***DISCONTINUED *** Winder82 v Lowell

[Amethyst]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Do you want me to have a look over it ?


You should receive a witness statement off the claimants around the same time you send yours. Personally I would send your WS first ( as that's 14 days before the hearing ?) then send the notification of non attendance in a couple days afterwards ( so long as it arrives at least 7 days before)

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Ok I will do that thanks

This is my statement

WITNESS STATEMENT

I, xxxx of xxxx, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in this claim which is due to be heard on **** at xxx County Court.

The matters set out below are within my own knowledge, except where I indicate to the contrary.

On***, I received a claims form from the County Court Business Centre, Northampton, for the amount of £****.

There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

The particulars of claim fail to state when the agreement was entered into.

The particulars of the claim state that this claim is for "monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and the original creditor." I have no idea what this is.
On ****, I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case, a copy of the Agreement and the Default Notice (EXHIBIT A).

On **** I made formal written request directly to Xxxx requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 (EXHIBIT B).

On **** the Claimants solicitor replied (EXHIBIT C) to my written request without the requested documents.

I have not received any of the documents mentioned in the claimants claim form.

The Claimant has mention the credit agreement, the default notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

The Claimants pleaded case is that the Defendant entered into an agreement with **** under account reference *****. I am uncertain as to what this is, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify what the claim refers.

[Amethyst]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

I might add in the consequence of the default of your sec 77 - 79 request in there just to be sure.

( edited to remove confused.com stuff)

[Amethyst]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Ahh just realised you aren't the same poster as the thread starter so ignore what I said .... Might be an idea to split the threads. I'll figure that out now. ( getting there!)

[Amethyst]

Re: Winder82 v Lowell

Okay, you're all in your own thread now. It looks a bit lonely as I left the replies on the other thread as many were relating to the OP's case as well as yours.

This the first post about this claim ?

Lowells - co-operative bank.

This is in reference to putting a cheque in the bank, the bank allowed me to spend the money and then said the cheque bounced and they took the money back out my account, leaving me overdrawn.

This has been showing as a default on my credit file for the past 5 years.

I have recently moved house and they have sent this to my old house - lucky received this day 13 when I collected post from my old address.

Have Lowell not replied to you at all to say this isn't covered by Part V of the consumer credit act ? If they haven't then you MIGHT be okay if they don't realise it is from a current account overdraft. Regardless of that they have still failed to supply any documents at all to evidence the debt is owed or legally collectable by them.

They MIGHT do in their witness statement so you might have to do some about turning when/if that arrives, if they don't discontinue.

What date do you go on holiday?

[winder82]

Re: Winder82 v Lowell

This is the only reply I have ever had

I've had a reply just from Bryan Carter solicitor.

We write further to your letter, requesting disclose under part 31 of the civil procedure rules.

We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. In any event the notices of default and assignment left the control of the claiment when they were dispatched to you.

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and in this regards we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing the defence

As you will be aware of a claim was issued in this matter on 19 June 15

We are in receipt of your acknowledgemt of service and of your intention to file a defence.

We recommend you seek independent legal advice

- - - Updated - - -

I go away 25 November

[nemesis45]

Re: Winder82 v Lowell

This is the only reply I have ever had

I've had a reply just from Bryan Carter solicitor.

We write further to your letter, requesting disclose under part 31 of the civil procedure rules.

We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. In any event the notices of default and assignment left the control of the claiment when they were dispatched to you.

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and in this regards we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing the defence

As you will be aware of a claim was issued in this matter on 19 June 15

We are in receipt of your acknowledgemt of service and of your intention to file a defence.

We recommend you seek independent legal advice

- - - Updated - - -

I go away 25 November

Standard Carter Claptrap template, you can chase the CPR request as it still applies until the claim is actually allocated to the SCT.

As [MENTION=6]Amethyst[/MENTION] has said re the " regulated " agreement" there is none for Current Account OD's seems Carters ill trained litigation
assistant (s) have messed up again.

nem

[Amethyst]

Re: Winder82 v Lowell

Okay get the witness statement in and you should have time to receive theirs before you go away so if you need to add anything, a new witness statement / skeleton argument to take account of more info given in their witness statement or documents etc ..... Notify the court and the claimant (with any new WS/SA) at least 7 days before the hearing.

[winder82]

Re: Winder82 v Lowell

Okay get the witness statement in and you should have time to receive theirs before you go away so if you need to add anything, a new witness statement / skeleton argument to take account of more info given in their witness statement or documents etc ..... Notify the court and the claimant (with any new WS/SA) at least 7 days before the hearing.

I have sent my witness statement, I sent recorded and it's been received. I havent received anything from bryan Carter as of yet and today was the deadline. is it 7 working days before I that I need to let the court know or does the 7 days include the weekend?

[Amethyst]

Re: Winder82 v Lowell

It's 7 calendar days. If you don't receive the WS on Monday then give the court a buzz and tell them you haven't received anything.

[winder82]

Re: Winder82 v Lowell

It's 7 calendar days. If you don't receive the WS on Monday then give the court a buzz and tell them you haven't received anything.

So today I haven't received anything so will contact the court tomorrow to let them know. If I don't receive any doxuments can the court hearing still go ahead? Thanks

[winder82]

Re: Winder82 v Lowell

Today I have received notice of discontinuation do I need to let the court know? Is there anything else I need to do? Thanks for all your help

[Amethyst]

Re: Winder82 v Lowell

WOoohooooooooooooo !!!!!!!!!!!! Well done you

Nope you need do nothing, but you can call and check they have received the Notice of discontinuance in a couple days time just to be sure xxx

CONGRATULATIONS

[nemesis45]

Re: Winder82 v Lowell

Today I have received notice of discontinuation do I need to let the court know? Is there anything else I need to do? Thanks for all your help

Well done Winder excellent result.!:tinysmile_twink_t2:

nem

[winder82]

Re: ***DISCONTINUED *** Winder82 v Lowell

Can they open this claim again in the future?