many thanks

[nemesis45]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Yes get prepared.

nem

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Hi can someone have a read through my witness statement so far, not really sure if im on the right track or where to go from there.

I XXXXXXXXXXX of XXXXXXXXXXXXXXXXXXXXX being the Defendant in this case will state as follows;

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

2. On 21/01/2015 I received a Letter from the county court business centre requested from the claimant Lowell Portfolio I LTD, Ellington House, 9 Savannah Way, Leeds, LS10 1AB for an alleged outstanding debt to Lloyds Bank for £963.08.

3. The account number detailed in the particulars of claim is not an account number I recognize or am able to identify from my own records

3. On 23/01/2015 I made a written request to the Claimant solicitors, Bryan Carter Solicitors LLP of 11 De Havilland Drive, Weybridge, Surry, KT13 0YP requesting that the they provide copies of all documentation mentioned in the statement of case under CPR 31.14 and this was sent on 24/01/2015 by Royal Mail signed for.[EXHIBIT A]

4. On the 23/01/2015 I sent a formal request for a copy of the original agreement to pursuant to Lowell Portfolio I LTD, Ellington House, 9 Savannah Way, Leeds, LS10 1AB section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee postal order and this was sent also sent on 24/01/2015 by Royal Mail signed for.[EXHIBIT B]

5 .On 03/02/2015 I received a letter from Bryan Carter, they did not comply with the CPR 31.14 and did not provide any documents as requested. I have to date never received any correspondence back from the claimant regarding the CCA request, which means that they have currently not complied with my request

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

this is what I have so far, if someone doesn't mind checking it out for me please. thanks in advance

I XXXXXXXXXXXXX of XXXXXXXXXXXXXXXXXXx being the Defendant in this case will state as follows;

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

2. On 21/01/2015 I received a Letter from the county court business centre requested from the claimant Lowell Portfolio I LTD, Ellington House, 9 Savannah Way, Leeds, LS10 1AB for an alleged outstanding debt to Lloyds Bank for £963.08.

3. The account number detailed in the particulars of claim is not an account number I recognize or am able to identify from my own records

3. On 23/01/2015 I made a written request to the Claimant solicitors, Bryan Carter Solicitors LLP of 11 De Havilland Drive, Weybridge, Surry, KT13 0YP requesting that the they provide copies of all documentation mentioned in the statement of case under CPR 31.14 and this was sent on 24/01/2015 by Royal Mail signed for.[EXHIBIT A]

4. On the 23/01/2015 I sent a formal request letter [EXHIBIT B] for a copy of the original agreement to pursuant to Lowell Portfolio I LTD, Ellington House, 9 Savannah Way, Leeds, LS10 1AB section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee postal order and this was sent also sent on 24/01/2015 by Royal Mail signed for.

5 .On 03/02/2015 I received a letter from Bryan Carter [EXHIBIT C] they did not comply with the CPR 31.14 and did not provide any documents as requested. I have to date never received any correspondence back from the claimant regarding the CCA request, which means that they have currently not complied with my request.

4: On 03/02/201I sent a letter [EXHIBIT D] to Bryan Carter stating that they had not complied to the request and re-requested they send documents regarding the claim. This was sent 03/02/2015 by Royal mail signed for.

5: On 06/02/2015 I received a letter from Bryan Carter [EXHIBIT E] they have not further complied with my request and have not supplied me with any documents.

6: The Claimant states the account was assigned on 03/07/2013. I have not received notice of this allocation as required under section 82A of the Consumer Credit Act 1974 and the claimant has shown no evidence are entitled to enforce any debt due under the agreement

7: I require inspection of these documents

1. The agreement
2. The notice of assignment
3. The default notice

8: In essence, the Claim is extremely vague, no documents have been produced to evidence the claim, and I am left disadvantaged by being unable to enter a fully pleaded defence or admission to the Claimant's claim.

9: I respectfully request the Court orders production for inspection of documents on which the Claimant intends to rely in this case, and allow me, as Defendant, to amend my Defence at the Claimant's cost.

10: Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

Statement of Truth

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

[nemesis45]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

this is what I have so far, if someone doesn't mind checking it out for me please. thanks in advance

I XXXXXXXXXXXXX of XXXXXXXXXXXXXXXXXXx being the Defendant in this case will state as follows;

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

2. On 21/01/2015 I received a Letter from the county court business centre requested from the claimant Lowell Portfolio I LTD, Ellington House, 9 Savannah Way, Leeds, LS10 1AB for an alleged outstanding debt to Lloyds Bank for £963.08.

3. The account number detailed in the particulars of claim is not an account number I recognize or am able to identify from my own records

3. On 23/01/2015 I made a written request to the Claimant solicitors, Bryan Carter Solicitors LLP of 11 De Havilland Drive, Weybridge, Surry, KT13 0YP requesting that the they provide copies of all documentation mentioned in the statement of case under CPR 31.14 and this was sent on 24/01/2015 by Royal Mail signed for.[EXHIBIT A]

4. On the 23/01/2015 I sent a formal request letter [EXHIBIT B] for a copy of the original agreement to pursuant to Lowell Portfolio I LTD, Ellington House, 9 Savannah Way, Leeds, LS10 1AB section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee postal order and this was sent also sent on 24/01/2015 by Royal Mail signed for.

5 .On 03/02/2015 I received a letter from Bryan Carter [EXHIBIT C] they did not comply with the CPR 31.14 and did not provide any documents as requested.****** I have to date never received any correspondence back from the claimant regarding the CCA request, which means that they have currently not complied with my request.****** put this part as 4(a) State Lowell has failed to comply with my CCA request and is therefore unable to enforce the debt ( it's entirely separate from CPR 31.14.

Keep all references to CPR and CCA request in order: e.g. CCa request sent on etc.
To date Lowell has failed to comply etc.

4: On 03/02/201I sent a letter [EXHIBIT D] to Bryan Carter stating that they had not complied to the request and re-requested they send documents regarding the claim. This was sent 03/02/2015 by Royal mail signed for.

5: On 06/02/2015 I received a letter from Bryan Carter [EXHIBIT E] they have not further complied with my request and have not supplied me with any documents.

6: The Claimant states the account was assigned on 03/07/2013. I have not received notice of this allocation as required under section 82A of the Consumer Credit Act 1974 and the claimant has shown no evidence are entitled to enforce any debt due under the agreement

7: I require inspection of these documents

1. The agreement
2. The notice of assignment
3. The default notice
4. I ask the court to order the claimant to order disclosure of these documents within 7days or the

claim be struck out.


8: In essence, the Claim is extremely vague, no documents have been produced to evidence the claim, and I am left disadvantaged by being unable to enter a fully pleaded defence or admission to the Claimant's claim.

9: I respectfully request the Court orders production for inspection of documents on which the Claimant intends to rely in this case, and allow me, as Defendant, to amend my Defence at the Claimant's cost.

10: Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

Statement of Truth

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

Ok don't forget your full name and address at the top of the WS.

Amendments suggested

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

So I received the witness statement and evidence they are relying on to use in court. and amongst it is statements from Lloyds bank apparently, I will attach copies if someone can take a look.

[nemesis45]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

So I received the witness statement and evidence they are relying on to use in court. and amongst it is statements from Lloyds bank apparently, I will attach copies if someone can take a look.

Ok statements alone are not going to help their case, many DCA's/Debt purchasers are trying this on lately.

nem

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Ok, also amongst the statements there are 2 letters one saying lloyds have sold the debt to Lowell and the other saying they bought the debt, both were dated 25 July 2013 but the address they sent it to I had moved out of over a year ago so never received those letters.
I also received a letter from the court saying it is ordered that unless the claimant by 14th July file and serve documents etc the claim will be struck out. It goes on to say if a party has filed witness statements etc by the date stated to notify the court and other parties in writing that no other evidence is to be used, would it be worth me trying to get proof that I didn't live at the address the times those letters were sent and if not do I still need to send letters to all confirming that everything I've submitted so far is all I'm relying on in court.
bryan Carter have also said in their witness cover letter that Lowell aren't going to be showing up in court anyway

[nemesis45]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Ok, also amongst the statements there are 2 letters one saying lloyds have sold the debt to Lowell and the other saying they bought the debt, both were dated 25 July 2013 but the address they sent it to I had moved out of over a year ago so never received those letters.
I also received a letter from the court saying it is ordered that unless the claimant by 14th July file and serve documents etc the claim will be struck out. It goes on to say if a party has filed witness statements etc by the date stated to notify the court and other parties in writing that no other evidence is to be used, would it be worth me trying to get proof that I didn't live at the address the times those letters were sent and if not do I still need to send letters to all confirming that everything I've submitted so far is all I'm relying on in court.
bryan Carter have also said in their witness cover letter that Lowell aren't going to be showing up in court anyway

Can we see the full Lowell Witness Statement please?

nem