Small claims track - lowell portfolio - bw legal - witness statement

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I received a Claim Form in connection to Lowell Portfolio and their Solicitors BW Legal back in November, of which I responded that I was to defend the claim. I sent a letter to BW Legal requesting documents under CPR31.14 mentioned in the Statement of Case and I sent a letter to Lowells to send me a true copy of agreement etc. Lowell replied saying they passed it on to BW Legal and BW Legal replied saying they had received my Acknowledgement of Service but neither sent me any documents. I submitted my defence November. I received a letter from BW Legal in December stating they were continuing with the claim. I was given a Notice of Proposed Allocation to the Small Claims Track and could not attend mediation as I hadn't received any documentation. I have now received a Notice of Allocation to the Small Claims Track (Hearing) and my Hearing is due to take place on 5 May 2017, I have to submit my Witness Statement and Evidence 14 days prior. I have checked with the court and Lowells have paid their hearing Fee. Could somebody please take a look at my Witness Statement below to check its all in order before I submit?

In the County Court at ************ Claim Number:*****************

BETWEEN:

Claimant:
**********************

-and-
Defendant:
***********************


WITNESS STATEMENT OF ******************

1. I, ********* of **********************, being the Defendant in this case, make this Witness Statement in support of my defence which is due to be heard on 5^th May 2017 at ************ County Court.
2. On 4^th November 2016 I made a written request to the Claimant requesting that the Claimant provides copies of all documents (true copy of the executed agreement and a copy of current terms and conditions encapsulating any variation) mentioned in the Statement of Case (Exhibit A).
3. On 4^th November 2016 I made a written request to the Claimant Solicitors requesting that the Claimant provides copies of all documents (Credit Agreement, a copy of the Contractual payments under the terms of the agreement and the Default Notice) mentioned in the Statement of Case (Exhibit B).
4. On 8^th November 2016 the Claimant’s Solicitors replied (Exhibit C) to my written request without the requested documents.
5. On 23^rd November 2016 the Claimant replied (Exhibit D) to my written request without the requested documents.
6. The Claimants claim is based upon Defendants alleged breach of contract and therefore, the contract is entirely central to the Claimant’s case.
7. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.
8. On 23rd^th November 2016 I contacted the Claimant and repeated my request for copies of documents as mentioned in the Statement of Case (Exhibit E).
9. The Claimant has mentioned 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.
10. The Claimants pleaded case is that the Defendant entered into an agreement with ***************** under account reference ************, I am uncertain as to which account this refers to. It is accepted that I have had ****** Loans in the past, however, the account number given does not relate to any information I have, therefore, it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.
11. I believe that the facts stated in this witness statement are true.
12. I therefore ask that the Court orders the Claimant to provide copies of the documents.

Statement of Truth



I ************, the Defendant believe the matters set out in this Witness Statement are within my own knowledge, except where I indicate to the contrary.

Signed




Signed: ________________________________

Dated: ________________________________