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

[a n other]

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

the signature is my name but it was not me who put the ink to paper. you can clearly see the name, where as my signature is just squiggles.

regards

[a n other]

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

hi all,
the case is in court 29 January and I don't know what I should do now they have provided the CCA, even though its not my signature on there its still a signature (its my name and it was more than likely done by my ex).
so do I
1. go to court and try to argue that it wasn't me who signed the document.
2. throw the towel in and pay the debt
3. try and do a deal with carters
4. suggestions welcome.

thanks

[Amethyst]

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

Ouch, well it really depends if you want to argue that it is NOT your signature and NOT your debt - but you have then an issue of why did you pay it from your bank... and does that mean you accepted responsibility for the agreement/had given permission to your ex to use the account etc/ Fraud by 'family' members is always difficult to deal with

There are the issues of course with the addresses on the default notice and assignment notice - you can send in a reply witness statement as theirs included the documents - really needs to go in at least 7 days before the hearing.

[a n other]

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

I think I will send a reply witness statement, how would I do the reply??
would I use my original statement editing the title to "reply witness statement" then add a bit to the end, or do I do a complete new one??

regards

[a n other]

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

:bump:
anyone please

[Amethyst]

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

Just do a whole new one and put in the first line that it is in response to the Witness Statement of xxxxxx dated xxxxxx.

[a n other]

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

I have started to do my response but I am a little stuck with what to put rules regs. etc.

address no. 1 was my home address up until 2012

address no. 2 is my parents address and where the correspondence is being sent to now.


IN THE xxxxx COUNTYCOURT
Claim No. xxxxxx

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

WITNESS STATEMENT OF xxxxxx
_________________________________



I xxxxxxx of xxxx address no. 2 xxxx being the Defendant in this case will state as follows;

1. I make this Witness Statement in response to the Witness Statement of xxxx dated xxxxx. The matters set outbelow are within my own knowledge, except where I indicate to the contrary.

2. In point 7 of the claimants Witness Statement it states “The account wasassigned to the claimant on or around xxxxxx 2010. A reproduced copy of theNotice of Assignment sent to the defendant on or around xxxxxxx 2010 at xxxx address no. 2 xxxx is exhibited at ‘HK3’.

3. The Notice of Assignment exhibited at ‘HK3’is addressed to xxxx address no. 2 xxxx.
4. The Consumer Credit Agreement exhibited at ‘HK1’ showsmy address as xxxx address no. 1 xxxx. (My home address from xxxx 2005 until xxxx2012.)

5. The Notice of Assignment was not delivered to me at xxxx address no. 1 xxxx This is where I get stuck






Statement of Truth

I, xxxxxxx, the Defendant, believe the facts stated within this WitnessStatement to be true.


Signed: ________________________________

Dated:


can anyone help with what I should say.

thank you

[Amethyst]

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

Hiya xx Just reading ....

[Amethyst]

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

Okay - the credit agreement they have sent you - does it include ALL the terms and conditions - should be a couple pages worth - if you read the signed agreement page there will be references on it to terms on other documents ? They didn't send a default notice either did they ?

Do you want to state that you believe the document may have been signed fraudulently by your ex ? I think denying any knowledge of existence is going to be foolhardy as you later paid some of the bills so it is how to put that you didn't sign it or order or have any goods but later paid some bills.


Have started making some amendments.



IN THE xxxxx COUNTY COURT
Claim No. xxxxxx

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

WITNESS STATEMENT OF xxxxxx
_________________________________



I xxxxxxx of xxxx address no. 2 xxxx being the Defendant in this case,make this Witness Statement in response to the Witness Statement of xxxx dated xxxxx. The matters set out below are within my own knowledge, except where I indicate to the contrary;

1. In paragraph 7 of the claimants Witness Statement it states; “The account was assigned to the claimant on or around xxxxxx 2010. A reproduced copy of the Notice of Assignment sent to the defendant on or around xxxxxxx 2010 at xxxx address no. 2 xxxx is exhibited at ‘HK3’."

2. The Notice of Assignment exhibited at ‘HK3’is addressed to xxxx address no. 2 xxxx.

3. On the date of the alleged Notice of Assignment I lived at xxxxxx address no.1 xxxx and did not move to xxx address no.2 xxxxxx until xxxxxxxxxx 2012. Therefore I dispute that this notice of assignment is a genuine document.

4. The Witness Statement of xxxxxxxxx exhibits a copy of the alleged credit agreement between myself and Shop Direct. I have never seen this document before and the signature upon the agreement is not my signature. It appears to state my name however this document was not signed by me and that is not my signature.








Statement of Truth

I, xxxxxxx, the Defendant, believe the facts stated within this WitnessStatement to be true.


Signed: ________________________________

Dated:


can anyone help with what I should say.

thank you[/QUOTE]

[a n other]

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

in there witness statement there is
1. fixed-sum loan agreement regulated by the consumer credit act 1974. 1 page only (address no.1)
2. account summary. 1 page only (no address)
3. notice of assignment from shop direct. 1 page letter (address no.2)
4. introduction letter from Lowell. 1 page (address no.2)
there is no default notice, nor can I remember receiving one.

with regards to the signature I don't want to accuse my ex of fraud as that could cause more problems in the long run for me I think.

with regards to address no.2 my parents address, they moved there from my childhood home in 2006 and it shows me on the electoral roll there 06-08, but it wasn't until I split with my ex in 2012 that I started to use address no.2 for my post etc..

[a n other]

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

:bump:

[a n other]

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

do you think I should add something about not receiving a default notice either at my home address or in the witness statement?

[Amethyst]

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

Okay on the loan agreement is there any reference in there to terms overleaf or to paragraphs of terms which aren't within the page you have?

Yes mention default notice

[a n other]

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

I have attached the agreement for you to have a look at if you don't mind. all personal info. has been blanked out.

regards

[nemesis45]

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

I have attached the agreement for you to have a look at if you don't mind. all personal info. has been blanked out.

regards

Is that all there is ?

nem