**DISCONTINUED***County Court Claim from Lowell/Bryan Carter re Lloyds

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

[MENTION=55034]nemesis45[/MENTION] any advice on what we should do? Time is getting short for us to submit paperwork. Thanks

[MIKE770]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

@Amethyst:

[Amethyst]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Just having a read back see if I can see your previous witness statement - have you had the agreement copy in the intervening period?

[Amethyst]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Ahh you never did one as it got struck out .... okay can you post your draft so far up pls. And let me know if anything has changed.... it doesn't sound like you've had anything but best to check xx

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

We have had nothing at all from lowell or their solicitors since 01/04/16. Nothing has changed. We still have no idea how they managed to get the claim reinstated!

Here is the draft of the witness statement:

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________



I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX 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 01/10/2015 I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

3. On 01/10/2015 , I contacted the Claimants xxxxxxxxxxxxx

4: On 09/10/15 I received a letter [EXHIBIT B] from the Claimants stating that this claim will mist properly be allocated to the small claims track as this is a simple contractual matter and Part 31 if the Civil Procedure Rules will therefore not apply.

5: All correspondence from the Claimant and their solicitors have been sent to a previous address, despite them having been given my current address 01/10/15 except for one single letter sent 01/04/2016 advising of a change of acting solicitors.

6: This claim was previously struck out 09/12/2016 due to the claimants ongoing failure to pay the hearing fee despite having been given a length extension for this. I have had no correspondence from the Claimant ir their solicitors during this process or since 01/04/2016

7: Therefore I believe the claimant has been purposely obstructive in the process of making this claim which is for a debt which I hold to be statute barred.


Statement of Truth

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


Signed: ________________________________

Dated:

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] please can you have a look at ghis as we really don't have long now to get this done. Thank you so much for your help so far ☺

[nemesis45]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

We have had nothing at all from lowell or their solicitors since 01/04/16. Nothing has changed. We still have no idea how they managed to get the claim reinstated!

Here is the draft of the witness statement:

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________



I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX 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 01/10/2015 I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

3. On 01/10/2015 , I contacted the Claimants xxxxxxxxxxxxx

4: On 09/10/15 I received a letter [EXHIBIT B] from the Claimants stating that this claim will mist properly be allocated to the small claims track as this is a simple contractual matter and Part 31 if the Civil Procedure Rules will therefore not apply.

5: All correspondence from the Claimant and their solicitors have been sent to a previous address, despite them having been given my current address 01/10/15 except for one single letter sent 01/04/2016 advising of a change of acting solicitors.

6: This claim was previously struck out 09/12/2016 due to the claimants ongoing failure to pay the hearing fee despite having been given a length extension for this. I have had no correspondence from the Claimant ir their solicitors during this process or since 01/04/2016

7: Therefore I believe the claimant has been purposely obstructive in the process of making this claim which is for a debt which I hold to be statute barred.


Statement of Truth

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


Signed: ________________________________

Dated:

Hi not been around for a while I'll read through your WS and get back to you.

nem

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

So... we just got an email from Lowell offering a settlement for £2500. Looking at the records they have finally provided it shows the last payment in April 2009, with the only activity since then showing "CCD rebate". It seems that this proves the debt is statute barred... unless I'm misunderstanding.... any advice?

[Amethyst]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Sounds as though they are on the back foot - that's a hefty discount ( claim was £6k ?) - is the CCD rebate after Sept 2009 ?

The claim was issued September 2015 wasn't it, so if your last payment was April 2009 you should be okay on the statute barred front - the debt was originally a Loan - so there is likely to be a 2/3 month period before the terms allowed them to recall the entire debt, but even if they did argue that, it shouldn't take you to September.

Your original defence pleaded statute barring didn't it?

I think a response to Lowell may be in order inviting them to withdraw their claim due to the Stat Barred nature of the claim, their behaviour since issuing the claim in 2015, and of course turning down their offer to settle at £2.5k.

[Amethyst]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Ahh what other records have they provided ? and was that in the same email or with their witness statement? Have they sent you their witness statement ?

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Yes, the ccd rebate was in January 2010. Would that impact on the statute barred status? Our defence was the statue barring as we were fairly sure it was. We will try to put together a response to Lowell ad see what happens! Still working on the witness statement just in case though... just waiting on some feedback on that lol

- - - Updated - - -

They haven't sent a witness statement. They have sent payment records, a summary of account and a notice of assignment.

[nemesis45]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

So... we just got an email from Lowell offering a settlement for £2500. Looking at the records they have finally provided it shows the last payment in April 2009, with the only activity since then showing "CCD rebate". It seems that this proves the debt is statute barred... unless I'm misunderstanding.... any advice?

Hello Titania

Provided there has been no other payments or written acknowledgments in that 6 year period the debt is possibly stat barred But when was the account defaulted, Lowell will claim that the date of default would have started the relevant 6 year period.

nem

[Titania1980]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Just double checked and it shows the last successful payment they took was actually November 2008!!

- - - Updated - - -
[MENTION=55034]nemesis45[/MENTION] default date is showing June 2009

[Amethyst]

Re: County Court Claim from Lowell/Bryan Carter re Lloyds

Yes, the ccd rebate was in January 2010. Would that impact on the statute barred status? Our defence was the statue barring as we were fairly sure it was. We will try to put together a response to Lowell ad see what happens! Still working on the witness statement just in case though... just waiting on some feedback on that lol

- - - Updated - - -

They haven't sent a witness statement. They have sent payment records, a summary of account and a notice of assignment.

Okay I'll have a look over what you've got so far - do you know the default date on the account ? Is it still on your credit file ( just as an idea for when it might have defaulted )

No agreement yet either?