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

[a n other]

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

with regards to the credit agreement, yes that is all they have included.

[a n other]

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

I have added a little to the statement regarding the default notice.

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

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

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

3. On the date of the alleged Notice of Assignment I lived at xxxxxx addressno.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 allegedcredit agreement between myself and Shop Direct. I have never seen thisdocument before and the signature upon the agreement is not my signature. Itappears to state my name however this document was not signed by me and that isnot my signature.


5. At no point in time have I received a default notice from the claimant, nor was a copy of a default notice included in the claimants Witness Statement even after a request for all documentation relating to the claim was made by my myself thedefendant.

[a n other]

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

the hearing of this case is on 29 jan, what is the latest this response can be submitted.

regards

[Amethyst]

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

7 days before is best but as its a response to a Witness Statement, and really your arguments against their witness statement with the new information provided, you can send it in up to two days before and you should take a copy with you to the hearing to help you with your arguments on the day.

[a n other]

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

great thanks,

what do you think of my statement now with the additions???

also did you see the credit agreement I attached??

[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

:bump:

sorry to bump again, just want to make sure I have everything in place and correct for Friday. I need to send the response off tomorrow (Tuesday) if it has to be there 2 days before the hearing.
does it look ok?
should they have sent a copy of the default notice as part of my CCA request?
is there anything in the attached credit agreement that they have missed out or that doesn't look right?

regards and thank you

[MIKE770]

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

[MENTION=6]Amethyst[/MENTION]

[Amethyst]

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

Okay - looks fine so far - you need to add a paragraph about the failings of the agreement as well.....


The alleged agreement appears to be incomplete. Under the section entitled 'Key Information' there is a paragraph which states " We reserve the right to vary these charges (or introduce new charges) at any time in accordance with Clause 8 overleaf )

The Claimant has not provided any copy of the terms which are alleged to be overleaf. Therefore the Claimant has failed to comply with my formal request made pursuant to s.77(1) of the Consumer Credit Act which specifies that any document mentioned within the agreement must be provided and I contend the Claimant is therefore unable to enforce the agreement while his default continues.


Then at the end reiterate that you dispute you are indebted to the claimant as claimed or at all.

You can send a copy over to the court and the claimant, and take three copies of it in with you on the 29th - you may just have to use it to refer to.

The Default notice isn't required as part of your CCA request however they do need to evidence that the account was defaulted and you were notified and given the opportunity to remedy. As it is not your debt then you can state that you have NOT received any default notice, and raise questions about where they might have sent it to.

If they bring up that you have made payments in the past you will need to explain that you were going through a difficult time with the break up of your relationship and just paid bills as they came in to try and keep things straight, it was only when you received this claim that you investigated further and realised that this debt was not yours.

[a n other]

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

thank you very much for that, well spotted.

and thank you for all the help and advice you and everyone at legalbeagles has given me, it is very much appreciated.



here is how it looks,

IN THE xxxxx COUNTYCOURT
ClaimNo. 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 datedxxxxx. The matters set out below are within my own knowledge, except where Iindicate to the contrary;

1. Inparagraph 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 xxxxaddress no. 2 xxxx is exhibited at ‘HK3’."


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


3. On the date of the alleged Notice of Assignment I lived at xxxxxx addressno.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 allegedcredit agreement between myself and Shop Direct. I have never seen thisdocument before and the signature upon the agreement is not my signature. Itappears to state my name however this document was not signed by me and that isnot my signature.


5. The alleged agreement appears to be incomplete. Under the section entitled'Key Information' there is a paragraph which states " We reserve the rightto vary these charges (or introduce new charges) at any time in accordance withClause 8 overleaf )

The Claimant has not provided any copy ofthe terms which are alleged to be overleaf. Therefore the Claimant has failedto comply with my formal request made pursuant to s.77(1) of the ConsumerCredit Act which specifies that any document mentioned within the agreementmust be provided and I contend the Claimant is therefore unable to enforce theagreement while his default continues.


6.At no point in time have I received adefault notice from the claimant, nor was a copy of a default notice includedin the claimants Witness Statement even after a requestfor all documentation relating to the claimwas made by my myself the defendant.


7. I dispute that I am indebted to the claimant as claimed or at all.







Statement of Truth

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


Signed: ________________________________

Dated:

[Amethyst]

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

Excellent.

Obviously there's really no saying what the Judge will decide on the day but they don't seem to have evidenced that this is YOUR debt and have not complied with the consumer credit act so he SHOULD come down in your favour - it is possible he will just order the missing/corrected documents be submitted within X days else their claim will be struck. It is also possible he will just be in a grump and decide he's on an anti debtor crusade and rule against you.... but you have done all you can to show that the debt has not been proven.

[a n other]

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

thank you, thank you, thank you.

I will keep you all informed of the outcome. ray2:

[Amethyst]

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

Best of luck with it on Friday....do let us know how things go - either way xxxx Will keep my toes crossed for you Friday.... I can't type with crossed fingers lol

[a n other]

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

*****CASE DISMISSED *****
*****WON****

:cheer2::cheer2::cheer2:

thank you to every one at legalbeagles

[Amethyst]

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

Oh thank goodness, I was getting cramp !

WELL DONE....

more info needed though, what happened............???????????