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

im glad it's not just me who thought it made no sense, thought I was just being stupid and I'm not overly clued up with legal stuff but even I can tell that it made for bad reading.

[nemesis45]

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

im glad it's not just me who thought it made no sense, thought I was just being stupid and I'm not overly clued up with legal stuff but even I can tell that it made for bad reading.

You were spot on!!

nem

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im glad it's not just me who thought it made no sense, thought I was just being stupid and I'm not overly clued up with legal stuff but even I can tell that it made for bad reading.

You were spot on!!

nem

[FlamingParrot]

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

im glad it's not just me who thought it made no sense, thought I was just being stupid and I'm not overly clued up with legal stuff but even I can tell that it made for bad reading.

Apart from not making sense, it doesn't comply with the requirements for a WS. According to the PD 32 of the CPR, a WS has to indicate where the witness got their statements from: https://www.justice.gov.uk/courts/pr...part32#witness

18.2 A witness statement must indicate:
(1) which of the statements in it are made from the witness’s own knowledge and which are matters of information or belief, and
(2) the source for any matters of information or belief.

Highly unlikely that said 'witness' would have a clue how she knows what a creditor's policy would have been when people apply for credit to start with.

This is an interesting article: http://www.dentons.com/en/insights/a...erary-flourish

Andrew Smith J in his recent judgment in Kaupthing Singer & Friedlander Ltd (in administration) v. UBS AG [2014] EWHC 2450 (Comm) is not the first judge to complain of overly long witness statements. High Court judges have been heard to remark on witness statements which have been lovingly crafted like novels by lawyers (sometimes on a War and Peace scale) rather than being factual narratives in the witness's own words.

Although that paralegal's WS can hardly be considered 'lovingly crafted', it tries to go along the same lines in terms of not being a factual narrative.

There's more interesting reading regarding WS here: https://civillitigationbrief.wordpre...come-to-grief/

“Matters of that sort should not be in any witness statement, and I do not think that there is any encouragement to make submissions in witness statements in the Commercial Court or in any other court.”
The Judge was then met with an argument that the legal arguments would have to be put somewhere – either in the witness statement or the skeleton argument. The Judge was less than sympathetic to this argument:
“I have to read it twice and it wastes time, and it is inappropriate in a witness statement. He should not make submissions and neither should he make extensive reference to documents. A witness statement is a written statement signed by a person who gives evidence, and only evidence ….”
It was argued that there was a distinction between witness statements for “interlocutory proceedings”. Again this submission did not find favour with the Court.
“Witness statements are not the place for argument. It means you have to read everything twice…. A lot of it is tendentious comment which is bound up with fact. I think this witness statement is an example of what a witness statement should not be whether in the Commercial Court or anything else. It is a tendentious advocate’s document. I am minded to disallow the cost of it actually.”

[baby_bernie88]

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

Sent a letter to the courts, Lowell and bc stating I won't be submitting any extra evidence etc.so I guess now I just wait till my court date which is the 3rd August.

[FlamingParrot]

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

Sent a letter to the courts, Lowell and bc stating I won't be submitting any extra evidence etc.so I guess now I just wait till my court date which is the 3rd August.

Best of luck! ray: ray: ray: ray: ray: ray:

Will be interesting to see if someone actually turns up, maybe Mr Carter will send the paralegal who wrote that WS, will be interesting to see the judge's face when he reads that! opcorn:

[baby_bernie88]

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

The judge awarded it to Lowell, so I have to pay the original £800 off plus interest and £200 for costs so just over £1000 in total.

he said he had to make his judgement on the evidence that was in front of him and said it was more probable that the statements that Lowell submitted were correct.
He asked what my thoughts were on the witness statement so said I don't agree with it and that it was based on what should have happened about this case and not what has definitely happened with the case and then he said that those are just my feelings about it and that that was irrelevant...so why did he ask me if what I thought about it if it was irrelevant!!

Gutted to say the least, finally started to get my finances in check and was nearly debt free and this is a massive set back.

[Amethyst]

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

Sorry to hear that baby_bernie. I don't know much about your case but it's always irritating when you aren't listened to. You will now need to get in touch with the claimants and arrange payment - if you can pay the whole lot within 28 days you won't have the CCJ registered against you, if not you will need to come to an agreement with them about a installment arrangement.