Originally posted by Ohfreeme
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I'm doing it now! 
So fingers crossed I don't fudge it up, been browsing through the forum and other sites to get an idea of what to write. I'll post what I manage to do before I hand it in. I'm hoping that if I take it in person it won't count as late. The court letter stated both parties had until the 29th...
I've been horrendously ill and then my daughter came down with illness so I've been up with her the last 2 nights...
Anyway I better crack on.
Night night.
So fingers crossed I don't fudge it up, been browsing through the forum and other sites to get an idea of what to write. I'll post what I manage to do before I hand it in. I'm hoping that if I take it in person it won't count as late. The court letter stated both parties had until the 29th...
I've been horrendously ill and then my daughter came down with illness so I've been up with her the last 2 nights...
Anyway I better crack on.
Night night.
if anyone is around in the morning and would be kind enough to let me know if I should hand it in or not please let me know. I was going to try and get there straight after the school run but I'll drag it out till about 11am in case I really have done a horrendous job.
I honestly don't know what the hell I've gotten myself in for and sort of feel like giving up.
IN THE COUNTY COURT AT Xxxxx
Claim No. xxxx
BETWEEN:
LOWELL PORTFOLIO I LTD
Claimant
- and –
Xxxxxx
Defendant
_________________________________
WITNESS STATEMENT OF Xxxxxxxx
_________________________________
1. I Xxxx of xxxxxx, am the Defendant in this claim. The facts in this statement come from my personal knowledge, documents in my possession and all documents made available to me from the Claimant “xx”.
2. Exhibited to this statement marked “xx” is a paginated bundle of documents. Where I refer in this statement to a page number.
3. The claim relates to a credit agreement (“the Agreement”) regulated under the Consumer Credit Act 1974. I believe the account was opened in 2008, however I do not recall signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement. The original account was opened with a company named xxxx.
4. I do acknowledge receipt of a notice of assignment and letter from the Claimant dated 27th October 2015. I did not initially respond to them as I believed that the assignment was not real. Both where received in the same envelope with the same printer reference giving indication that the Claimant had created both these documents and that it was not sent from the original creditor. Please refer to page 1-2 of “xx”
5. I am mother to (way to many kids to handle, I put a number here) children aged from xx to xxyrs, x of my children are on the Autistic Spectrum and I am unemployed. We where made homeless in 20xx and I also contracted xxxxx. Due to this, subsequent correspondence from the Claimant where filed to be dealt with at a later date.
6. I moved with my children to the above address in xxxxx xxxx. Due to various personal problems including my battle with depression I continued to file correspondence from the Claimant not feeling the mental strength to call and question the letters received.
7. I acknowledge that I did receive a letter of claim from the Claimant, although it is dated xxx xxx xxx I did not receive it until xx xxx xxxx, I was not able to respond at the time as I was making preparations for my xxxx Operation. I mentioned before that I have x children on the Autistic Spectrum, I feel this is relevant to mention this as my children need structure and routine. As I would be absent for some time I had to make preparations in time of my surgery in xxxxx.
8. I had my xxxx operation on xxxxx. The claim form was received xxxxx which I completed and returned.
9. I made a request to the Claimant and the claimants Solicitor for further information relating to the claim, sent recorded delivery and including the £1 fee via postal order. Please refer to pages 3-6 of “xxx”.
10. I received a response to my request from the claimants Solicitor dated xxxx, with the previously mentioned notice of assignment attached. This time the company logo and printer references where removed. Please refer to pages 7-9 of “xxxx” No Credit agreement was included.
11. The claimant has failed to provide true copies of the requested documents.
12. The next correspondence I received from the claimant was a copy of the directions questionnaire dated xxxxx, still no sign of the agreement.
13. I acknowledge that the Claimant sent to me the documents they have supplied to the court with reference “xxx” with the letter dated xxxxx which is page 19 of “xxxx”
14. I did not respond to the claimant as I had still not received the credit agreement and the prescribed terms and conditions, although the claimant mentions that the credit agreement is included in the pack I still have not received a copy.
15. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time.
Statement of Truth
I, xxxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed: _______________________________
Sorry got got a little ott with the marking out of details... I really am rather paranoid.
Many thanks for all your help and reassurance.
( actually not sure if that makes you feel better or worse about it !)
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