** DISCONTINUED ** Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

[Amethyst]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Tough to mediate without the documents, so it's really going to be a case of ', it is really impossible until I have any documents that you're relying on to claim this debt so get those sent ' You requested the documents and expected them to have arrived before the mediation but still have nothing therefore there isn't much you can mediate on. That is basically what you tell the mediator lady/man.

[okateo]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

I'm heading towards the same point but have complained about Lowell and Bryan Carter so they've advised cout proceedings are on hold. I now have the chance to take it to the financial ombundsman but don't know if this will help or make things worse.
I don't know if court proceeding can be put 'on hold' so am awaiting court/mediation date.
If you haven't received any of the contract paperwork it will be difficult to mediate or go to court. You can't discuss anything without substance.

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Hello everyone,

Well it will soon be that time and I need to submit documents to the court for the hearing. Can anyone please advise me what I need to do to produce a Witness Statement or point me in the right direction?

Thanks in advance.

Bigontv123

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Hi Everyone,

Can anyone please advise me what I need to do to produce a Witness Statement or point me in the right direction?

Thanks in advance.

Bigontv123

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Hi Everyone,

Can anyone please advise me what I need to do to produce a Witness Statement or point me in the right direction?

Thanks in advance.

Bigontv123

Anybody?

[mystery1]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

1st thing to do is work out what you need for your case. You take the legal arguments and ask yourself "what evidence do i need to help my case"

Example, You are suing your neighbour because he damaged your car. Your legal case is he caused you loss (use of car, repairs etc) and your legal argument is the reason you should win. However none of that really goes in your witness statement because that's not where legal argument and case law should be, that's what you skeleton argument is for.

Your witness statement tells the court the vehicle is yours, you saw him vandalise it, you got quotes from garages a,b, &c, you took the bus to work blah blah.


Same thing in a CCA case. If it's a s127(3) argument you explain how you obtained credit. For s78 you explain how you asked for a copy of the agreement (don't explain why it matters in a WS that's a skeleton argument). If you claim the default notice is crap your witness statement will explain that you received it which dovetails with the legal argument etc



Format https://www.justice.gov.uk/courts/pr...ess-statements


https://civillitigationbrief.wordpre...om-down-under/

M1

[ohitsonlyme]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Is the hearing that you have a date for the trial or an allocation and directions hearing?
Take a look at my thread. If it is an allocation and directions you can ask for all of the documents you need to be provided.
Most important thing is not to let them stress you out I lost more sleep over my claim than it deserved in the end my agreement was deemed unenforceable
onlyme

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Hi all,

Thanks for all your help so far.

onlyme: I have tried looking on the forum for your thread but unable to find it. Has it been moved to VIP forum?

I think that this is for the allocation and direction hearing but not sure?

This is my first court appearance and I need the witness statement and exhibits to be at court tomorrow as this (Wednesday) is the last day before the 14 day deadline (I'm going to deliver it by hand). I thought that I would have enough time to sort this out by dealing with this on the 27/11/14 but now the deadline is looming. :tinysmile_aha_t:



Can someone just have a look through the statement just to make sure that the details and numbers are correct?

************************************************** ************************************************** *******************

IN THE ************* COUNTY COURT
Claim No. ***********

BETWEEN:
Claimant
Lowell Financial Limited

AND
Defendant
*****************

_________________________________

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



I ********* of ************ being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in the claim.

2. On ** May 2014 I made a written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

3, On ** May 2014 the Claimants solicitors replied [EXHIBIT B] to my written request without the requested documents.

4. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.

5. 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.

6. On ** May 2014 , I contacted the Claimants solicitors [EXHIBIT C] and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

7. The Claimant replied to my second request on 30^th May 2014 [EXHIBIT D] and failed to supply any documents that I requested.

8. 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.

9. 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 banking products with HBOS 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.

10. I therefore ask that the Court orders the Claimant to provide copies of the documents.

Statement of Truth

I, *************, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________


Thanks in advance

Bigontv123

[Amethyst]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

You should be able to read now http://www.legalbeagles.info/forums/...fence-lowel-BC

[Amethyst]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Am just going through WS and checking back through your thread, one thing jumps out, you haven't mentioned the CCA request ?

This is your defence, http://www.legalbeagles.info/forums/...239#post445239 , so remember to include the same points in your witness statement in the way of eg. On xxxxx I sent a formal request for a copy of the regulated agreement under s.77-79 of the Consumer Credit Act 19794. The Claimant has failed to provide the required documents to me and as such is unable to enforce the agreement pursuant to s.78(6) Consumer Credit Act 1974. .....

[Amethyst]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Hello everyone,

Well it will soon be that time and I need to submit documents to the court for the hearing. Can anyone please advise me what I need to do to produce a Witness Statement or point me in the right direction?

Thanks in advance.

Bigontv123

Looking back I don't actually know what happened in between end of July and you having a hearing date ... can you fill in the gap a bit - what happened with mediation, have you had a copy of the agreement etc etc ?


Your WS is in the right format and wording, I think you might have used an example from a CPR 31.14 application WS so it needs more detail surrounding the actual debt.

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Looking back I don't actually know what happened in between end of July and you having a hearing date ... can you fill in the gap a bit - what happened with mediation, have you had a copy of the agreement etc etc ?

Hi Amethyst,

Nothing has happened. Filled out paperwork from court and advised that I could not make the first two weeks in October. I then got a hearing date for December. The mediation people rang but I was at work and was unable to take their call so I did not bother ringing them back as I had nothing to negotiate as I had not been supplied with the documents.

I’ll complete the WS as soon as I get back from work today. I should be back by 5.30pm.

Thanks for all your help

Bigontv123

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Hi Amethyst,

I have added the CCA requests. Does this seem to be ok? Do I need to include everything that I put in my defence?

************************************************** ****************************

IN THE ***************** COUNTY COURT
Claim No. *******

BETWEEN:
Claimant
Lowell Financial Limited

AND
Defendant
*************

_________________________________

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



I ***********, being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in the claim.

2. On **** May 2014 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Lowell Financial Limited, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT B].

3. On **** May 2014 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT C].

4. On **** May 2014 the Claimants solicitors replied [EXHIBIT D] to my written request without the requested documents.

5. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.

6. 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.

7. On **** May 2014 , I contacted the Claimants solicitors [EXHIBIT E] and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

8. The Claimant replied to my second request on **** May 2014 [EXHIBIT F] and failed to supply any documents that I requested.

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 banking products with **** 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 therefore ask that the Court orders the Claimant to provide copies of the documents.

Statement of Truth

I, ***************, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________

[mystery1]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

5. Opinion has no place in a WS.

6. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. <<< remove

The Claimant has failed to provide >>>> I have not received

11. Remove. It is a WS not a begging letter.

M1

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Thanks Mystery1,

I have amended. is this ok?
Do I need to include everything that I put in my defence?

************************************************** ***************************
IN THE ************ COUNTY COURT
Claim No. *********

BETWEEN:
Claimant
Lowell Financial Limited

AND
Defendant
************

_________________________________

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



I *********, being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in the claim.

2. On **** May 2014 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Lowell Financial Limited, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT B].

3. On **** May 2014 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT C].

4. On **** May 2014 the Claimants solicitors replied [EXHIBIT D] to my written request without the requested documents.

5. I have not received any of the documents mentioned in the claimants claim form.

6. On **** May 2014 , I contacted the Claimants solicitors [EXHIBIT E] and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

7. The Claimant replied to my second request on **** May 2014 [EXHIBIT F] and failed to supply any documents that I requested.

8. 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.

9. 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 banking products with **** 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.

Statement of Truth

I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________

************************************************** ****************************

Thanks again for all your help.

Bigontv123