** settled ** County Court Claim Form Lowell Portfolio I Ltd

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

I need help please
i have no idea how to write a witness statement and I’m starting to panic

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Good morning

Could someone give me a hand with writing my Witness Statement please?

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

Morning, Examples of Witness statement which will help you here ->> http://legalbeagles.info/forums/show...ness-Statement

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Thanks for the example Witness Statements

I’m not sure what to do as Lowell have now provided the copies of the contract, default notice, notice of assignment and list of transactions with their Witness Statement. My Defense was based on them not sending these to me. Looks like they have withheld everything until the last minute so I have no leg to stand on in court...

is is there anything I can do now to help my case?

[MIKE770]

Re: County Court Claim Form Lowell Portfolio I Ltd

has anybody seen what they sent you, ??? as there must contain acuracies to enforce???

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

Thanks for the example Witness Statements

I’m not sure what to do as Lowell have now provided the copies of the contract, default notice, notice of assignment and list of transactions with their Witness Statement. My Defense was based on them not sending these to me. Looks like they have withheld everything until the last minute so I have no leg to stand on in court...

is is there anything I can do now to help my case?

Did those documents come in with their witness statement as exhibits? or separate?

When are your WS's due to be exchanged?

[Diana M]

Re: County Court Claim Form Lowell Portfolio I Ltd

When are your WS's due to be exchanged?

Last Friday but the OP may get away with late filing today.

I received a Notice of Allocation to the Small Claims Track dated 11th September. It stated that if the claimant doesn’t pay the court trail fee by October 20th, the claim would be struck out. It also states that the hearing of he claim will take place on 17th November.

. . . . . Today I received the witness statement from Lowell along with a copy of the signed contract, the default notice, list of transactions, notice of assignment and copies of letters sent to me

Have you filed your Witness Statement at court and served it on the Claimant?

No, I haven’t and now it is too late
The Notice of Allocation says all documents to be filed no later than 14 days before the hearing

Di

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

The documents came as exhibits in the Witness Statement

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

I still haven’t done my Witness Statement, is it possible to ask the court for more time?

i’m still Not sure what to put in my Witness Statement. The only thing I can think of is that the requested documents were not sent to me in order to defend the claim but have now been included as exhibits

Shoud the documents have been sent to me before they were used as exhibits?

[DezzyB]

Re: County Court Claim Form Lowell Portfolio I Ltd

Also, looking at the list of transactions. The last payment I made was in November 2011. Could this now be unenforceable?

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

Get your docs uploaded - else we're really trying to help you blindly - if you think everything is enforceable and you don't feel you have a defence ( stat barring is six years in England so that's out as last payment Nov 2011 is less than six years before the claim was issued sadly) then you may want to consider a negotiation with the claimant to get this settled or an installment plan payment outside of court ( if you can negotiate a consent order to have the claim 'stayed' in court so long as you make the agreed payments you wouldn't have the CCJ on your credit file )

Do you have the full agreement ? all terms that are mentioned in the signature page are present ?
Notice of assignment from Vanquis?
Default notice giving a clear 14 days between when you received it and when you had to make the payment to bring the account back into order?

[Guest]

Re: County Court Claim Form Lowell Portfolio I Ltd

Get your docs uploaded - else we're really trying to help you blindly - if you think everything is enforceable and you don't feel you have a defence ( stat barring is six years in England so that's out as last payment Nov 2011 is less than six years before the claim was issued sadly) then you may want to consider a negotiation with the claimant to get this settled or an installment plan payment outside of court ( if you can negotiate a consent order to have the claim 'stayed' in court so long as you make the agreed payments you wouldn't have the CCJ on your credit file )

Do you have the full agreement ? all terms that are mentioned in the signature page are present ?
Notice of assignment from Vanquis?
Default notice giving a clear 14 days between when you received it and when you had to make the payment to bring the account back into order?

Is your Comment Amethyst a case of clutching at straws?
How would a DJ view your reasoning?

[MIKE770]

Re: County Court Claim Form Lowell Portfolio I Ltd

depends on this:- date last payment or acknowledgment of the alledged debt, in England/wales 6 years statute of limitations apply or 5 years in Scotland. no straws being clutched here, so correct up to date information requested, to get a better idea of the Real Situation??
pls

[Amethyst]

Re: County Court Claim Form Lowell Portfolio I Ltd

Not a clue, I haven't seen the documents so impossible to help with the WS. Which bit is straw clutching ?

[MIKE770]

Re: County Court Claim Form Lowell Portfolio I Ltd

hence proper information needed to access actual situation, people like Ame are here to try and help, so no adverse comments please if you have not given the actual facts, these are needed otherwise we would better to advise if possible.