**DISMISSED** Bryan carter / Lowell / shop direct / county court proposed allocation

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

Am I now waiting for the judge to set a date??

Do I now wait for the court to send forms out and then update my defence as I have not received the CCA from Lowell??


regards

The court will send you all the necessary instructions.

nem

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

thank you for that, I didn't want to do what Lowell/carter are hoping for and make a mistake with the procedure / paper work.

regards

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

thank you for that, I didn't want to do what Lowell/carter are hoping for and make a mistake with the procedure / paper work.

regards

OK!!

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

hi all,

I have now had a letter from court "Notice of Allocation to the Small Claims Track (Hearing)".

In this letter (as you may already know) it gives me the time and date for the hearing and also tells me:

The parties shall serve on each other and file at the Court by 21/12/15
a) written statements of evidence of any witness (including the statement of the parties themselves) whose
evidence is to be relied upon.
b) copies of documents relied upon.
The original document shall be brought to the hearing.

Parties should note that the court might not take account of a document or witness's evidence if the document,
statement or report has not been served.


Is this when I need to update my defence, I have still not received anything back from Lowell regarding the CCA request.

Also I received an other call from mediation today to see if I had received the documents I requested from Lowell, I told them no I had not.

please could someone advise me on my next step.

thanks in advance for all your help and guidance on this matter, it really is appreciated.

[Amethyst]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

Well your next step is to see if anything turns up from the claimants - agreement etc - and put together your witness statement ( although I'd leave that until a week before it is due in in case something does appear or they discontinue in the meantime). There's a few witness statement examples around ( http://www.legalbeagles.info/forums/...ness-Statement for instance ) to give you a starting point.

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

hi all,

today is 18/12/15 and on the letter I received from the local county court it states
"The parties shall serve on each other and file at court by 21/12/15
a) written statements of evidence of any witness (including the statement of the parties themselves) whose
evidence is to be relied upon.
b) copies of documents relied upon.
The original document shall be brought to the hearing."

I have not received my requested CCA from Lowell, and neither have I received a witness statement. I don't even know if they have paid the £80.00 hearing fee which was due 7/12/15. Is this normal for them to do this??

I guess its time for me to do my witness statement, do I keep it simple and just state I requested a copy of the CCA and have never received one??

regards

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

would this be a good witness statement. I have copied parts from various other statements from the forum, I hope this ok??

IN THE xxxxxxxxxxxxxx COUNTY COURT
Claim No. xxxxxx

BETWEEN:
Lowell Portfolio I LTD
Claimant
- and –
Defendant
xxxxxx
_________________________________

WITNESS STATEMENT OF xxxxxx
_________________________________



I xxxxxxxx being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in the claim. Thematters set out below are within my own knowledge, except where I indicate tothe contrary.

2. This claim is for a running credit agreement regulated under the ConsumerCredit Act 1974. I do not recall signingany credit agreement and do not hold a copy of the agreement or terms of thatagreement. The original account was opened with a company called 'Shop direct'.

3. On xxxxxxxxxx I made a written request to the Claimants for a truecopy of the consumer credit agreement as is my entitlement under s.78(1) of theConsumer Credit Act 1974.I enclosed payment of £1. [EXHIBITS A, B andC].


4. Consumer Credit Act s.78(1) states
Duty to give information to debtor under running-account credit agreement.(1)Thecreditor under a regulated agreement for running-account credit, within theprescribed period after receiving a request in writing to that effect from thedebtor and payment of a fee of £1, shall give the debtor a copy of the executedagreement (if any) and of any other document referred to in it, together with astatement signed by or on behalf of the creditor showing, according to theinformation to which it is practicable for him to refer,—

(a)the state of the account, and
(b)the amount, if any currently payable under the agreement by the debtor tothe creditor, and
(c)the amounts and due dates of any payments which, if the debtor does not drawfurther on the account, will later become payable under the agreement by thedebtor to the creditor.


5. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce theagreement.

6. Consumer Credit Act s.78(6) states;
(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;


7. The Claimant has not complied with my formal request for the CreditAgreement under s.78(1) and therefore is unable to enforce the debt at thistime.



Statement of Truth

I, xxxxxx, the Defendant, believe the facts stated within this Witness Statementto be true.


Signed: ________________________________

Dated:

[Kati]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

:bump: for @nemesis45 and @Amethyst ...

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

i have bit the bullet and sent the above off to court and carters. fingers crossed its good enough.

thanks

[Amethyst]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

That does sound absolutely fine. Without any documents it's a bit difficult to expand any further.

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

Good evening, that's fine.
nem

.

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

That does sound absolutely fine. Without any documents it's a bit difficult to expand any further.

i included copies of my original CCA request letter to Lowell and copies of the postal order receipt and special delivery receipt.

i feel better now knowing the statement was good enough, thank you. :santa_smiley:

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

i included copies of my original CCA request letter to Lowell and copies of the postal order receipt and special delivery receipt.

i feel better now knowing the statement was good enough, thank you. :santa_smiley:

Yes it was well done.!!
nem:santa2:

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

carter has filed his witness statement today, in the statement is a copy of the CCA signed and dated (but not by me, my signature is totally different), it has what I will call address no.1 (my home address at the time).
there is also a account summary, a notice of assignment letter, and a letter from Lowell.
The two letters are dated august 2010 and addressed to me at, what I will call address no.2 (my parents house).

address no.1 was my home address until 2012
address no.2 is my parents address, this address is now being used to communicate with carters, court etc. but why would they have sent the notice of assignment letter there if I was living at address no.1 . surely they should have only sent them to my home address which was mortgaged and in my name, the same address that I was on the electoral roll. have they made a mistake by sending them to the wrong address or is it possible these exhibited letters are fabricated???

Why did lowell not reply to my CCA request but carters have now included this in there statement??

regards, a n other

[Amethyst]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

The signature that is not your signature, is it in the position on the agreement where you would have signed, had you of signed it ? ( ie. it's not the creditors signature executing the agreement is it?)