Court Caste Lowell/Bryan Carter - Worried sick

[judgemental24]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Btian Carter likes it nice and easy. He hopes people do not defend (Head in sand) and gets a default judgement

He cares not one bit on correct procedure

[Berniethebolt]

Re: Court Caste Lowell/Bryan Carter - Worried sick

What about the metadata within the document showing when it was created altered etc. Remember you only have to prove you sent it on balance of probabilities.

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Nem if you are using a wireless device rather than a wired one the overlap of the channels may be the problem.

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

What about the metadata within the document showing when it was created altered etc. Remember you only have to prove you sent it on balance of probabilities

Well that would all show the letter was created in the timeframe I said it was. But how would I show this in my witness statement?

If a judge was willing to look at it on the balance of probability then I'd be more than happy to take a chance on that. I certainly feel a bit better looking at it like that!

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I'm also now slightly concerned that someone is reading this post who's been a member for years but has made no posts on contributions. I'm guessing BC have their people reading this forum

[judgemental24]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Do not worry about it even if true

Carter issues hundreads of these claims every week as a scatter gun approach. The balance of probablities state a percentage will be ignored so he gets judgement in default. He prostitutes his name to every scumbag DCA under the sun. I very much doubt he will link this particular case with an ongoing claim. More likely it is a Lowell employee at most so do not let it bother you.

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

That's good to know.

I'm going to draft a witness statement later and upload it here. I'm hoping I can get some feedback before I submit it to the court and to BC.

[Berniethebolt]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I have to be honest I have never been to a civil court but if you do a screen shot of the metadata you do not need to include it in your witness statement but have it in reserve. Maybe [MENTION=37786]FlamingParrot[/MENTION] or [MENTION=551]pt2537[/MENTION] can help

i.e Can you have evidence held back to show that you did send a CCA request should the claimant deny any knowledge

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I will have a copy of the letter on my laptop. But surely just adding that to my witness statement as evidence is useless without having the proof of postage/receipt? I'll add it anyway

You would think that the courts would say to BC that they should provide all required documentation including CCA if they're going to court

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My worry is the court date is in 10 days. That means that leaves them 4 extra. Hence why I thought I might get a stay on judgment.

I'm going to write my witness statement tonight. Any tips on what I should put in it?

Your WS is the " story " your case and supports your defence. I suggest you take a look at some threads with WS's on them it will give you a better idea of wording and content.
One important point is the heading.

Witness Statement of xxxxxxxxxxxxx your full name.
Your Full Address.
Claim No.
Between
Claimant Name

Defendant Your Name

Some judges are becoming very irritated if only Witness statement appears.

nem


Defendans

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Your WS is the " story " your case and supports your defence. I suggest you take a look at some threads with WS's on them it will give you a better idea of wording and content.
One important point is the heading.

Witness Statement of xxxxxxxxxxxxx your full name.
Your Full Address.
Claim No.
Between
Claimant Name

Defendant Your Name

Some judges are becoming very irritated if only Witness statement appears.

nem


Defendans

What else would I include? I planned on putting copies of the CPR/CCA requests in as supporting documents.

Reading the one BC sent, it seems like I have to say why the judge should throw out the case since they essentially are telling the judge to find in their favour

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

What else would I include? I planned on putting copies of the CPR/CCA requests in as supporting documents.

Reading the one BC sent, it seems like I have to say why the judge should throw out the case since they essentially are telling the judge to find in their favour

Correct! What you say in answer to their WS.

nem

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

What else would I include? I planned on putting copies of the CPR/CCA requests in as supporting documents.

Reading the one BC sent, it seems like I have to say why the judge should throw out the case since they essentially are telling the judge to find in their favour

Absolutely! The purpose of a WS is to be able to mention everything you've done so far and to include exhibits as appropriate. If you sent a CCA request and have the Word document on file, I'd just add the letter as an exhibit, without also mentioning the metadata. You could print that out just in case it comes in handy but producing a copy of the CCA request letter should suffice as evidence. The law only says you must pay a fee of £1, it doesn't say you must send the request recorded delivery. That is for your convenience. It would be going a bit too far if they were to state in court that the copy of the letter you sent isn't genuine, that you never sent the request and that's just a last minute fabrication. I know a case where the claimants did say something like that regarding a letter presented in evidence (not a CCA request), however, there was a reason for that in that particular case. :mmph:

You will find example witness statements here: http://www.legalbeagles.info/forums/...ness-Statement

Do post up your draft before sending it. :typing:

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

OK Everyone, I've had some wicked food poisoning the last couple of days so I've not really been doing much. I thought I'd post up here what my original defence was, that I filed on the 28th January at MCOL - I've possibly cocked up something on here but I was in such a tizzy. I think most of it is good though for the purposes of defending the claim. Here is my original defence submission

1. I received claim number xxxxxxxx on 26th January 2015.

2. Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.

3: The defendant does not know what this claim is in reference to
as the defendant does not recognise the account reference number.

4: The Claimants particulars of claim fails to give adequate
information to enable me to properly assess my position with
regards to the claim.

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

6. The Claimants statement of case states that the account was
assigned to Lowell Portfolio on the 11/10/2013. The Defendant does
not recall receiving notice of this assignment.

7. It is denied that Shop Direct served any Default notice on the
Defendant. The Claimant is required to prove that a compliant
Default Notice was served upon the Defendant.

8: I have sent a request for inspection of documents mentioned in
the claimant’s statement of case under Civil Procedure Rule 31.14
to Bryan Carter Solicitors.
I requested the Claimant provide copies of the:
a)The Agreement
b)The notice of assignment

9. I am still awaiting a response from Bryan Carter to this
request

10. I have sent a formal request for a copy of the original
agreement to Lowell Portfolio pursuant to sections [77 to
79] of the Consumer Credit Act 1974 along with the statutory £1
fee.

11. I am still awaiting the claimaing to comply with [s77 (1) / s
78 (1)]
Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)]
Consumer Credit Act 1974 cannot enforce the agreement until they
have complied.

12. 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.

13. I request that the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.

14. 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.

I am putting together a witness statement now, I will mention recent developments such as they have still failed to provide documentation that they must provide and attach copies as evidence to my WS. Is there anything else I should add? Is there I've cocked up on here?

Thanks again everyone for all of your help

[Illustrious]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Not exactly sure what's happened but for some reason, I was banned after posting that last message. It says no reason was specified and the ban will never be lifted? I did get a message saying my password needed to change and went to change it and this happened. This is making me feel awful poorly, you guys were literally the only help I could get!!

[Kati]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Not exactly sure what's happened but for some reason, I was banned after posting that last message. It says no reason was specified and the ban will never be lifted? I did get a message saying my password needed to change and went to change it and this happened. This is making me feel awful poorly, you guys were literally the only help I could get!!

I've no idea what happened either :sorry: (I've only just logged in again) ... but I've sorted it for you (http://www.legalbeagles.info/forums/...illustriousmuz)

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Thank You so much!!!