Court Caste Lowell/Bryan Carter - Worried sick

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I've just read that with an N244 the application to set aside has to be given if there are grounds to believe that the defendant has a solid defence. Can someone please confirm that for me? I'm going out of my mind here!

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Spoke to the court. Basically I have 2 options.

I can write to the district judge and he can make a recommendation but there's no guaranteeing the timeframe that he'll do this in; i could end up in a position where BC/Lowell could enforce the judgment.

Alternatively I could file to set-aside, but I'm not sure what I need to do for that. If anyone has advice or info on filling N244 I'd love it if you could let me know,

[Amethyst]

Re: Court Caste Lowell/Bryan Carter - Worried sick

It is usually 14 days before, and it SHOULD be in the hearing notice ( usually on the second page hidden in lots of text) - and yes likely it was 17h Sept so Lowell would have been late too.

Definitely ring the court and tell them you didn't know about the witness statement and didn't have any notice that you needed to do one, but you put one in on the 25th September by hand, after you'd received one from Lowell on the 18th. Worth a shot speaking to them xxxxxxx

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I'll be honest, I'm not sure. The only letter I have from the court is one saying that our court case was due to be heard on the 1st October. Seriously, I'm so messed up with all of this. I'm actually sobbing. I thought I had a great case. I've just been reading that documents like this should be exchanged 2 weeks before the court hearing but I've never had a deadline for it. I swear on my life!!

Even if it's 2 weeks before, I never got BC's statement until the 18th September which brings it under the 2 weeks.

Can I get this set aside? I'm reading that in cases where someone can show they have a chance of defending a claim they can still apply for a set aside even if documents are served out of time

I'm so annoyed that this scum can get away with this.

[Amethyst]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Call the court and ask them about your witness statement. You put it in on the 25th ? When was it actually due ? Their letter is dated 25th so might be fixable.

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

The game is up. I received a default judgement because they said I never filed my Witness Statement on time. I've attached the letter

Can I argue this?

Can I do anything at all? Should I still go to court in the morning.

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Hi Guys

My big day is approaching. I was hoping that at the last minute I'd get a letter of discontinuation but no such joy; It seems BC are keen to pursue this into the courtroom. I just wanted to go over some things I'm using in defence before I attend

Failure to comply with CCA Request

As I've said in my initial defence and in my witness statement, I filed a CCA request with Lowell on the 26th January 2015 which to this date I have had no response. As I've said, proving I've sent this might prove difficult however, I've got the original letter and a print out of the file data to show when it was created and modified so hopefully the judge will determine this was sent/delivered on the balance of probability, (after all, DN's and NoA's are not sent recorded either), so this is my primary defence on the basis that the failure to comply with this renders the claim unenforceable. There are some questions though:

1) When making a claim of this nature, even electronically, would Lowell/BC not be required to eventually present these documents to support their claim anyway? No documentation has been sent other than a supposed statement of account that says nothing really and some purported copies of NoA's from the original creditor and Lowell, both dated the 15th October.

2) My initial defence states that I have not received the documentation I've requested and I asked the court to instruct that these documents be issued to proceed. Nothing has come of that either. Can BC simply say that they did not send documents on the grounds they're denying my CPR/CCA requests were made? Surely after reading my defence they should have sent the documents anyway, (not that they actually have them)

Particulars of Claim

There are discrepancies in the particulars of claim in the initial documentation.

1) The PoC claim that the account was assigned to them on or around the 11th October 2014. The witness statement says the 4th. That's a week but not what I'd call "on or around". They can't seem to get their facts straight.

2) The PoC fails to mention when the account was opened, when it defaulted etc. Is this not something that should be mentioned in a PoC? I understand from reading here and elsewhere that if it's mentioned in the PoC then they should provide documentation to support it. Is this why they've made a point of not mentioning it?

Discrepancies in the Witness Statement

I'm going to make a big deal out of the lack of default notice and Lowell/BC's inability to provide dates etc. All I can go on is what's in their witness statement which merely states the account "fell into default on the 2nd October 2013 and that a default notice would be sent at that time". Terminology here being fell into default and not actually defaulted. I want to push for breach of S87 CCA which renders any default invalid therefore making the claim invalid. Are there any other CCA sections that might apply to this.

Again, everyone, thanks for all of your help.

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

OK everybody. I've submitted the paperwork to the Court and sent a copy to BC . Thank You everyone for the help and advice. You have no idea how much I appreciate it

[Kafka]

Re: Court Caste Lowell/Bryan Carter - Worried sick

....

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Perfect everyone. Thank You all so much for your help. This is being hand delivered to the court today

[Berniethebolt]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Just a reminder
If anyone tries to suggest that a faulty DN is de minimus then you have case law on your side in Harrison v Link where it was decided that an error with a DN could not be dismissed as de minimus but had to be considered, I doesn't guarantee that the Judge has to rule in your favour over it, just that he or she must consider it

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

5. On the 26^th January 2015 I sent a formal request for the copy of the original agreement to the claimant [EXHIBIT B], pursuant to Sections [77-79] of the Consumer Credit Act 1974 along with a postal order for the statutory £1 fee.

Should just be s.78 of the...

6. I am still awaiting the claimant to comply with [S78(1) / S78 (6)] of the Consumer Credit Act 1974 and by virtue of [S78 (1) / S78 (6)] of the Consumer Credit Act 1974 cannot enforce the agreement until they have complied with requests for all pertinent documentation.

As below:
I am still awaiting the claimant to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) of the Consumer Credit Act 1974 cannot enforce the agreement until they have complied with requests for all pertinent documentation.

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I've ammended my post containing my WS to reflect the changes you have all suggested. Thanks again for your help.

[MIKE770]

Re: Court Caste Lowell/Bryan Carter - Worried sick

OK everyone this is, i think, my final WS - feedback appreciated



It the last 3 or 4 closing paragraphs I'm unsure on how to word.

Thanks again everyone for your advice.

Spacing needs opening too clumpt up!

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Double space your paragraphs before submitting the block of text in not easy to read it'll give the judge the hump!

nem