** DISCONTINUED ** Advice needed for court.

[pinklily]

Hi

I have a court date for the 15th of December. It says on the letter that I have to send any documents that I will be relying on or the judge may not consider them. I have proof that the debt is statute barred do I send these to the court and to Lowell? If so do I include a letter explaining that the debt is statute barred?

I am sooo nervous of this, and terrified of screwing it up so any help would be massively helpful! Xx

[Amethyst]

Re: Advice needed for court.

Hi Pinklily

You'll need to do a witness statement with any evidence you have. Does your letter give a date for the witness statement or just say 14 days before?

will check back in in the morning and give you a hand with it. Can you pop a link up to your previous thread on the same issue pls xx ta

[pinklily]

Re: Advice needed for court.

Thank you for your reply!

I have until 4pm on the 17th of November to get all info to court and third party.

Link to last post is

http://www.legalbeagles.info/forums/...rm-HELP-PLEASE!!!!

Thanks

[Kati]

Re: Advice needed for court.

:bump: for [MENTION=6]Amethyst[/MENTION] xx

[Amethyst]

Re: Advice needed for court.

Thanks Pinklily ( and Kati for making sure I remember )

Having a read back.

[pinklily]

Re: Advice needed for court.

Thanks Kati and Amethyst

[Amethyst]

Re: Advice needed for court.

Just to confirm you have had no documents from Lowell or BC and they have not told you whether the claim is for the credit card or the current account ?

[pinklily]

Re: Advice needed for court.

I had no documents from Lowell or Bryan Carter at all.

The claim is definately for the credit card.

[Amethyst]

Re: Advice needed for court.

Okay, for now, ignore the SAR from Lloyds. That's entirely separate from the claim by Lowell.

This is a rough first draft to give you an idea how to set out the witness statement. ( obvs paragraph numbers should go 1 2 3 4 not 1 1 1 1 1 lol )


IN THE COUNTY COURT
AT xxxxxxxxxxxxx

CLAIM No: xxxxx

BETWEEN

LOWELL PORTFOLIO I LTD
(CLAIMANT)


and

PINKLILY
(DEFENDANT)

WITNESS STATEMENT

1. I am PINKLILY of xxxxxxxxxxxxxaddressxxxxxxxxxxxxx and defendant in these proceedings. I make this witness statement in support of my defence in this case.

1. The matters referred to in this witness statement are within my own knowledge, except where he has indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.

1. I am a litigant in person.

1. Save where otherwise accepted within this Defence, the Particulars of Claim are denied. In particular.

1. I received the claim form in this case on xxxxxxxxxxxxxxxxxx 2015.

1. The Particulars of Claim state the claim is for money due under an agreement between myself and Lloyds under account reference 5187919701012465.

1. I have had financial products in the form of a student current account and a credit card with Lloyds in the past however the account reference does not match anything in my records.

1. I have been unable to ascertain the type of product to which the claim refers. I fell into financial difficulties while at University in 2007 and moved my banking away from Lloyds to Barclays. I have not had any contact with Lloyds since xxxxxxxx 2008.

1. I believe any debt that may have been owed to Lloyds would be statute barred by virtue of section 5 of the Limitations Act 1980.

1. I have checked my credit file to try and find out the origination of the claim however there is nothing relating to Lloyds on there. I understand that any defaults are removed from a Credit File after a period of 6 years.

1. I have requested further information from the Claimant and their Solicitor, Bryan Carter Solicitors LLP.

1. On 3^rd August 2015 I sent a formal request to the claimant for a copy of the agreement to which they refer pursuant to s.77 and s.78 of the Consumer Credit Act 1974. I enclosed payment of £1.

1. On 3^rd August 2015 I also sent a request to the Claimants solicitors under CPR 31.14 for copies of documents mentioned in their statement of case. I requested copies of the Agreement and the Default notice on which they intend to rely in this case.

1. I have received no documents from the Claimant or their Solicitors at all. They have been unable to state whether their claim is based on a current account overdraft or a credit card.

1. I have not received any statements of either account to show how the claim may have been calculated.

1. It is my contention that, should the claim relate to the Credit Card, that the Claimant is unable to enforce the agreement while his default continues, pursuant to s 78 (6) of the Consumer Credit Act 1974.

1. The Claimant contends that any agreement was assigned to them in January 2013. I did not receive any notification of this assignment at the time and the Claimant has failed to produce any copy to evidence they have any legal rights over any agreement I had with Lloyds.

1. I do not believe I have any liability to the Claimant.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.


Signed …………………………………………


Dated …………………………………………

[Amethyst]

Re: Advice needed for court.

The claim is definately for the credit card.

Have BC/ Lowell told you that ? (ie do BC/Lowell know its a credit card debt ?)

[pinklily]

Re: Advice needed for court.

The Lloyds accounts are still on my credit file though. They didn't "default" properly until 2010 as they were using "set offs" from the current account (which is why that account was brought up in previous post) to pay off the debt on Credit card. My ex paid money into Current account until Jan 2010.

I shall check now and see if they said it was for a credit card. I am sure that the claim I recieved said it was for a credit card agreement. I shall double check now though.

Thanks! Xx

[Amethyst]

Re: Advice needed for court.

Yep I saw the stuff about your ex and the current account etc however you only know that through your SAR direct to Lloyds - not from BC/Lowell - so they have yet to argue that point. It does kind destroy your stat barred argument and leaves you only with the s.78 (6) temporary unenforcability ( which is plenty btw but easier for them to correct ) They might come up with docs with their witness statement, in which case you can do a second WS on the new information.

Leave out the stuff about the credit file altogether if it doesn't support your case.

The original claim doesn't mention a credit card, just a regulated agreement and the ref number.

[pinklily]

Re: Advice needed for court.

In that case, then no neither have actually confirmed the debt is a credit card.

I sent a CCA request on the 3/8/15 including the £1 and never heard back from them.

Will I not be using the SAR at all as part of my defence?

[Amethyst]

Re: Advice needed for court.

You haven't pleaded it in your defence and you have had nothing further from the claimant so keep your WS concentrate on your defence. There's no point defeating your own arguments at this stage - If the Claimants suddenly pop up with statements showing these payments made by your ex you can then either amend your defence or respond to their witness statement.

If it is the credit card ( the number does look the right length for that) you have the strong argument of no CCA 1974 agreement being produced - of course they could produce with their Witness Statement - if they do then you can argue the stat barred on the credit cards because the payments were set off rather than paid by you - if they were a standing order/direct debit though I'm afraid that would stuff the argument - it would only have the possibility of succeeding if they were just set off by the bank so we'd have to have a closer look. Set off doesn't usually work at £30 a month, it'd be lump sums irregularly.

[pinklily]

Re: Advice needed for court.

Sorry what does WS mean?

I never set a Direct debit or standing order up to pay the credit card off. The payments are like £26.72 one month then about £27 something the other there was no set amount if you see what I mean, but they were monthly. on the SAR it even shows that the bank took the payments themselves.

Would it be ok to add pictures of what I am talking about?