** DISCONTINUED ** Please help, question regarding N180 form

[Ohfreeme]

Re: Please help, question regarding N180 form

I'm going to have to try an upland as a PDF as I'm having issues with the JPEGs.

please bare with me I'll upload shortly.

thank you so much for the quick response.

[Amethyst]

Re: Please help, question regarding N180 form

If the file ends up too big to post feel free to email it to me ( I have bigger file allowances on here - perks lol ) admin@legalbeagles.info

[Diana M]

Re: Please help, question regarding N180 form

I think I have messed this up now and Court is coming up.

I received a witness statement today. I'm really upset about it as I couldn't respond nor did I feel that I needed to respond to what they sent me.

I still have not seen a credit agreement. I don't know what to do now. I'm so stressed.

Try not to feel stressed. You've been spooked by reading the Claimant's Witness Statement. Now is your chance to tell your side of the story in your Witness Statement.

Can you post/type up the Particulars of Claim (removing anything which could identify you) so it's clear what they are claiming and why they think they have the right to claim it.

You've filed your Defence with the help of another forum. Can you say roughly what you pleaded.

The Notice of Hearing would have given you the date of the hearing (when is it?) and also when you should file and serve your WS. This is sometimes 14 days before the hearing or a specific date.

You'll soon get things back on track with forum help

Di

[Ohfreeme]

Re: Please help, question regarding N180 form

Ok, I'm attaching what I think you've both asked me for.

Here is my defence statement.



County Court Business Centre Northampton
Claim Number: ****


Lowell Portfolio 1 LTD (Claimant)


Vs


(Defendant)




I would initially like it be noted on the Court File, I responded to the claimants solicitor letter (dated 13/04/2017) with the attached Pre Action Conduct letter dated 12/05/2017, requesting further information regarding the alleged debt. The Pre Action Conduct request was signed for by D*** on 15/**/2017.
The Claimants Solicitors response (see attached) dated 17/**/2017 was received by the defendant.
The requested documentation has not been sent to me.


I have also on the 12/**/2017 (see attached) sent a further request for information, as well as a request under Section 78.1 of the Consumer Credit Act to the claimant enclosing the statutory £1 fee, to date this request has been ignored, rendering this claim, under Section 78.6 of the CCA, unenforceable against me.


The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:


I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.


II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £****.21
III. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.


I. Show how the Claimant has the legal right / Absolute Assignment (as defined by Section 136 of the Law of Property Act 1925) to issue a claim, by providing the following:


a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.


b) As claimant has stated the debt was ‘assigned to the claimant’ a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment, as specified by Lord Denning in his ruling in Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 82, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Deed of Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824. I require sight of the assignment so as to be satisfied that it is valid and that the alleged assignee, can give me good discharge of the debt as per s 136(1)c of the Law of Property Act 1925.


c) For the assignment of a debt to be effective (and so giving the Claimant a right of action) a valid Notice of Assignment must have been sufficiently served upon me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action. It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).


d) As per C above, a copy of the alleged Notice of Assignment alleged to have been sent by the original creditor to the Defendant, and again details of how this was served upon the Defendant.


e) As the Claimant is claiming County Court Interest under Section 69 of County Courts Act 1984, details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on (as referenced in Section 2 of the Particulars of Claim) and I request the Claimant disclose EXACTLY how much they allege they paid for this account so the Court may assess whether County Court Interest is applicable to the full claim amount.


II. As per Civil Procedure Rule (PD) 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.


III. Also, as under Civil Procedure Rule Part 39 – Practice Direction 39a 3.3, I remind you of the requirement for each of the documents you use as ‘proof of your claim’, ‘the originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial’.




Statement of Truth


I believe the facts stated in this defence are true.

[Ohfreeme]

Re: Please help, question regarding N180 form

I have emailed the second lot of docs to admin@legalbeagles.info.

thank you so much for the reassurance. My best friend just removed me from from my house as if had baracaded myself in my bedroom crying .

she has taken me for coffee! X

- - - Updated - - -

Try not to feel stressed. You've been spooked by reading the Claimant's Witness Statement. Now is your chance to tell your side of the story in your Witness Statement.

Can you post/type up the Particulars of Claim (removing anything which could identify you) so it's clear what they are claiming and why they think they have the right to claim it.

You've filed your Defence with the help of another forum. Can you say roughly what you pleaded.

The Notice of Hearing would have given you the date of the hearing (when is it?) and also when you should file and serve your WS. This is sometimes 14 days before the hearing or a specific date.

You'll soon get things back on track with forum help

Di

Sorry I forgot to respond. My hearing is 27th of October I believe and documents need to be filed no later than September 29th.

i need to check this when I get back home.

[Amethyst]

Re: Please help, question regarding N180 form

I'll check emails - glad you have good friends about you xxx Try not to be worrying - nothing is unfixable Enjoy your coffee ! ( have a muffin too )

[Diana M]

Re: Please help, question regarding N180 form

My hearing is 27th of October I believe and documents need to be filed no later than September 29th.

If that is the case then you have plenty of time to file your WS and you'll have the added advantage of seeing their WS and evidence first.

Even though receiving it this morning gave you a fright it has also done you a favour

Di

[Ohfreeme]

Re: Please help, question regarding N180 form

Also Para 15 of their statement does say they sent the agreement after your initial request and have attached a copy of the letter - did you get that at the time they say they sent it ?

I know it says that but it's a complete lie. They have never sent me a credit agreement.

just what I have posted/emailed.

[Amethyst]

Re: Please help, question regarding N180 form

Can you check if your email might have bounced back ( possibly too big ) ? as nothing's appeared yet.... or try my personal email amethyst1664@hotmail.co.uk - I have the other PDF you posted on here fine, but you'd left your name on the response pack so have modded it for now.

Is there no credit agreement attached to the witness statement ? If not, what is at pages 1 to 3 ?

[Ohfreeme]

Re: Please help, question regarding N180 form

Can you check if your email might have bounced back ( possibly too big ) ? as nothing's appeared yet.... or try my personal email amethyst1664@hotmail.co.uk - I have the other PDF you posted on here fine, but you'd left your name on the response pack so have modded it for now.

Is there no credit agreement attached to the witness statement ? If not, what is at pages 1 to 3 ?

I've tried sending it again to the email address above.


They sent me a copy of a letter apparently from the OC but with no name attached.

They sent a table with some of my personal details, a print out of transactions and also the letter saying the credit agreement is attached.

I have not at any point received a credit agreement.

Is the letter that is meant to be from the OC even classed as evidence? I could knock up the letter myself in mins!

I didn't respond to them initially because I could tell the letter was fake from the OC. They where sent in the same envelope and I could tell it was badly put together on a word processor.

When Lowell sent me the claim letter, I was recovering from surgery and there wasn't much I could do as I was bed bound.

Before I lost my marbles,Data protection and fraud where my specialties, working in the public sector.

[Amethyst]

Re: Please help, question regarding N180 form

Got it.

How bizarre that they have said in the Witness Statement that they have sent the Agreement, enclose a letter saying they have sent the agreement, but not ever actually sent the agreement. I suppose they are hoping it will show up so they can say ''here is the one we sent'' in court.

If that's everything they have sent you then they have failed to comply with your section 78 CCA request .

So letter that says they enclose the agreement ( but didn't, just the digital application thingy) ...

[Amethyst]

Re: Please help, question regarding N180 form

Default notice

[Amethyst]

Re: Please help, question regarding N180 form

Notice of Assignment

[Amethyst]

Re: Please help, question regarding N180 form

And THIS is what they are saying is the agreement (presumably as they haven't included any agreement, just this... and there are no terms )
Just confirm Ohfreeme - is this what was in the WS at pages 1-3 of the exhibits?

[Ohfreeme]

Re: Please help, question regarding N180 form

Got it.

How bizarre that they have said in the Witness Statement that they have sent the Agreement, enclose a letter saying they have sent the agreement, but not ever actually sent the agreement. I suppose they are hoping it will show up so they can say ''here is the one we sent'' in court.

If that's everything they have sent you then they have failed to comply with your section 78 CCA request .

So letter that says they enclose the agreement ( but didn't, just the digital application thingy) ...

That's what I thought, the tone of the witness stament is what upset me.

I didnt think i should respond when my request had not been fulfilled.

I think I will work on my own witness statement pointing out that the agreement has never been received.

What did you think of the letter from the Original creditor?

Seems odd to write a letter confirming information with no contact detail and not even addressed to me.

Looks like a standard template...

- - - Updated - - -

And THIS is what they are saying is the agreement (presumably as they haven't included any agreement, just this... and there are no terms )
Just confirm Ohfreeme - is this what was in the WS at pages 1-3 of the exhibits?

Yep that is it, not even somewhere showing where I should or would have clicked to sign...

- - - Updated - - -

Also a print out of transactions... No terms and conditions etc. X