Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Previous question from Amethyst my defense is that there was no documents that Carter and know I have 13 days to the Court hearing.

[nemesis45]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Previous question from Amethyst my defense is that there was no documents that Carter and know I have 13 days to the Court hearing.

What if anything have you sent to the court/Carter?

nem

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

I have sent my Witness Statement and the evidence documents previous letters they have sent to me saying they have not complied CCA and CPR.31 and have sent nothing to me. Was this this ok this first time for me so please need all the help i can get thank you.

[Amethyst]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Your defence was entered before the documents were supplied.

Now you have the documents you have to reassess your position and consider whether there are any major breaches or arguments for defending the claim, or decide if you would be better off negotiating a settlement under a tomlin order and avoiding a CCJ.

However if the settlement can only be £1 a month by virtue of your financial circumstances, it is unlikely a tomlin order will be agreeable and you will need to ask court to set the payments.

What did you send as a Witness Statement ?

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

This what I sent to Court and Carter..



IN THE COUNTY COURT AT XXXXXXXXXX
Claim No. XXXXXXXXX

BETWEEN:
LOWELL PORTFOLIO I LTD Claimant

- And –

MISS YASMIN HUSSAIN Defendant




WITNESS STATEMENT OF MISS YASMIN HUSSAIN



I, YASMIN HUSSAIN of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 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 the 16^TH MAY 2015, I received a claim from the county court business centre, Northampton, for the amount of £401.69.

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that this claim is being for debts arising from consumer credit act 1974 agreements, the claimant is an assignee of the following debts, notice of the assignment having been given to the defendant in writing. Halifax credit card account no.xxxxxxxxxxxxxx £401.69 despite demands for payment, the above sums remain due. The claimant therefore claims the sum of £433.81 interest under s.69 county courts act 1984 and costs.

5. On the 18^th May 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under civil procedure rule 31.14 to the claimants solicitors [EXHIBIT A]


6. On the 18^th May 2015, I made a formal written request to the claimant for them to provide me with a copy of my consumer credit agreement as entitled to do so under sections 77-79 of the consumer credit act 1974 along with the statutory £1 fee [EXHIBIT B]

7. On the 20^th May 2015, the claimant’s solicitors replied to my written request without the requested documents [EXHIBIT C]

8. On the 29^th May 2015, I received a reply from the claimant without the requested documents [EXHIBIT D]


9. On the 1^st June 2015, I received a letter from the claimant that they have not been able to provide me with the requested information within the relevant time period and state that the account is unenforceable and they’re not permitted to obtain judgment or decree in court [EXHIBIT E]

10. The claimant has mentioned the credit agreement, the assignment in its statement of case and yet it has provided only the assignment despite my entitlement to inspect these documents.

11. To date I’ve not received a copy of the consumer credit agreement, therefore I’m unable to accurately identify as to what the claim refers.

Statement of Truth

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


Signed: _____________________________


Dated:_______________________________
.

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Can I point out Carter send the WS & Evidence just now before the 14 day before court hearing, I did not have enough time to think and I got everything I had done the WS & Evidence and send to court so you can imagine I have been rushed off my feet.

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Hi
Can anyone help with what my defense where do i stand now with Carters.

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

hello ANy Advise in what to do now before the hearing in 13 days time what are my chances now..please Any Advise.

[Kati]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

I'm sure [MENTION=55034]nemesis45[/MENTION] will be back soon ... please try not to worry

[nemesis45]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

hello ANy Advise in what to do now before the hearing in 13 days time what are my chances now..please Any Advise.

I've has no internet since 1930 last night I'll catch up soon.
nem

[nemesis45]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Good morning Yasmin,

Just for clarity please.

1. You have filed a defence based on the failure to comply with a CCA request?

2. You have filed a Witness Statement before seeing Carters WS?

3. 4. You have now received a CCA from Lowell, @Amethyst has said is compliant and
I can't disagree with this.

4. Lowell has supplied a statement showing you have made payments of £1 to them over a period of time.

5, 4 above will convince a judge that liability subsists.

I agree with @Amethyst you need to ask the court to set payments at £1.00 per month.
Alternatively consider asking that the payment are secured by a Consent (Tomlin Order)
and no CCJ will be recorded.
There is a But to this, remember if you fail to maintain the Tomlin order the claimant can immediately
apply for summary judgement against you.
In my opinion after rereading over a 100 posts there is no reasonable prospect of your defence succeeding.
I hope @Amethyst will take another look.

nem

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Morning,

No.2 I saw Carters WS Frist then I did my WS.
No.3 The CCA is not original one It looks like generated one with just a previous address on it.
No.4 payment were made but showing no bank account number

Also i like to point out is that they have not produced a 'Default Notices' just the 'Notices of Assignment' does this effect my case at all.

[Amethyst]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Witness statements are meant to be exchanged so they aren't replies to each other so that was right to do just unfortunate that the documents were supplied. I haven't seen the full CCA though, but you want to be checking things like the address is the one you lived at when the account was opened, the interest rate is the correct interest rate at the time you opened the account and so on. Any points that diminsh the probability that this was the agreement agreed to when the account was opened. The default notice is still required.

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

Thank you for you quick reply I dont remember opening this account in 2008 thats what Carter have said..on the CCA the address is a previous address i do recognizes I lived for 9 months 2009/2010 ..but Carter are saying this account was opened in 2008 but I never lived at the address in 2008? Also on this CCA they have produced there is no date?? so there are lot of holes here.

[yhussain0786]

Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

I will take my chance its 12 days to my hearing so I wait for the outcome and I defo want to avoid a CCJ so that would be other option like Amethsty says ..but at the end day I have given it everything I got its up to the Judge what he sees and I want to thank everyone here who has guided me and advised me this is first for me but lesson learned and no mater what the outcome thank you for helping me through this very difficult months. I will update you if anything new happens.