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Re: Please Help - not sure what to do next
i, xxxxxxxxxx being the defendant in this case will state as follows;
1. I make this witness statement in support of my defence in this claim. The matters i set out below are within my own knowledge, except where i indicate to the contrary.
2. Around 7/1/16 i received a claim form from county court business centre from howard chohen solicitors on behalf of hoist portfolio holding 2 ltd.
3. The claim is for an alleged debt that was originally owned by lloyds. The particulars of claim are vague and give no information with regards to the debt - and I do not know to what the claim relates. I have held a number of products over the years with Lloyds and am unaware of such a large amount being owed.
4. The claimants particulars of claim state that the alleged debt was assigned to them by 'MKDP LLP (Ex Lloyds Banking Group) and states that notice has been given to me. I have not received any notice of assignment from either LLOYDS or MKDP, or from the CLAIMANT. As far as I am aware MKDP are not a part of Lloyds but are a separate debt collection company.
5. As I was uncertain to what the claim related i raised a query with the claimant to which they responded (exhibit a) ''we write to confirm we have noted a dispute / query you have raised. We will make the necessary enquiries and let you know the outcome in due course. In meantime we will stop all collection activity on this account."
6: I have never had any further response to this complaint or any other information and the claimant has allowed their claim to proceed through the court system.
5. On 14/01/2016 i made a formal written request to the claimant for documents mentioned in the claimants statement of case as allowed under cpr 31.14. (see exhibit a)
7. I received a letter back from 'robinson way' (acting for the claimant) dated 19/01/16 confirming receipt of my letter/request. But to date have yet to receive documents requested. (see exhibit b)
8. Also on 14/01/16 i formally requested from the claimants solicitors under the consumer credit act 1974 (section 77-79) a copy of the credit agreement, for which i sent a £1 postal order.
9.i have not received to this date a copy of said credit agreement. Under the consumer credit act the claimant, as creditor, is unable to enforce the agreement while in default of a formal request made under sections 77-79 of the act.
10. A defence was submitted to county court business centre and letter received from court on 4/2/16 to confirm reciept.
11. I received a letter dated 18/2/16 from claimants solicitors acknowledging receipt of my request cpr 31.14 (see exhibit d) i have yet to receive any of the documentation requested.
12. I received a letter dated 7/2/16 from county court business centre regarding proposed allocation to small claims track.
13. A mediation appointment was booked for 11th may 2016.
14. It stated in guidance notes on mediation that if i could not answer “yes” to any of 4 statements then mediation was not right for this case. i could not answer “yes” to the statement “i can confirm that i have enough information about the claim to allow me to enter into negotiations and i do not require any further evidence” i telephoned the court and told them i could not “answer yes to statement 3” as i had yet to receive credit agreement and my request made under cpr 31.14. And i was informed that mediation would not be appropriate in this case.
15. I received a letter from xxxxx county court around 16th nov 2016 with a date for a hearing. The claimant was requested to pay a fee which as of 23rd jan remained unpaid not paid this fee. I am still submitting my witness statement as per the judges order, a copy of which will be sent to the claimant and their solicitors.
16. The claimant has now had over a year to provide copies of documents requested, being the credit agreement and default notice. Despite my requests the claimant has failed to provide any information regarding their claim, the alleged debt or any further information and as such i have been unable to look into the debt and the claimant's right to claim any sums from me.
17. Therefore the claim is denied in full and i would respectfully request the court considers striking out the claim.
i, xxxxxxxxxx being the defendant in this case will state as follows;
1. I make this witness statement in support of my defence in this claim. The matters i set out below are within my own knowledge, except where i indicate to the contrary.
2. Around 7/1/16 i received a claim form from county court business centre from howard chohen solicitors on behalf of hoist portfolio holding 2 ltd.
3. The claim is for an alleged debt that was originally owned by lloyds. The particulars of claim are vague and give no information with regards to the debt - and I do not know to what the claim relates. I have held a number of products over the years with Lloyds and am unaware of such a large amount being owed.
4. The claimants particulars of claim state that the alleged debt was assigned to them by 'MKDP LLP (Ex Lloyds Banking Group) and states that notice has been given to me. I have not received any notice of assignment from either LLOYDS or MKDP, or from the CLAIMANT. As far as I am aware MKDP are not a part of Lloyds but are a separate debt collection company.
5. As I was uncertain to what the claim related i raised a query with the claimant to which they responded (exhibit a) ''we write to confirm we have noted a dispute / query you have raised. We will make the necessary enquiries and let you know the outcome in due course. In meantime we will stop all collection activity on this account."
6: I have never had any further response to this complaint or any other information and the claimant has allowed their claim to proceed through the court system.
5. On 14/01/2016 i made a formal written request to the claimant for documents mentioned in the claimants statement of case as allowed under cpr 31.14. (see exhibit a)
7. I received a letter back from 'robinson way' (acting for the claimant) dated 19/01/16 confirming receipt of my letter/request. But to date have yet to receive documents requested. (see exhibit b)
8. Also on 14/01/16 i formally requested from the claimants solicitors under the consumer credit act 1974 (section 77-79) a copy of the credit agreement, for which i sent a £1 postal order.
9.i have not received to this date a copy of said credit agreement. Under the consumer credit act the claimant, as creditor, is unable to enforce the agreement while in default of a formal request made under sections 77-79 of the act.
10. A defence was submitted to county court business centre and letter received from court on 4/2/16 to confirm reciept.
11. I received a letter dated 18/2/16 from claimants solicitors acknowledging receipt of my request cpr 31.14 (see exhibit d) i have yet to receive any of the documentation requested.
12. I received a letter dated 7/2/16 from county court business centre regarding proposed allocation to small claims track.
13. A mediation appointment was booked for 11th may 2016.
14. It stated in guidance notes on mediation that if i could not answer “yes” to any of 4 statements then mediation was not right for this case. i could not answer “yes” to the statement “i can confirm that i have enough information about the claim to allow me to enter into negotiations and i do not require any further evidence” i telephoned the court and told them i could not “answer yes to statement 3” as i had yet to receive credit agreement and my request made under cpr 31.14. And i was informed that mediation would not be appropriate in this case.
15. I received a letter from xxxxx county court around 16th nov 2016 with a date for a hearing. The claimant was requested to pay a fee which as of 23rd jan remained unpaid not paid this fee. I am still submitting my witness statement as per the judges order, a copy of which will be sent to the claimant and their solicitors.
16. The claimant has now had over a year to provide copies of documents requested, being the credit agreement and default notice. Despite my requests the claimant has failed to provide any information regarding their claim, the alleged debt or any further information and as such i have been unable to look into the debt and the claimant's right to claim any sums from me.
17. Therefore the claim is denied in full and i would respectfully request the court considers striking out the claim.
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