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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.
OK everyone this is, i think, my final WS - feedback appreciated
CLAIM No: xxxxxxxx
IN THE COUNTY COURT AT xxxx
BETWEEN:
WITNESS STATEMENT OF IllustriousMuz
I, IllustriousMuz being the Defendant in this case make the following statement believing it to be true.
1. On the 26th January 2015, I received a claims form from the County Court Business Center, Northampton for the amount of £850.36.
2. There were no details about when the alleged default occurred.
3. The particular of claims fail to state when the agreement was entered into.
4. On 26th January 2015 I made a formal, written request to the Claimants solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of the case [EXHIBIT A], pursuant to Civil Procedure Rule 31.14
5. On the 26th 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.
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.
7. Civil Procedure Rule 34.15 requires documents are provided within 7 days from receipt of a written request. The claimant has failed to provide any of the documents I have requested.
8. Around the beginning of May 2015, I telephoned the Claimants solicitors to try and resolve matters. I mentioned the failure to comply with my requests for documentation to be told by the lady I was speaking to that they don’t respond to those requests on the grounds that the original creditor should have provided the information. They made no representation to me that they had not received the requests but were simply ignoring them.
9. On the 18th September 2015 I received a Witness Statement from the Claimants solicitors.
10. The Claimants Witness Statement denies having received any documentation from me. This is the first time that I have been made aware of this despite speaking on the telephone to the Claimants solicitors.
11. The Claimants Witness Statement contains a purported Notice of Assignment, dated 15th October 2013. This is the first time I have seen this document and deny receiving any such document.
12. The Claimants Witness Statement contains a purported letter from the original creditor, also dated 15th October 2013, notifying me of the assignment. This is the first time I have seen this document and deny receiving any such document.
13. The Claimants Witness Statement, Paragraph 6, declares that the account “Fell into default 2nd October 2013” and that “A default notice would have been sent to the defendant at the time”. I deny receiving a Default Notice.
14. The Claimants Witness Statement, Paragraph 7, declares “the debt was assigned to the claimant on or around 4th October 2013. However, under S87 of the Consumer Credit Act 1974, a default notice should be issued giving the debtor at least 14 days to remedy the breach from when the notice is served and cannot be assigned until the 14 days have elapsed.
15. 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 by providing pertinent documentation which has yet to be delivered to me.
16. The Defendant submits that the Claimant does not have a valid claim because the Claimant has failed to meet all obligations under Civil Protection Rule 16.5(4)
17. The Defendant submits that the Claimant does not have a valid claim because the Claimant has failed to comply with S78(1)/S78(6) of the Consumer Credit Act
18. The Defendant submits that the Claimant does not have a valid claim because the Claimant and the Original creditor have, by their own admission, breached S87 of the Consumer Credit Act by assigning the debt before any statutory default notice period has elapsed.
19. The Defendant requests that the Claimants claim be struck out.
IN THE COUNTY COURT AT xxxx
BETWEEN:
| LOWELL PORTFOLIO LIMITED | CLAIMAINT | |
| and | ||
| IllustriousMuz | DEFENDANT |
I, IllustriousMuz being the Defendant in this case make the following statement believing it to be true.
1. On the 26th January 2015, I received a claims form from the County Court Business Center, Northampton for the amount of £850.36.
2. There were no details about when the alleged default occurred.
3. The particular of claims fail to state when the agreement was entered into.
4. On 26th January 2015 I made a formal, written request to the Claimants solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of the case [EXHIBIT A], pursuant to Civil Procedure Rule 31.14
5. On the 26th 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.
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.
7. Civil Procedure Rule 34.15 requires documents are provided within 7 days from receipt of a written request. The claimant has failed to provide any of the documents I have requested.
8. Around the beginning of May 2015, I telephoned the Claimants solicitors to try and resolve matters. I mentioned the failure to comply with my requests for documentation to be told by the lady I was speaking to that they don’t respond to those requests on the grounds that the original creditor should have provided the information. They made no representation to me that they had not received the requests but were simply ignoring them.
9. On the 18th September 2015 I received a Witness Statement from the Claimants solicitors.
10. The Claimants Witness Statement denies having received any documentation from me. This is the first time that I have been made aware of this despite speaking on the telephone to the Claimants solicitors.
11. The Claimants Witness Statement contains a purported Notice of Assignment, dated 15th October 2013. This is the first time I have seen this document and deny receiving any such document.
12. The Claimants Witness Statement contains a purported letter from the original creditor, also dated 15th October 2013, notifying me of the assignment. This is the first time I have seen this document and deny receiving any such document.
13. The Claimants Witness Statement, Paragraph 6, declares that the account “Fell into default 2nd October 2013” and that “A default notice would have been sent to the defendant at the time”. I deny receiving a Default Notice.
14. The Claimants Witness Statement, Paragraph 7, declares “the debt was assigned to the claimant on or around 4th October 2013. However, under S87 of the Consumer Credit Act 1974, a default notice should be issued giving the debtor at least 14 days to remedy the breach from when the notice is served and cannot be assigned until the 14 days have elapsed.
15. 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 by providing pertinent documentation which has yet to be delivered to me.
16. The Defendant submits that the Claimant does not have a valid claim because the Claimant has failed to meet all obligations under Civil Protection Rule 16.5(4)
17. The Defendant submits that the Claimant does not have a valid claim because the Claimant has failed to comply with S78(1)/S78(6) of the Consumer Credit Act
18. The Defendant submits that the Claimant does not have a valid claim because the Claimant and the Original creditor have, by their own admission, breached S87 of the Consumer Credit Act by assigning the debt before any statutory default notice period has elapsed.
19. The Defendant requests that the Claimants claim be struck out.
Thanks again everyone for your advice.
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