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

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  • #46
    Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

    It's better.


    The purpose of your witness statement is to evidence facts which are mentioned in you defence and expanded upon in your skeleton argument. For example, part of your defence is that you sent a S78 request which is unfulfilled and thus a defence to the claim by way of S78(6). Your argument does not evidence your claim to have made a request or that you didn't get a reply. That's where the witness statement comes in. Unless that is challenged the court will accept it as a fact and your skeleton argument that S78(6) is a defence wins (unless they are given another chance to put it right).

    M1

    Comment


    • #47
      Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

      Hi Guy's,

      I'm just updating this thread so that it may help others in the same boat.

      Below is my revised witness statement that was submitted to the court on 3rd December 2014 @12pm.
      ************************************************** *******************************

      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;

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

      1. On or around the **** May 2014, I received a claims form from the County Court Business Centre, Northampton, for the amount of *******.

      2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.


      3. The particulars of claim fail to state when the agreement was entered into.

      4. The particulars of claim state that this claim is for “an agreement between the original creditor and the defendant to provide financial and/or services and/or goods”. I have no idea what this is.

      5. 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].

      6. 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].

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

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

      9. 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.

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

      11. 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.

      12. 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 to M1 for their invaluable advice!
      Last edited by bigontv123; 8th December 2014, 21:46:PM.

      Comment


      • #48
        Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

        Hi All,

        The Reason for the update above is because I got an early Christmas present :w_nikolaus_187: from
        :candycane2:Bryan Carter Solicitors :candycane2: today.
        It was a letter and it goes a little like this....

        ************************************************** **********************************
        1st Letter

        Date: 03 December 2014

        Our client: Lowell Financial Limited Account number: *************************
        Brand/Product: HBOS plc Our ref: ************

        Dear Mr Bigontv123,

        Lowell Portfolio I Ltd v Mr Bigontv123
        Claim No. *********
        ---------------------------------------------------------------------------------------------
        Please find enclosed, by way of service, a Notice of Discontinuance of this case.

        Yours Sincerely
        Bryan Carter Solicitors LLP

        ************************************************** ************************************************
        2nd letter
        N279 -w3 Notice of Discontinuance (6.99)

        Notice Of discontinuance

        in the county court at **********
        claim number: *********
        Claimant: Lowell Portfolio I Ltd
        Defendant: Mr Bigontv123

        To the court:
        The Claimant:
        Discontinues all of this claim against the defendant.

        I certify that I have served a copy of this notice on every other party to the proceedings.
        Signed and dated

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

        Comment


        • #49
          Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

          Thanks for everyone that helped me with this problem especially M1 for this advice back on the 15th May.........


          Do I need to send a CCA and CPR request
          You don't need to but it's in your interest.

          They won't have the paperwork but might be able to obtain it. That paperwork might contain fatal flaws too.

          If it's your intention to settle you can still do this afterwards so it's nearly a free shot asking for paperwork.

          M1

          Thanks again to ohitsonlyme, okateo and Twinks143 for advice and knowing that I'm not the only one going through this.

          Amethyst for the calming, reassuring advice and for putting this website together.

          And finally, all the other good people on this site that make the magic happen!

          Thanks again!

          Bigontv123

          Comment


          • #50
            Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

            Originally posted by bigontv123 View Post
            2nd letter
            N279 -w3 Notice of Discontinuance (6.99)

            Notice Of discontinuance

            in the county court at **********
            claim number: *********
            Claimant: Lowell Portfolio I Ltd
            Defendant: Mr Bigontv123

            To the court:
            The Claimant:
            Discontinues all of this claim against the defendant.

            I certify that I have served a copy of this notice on every other party to the proceedings.
            Signed and dated

            ************************************************** *******************************************
            Bloody marvellous xxx Well done you xxxx
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #51
              Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

              ps. Welcome to VIP officially too xxxx and thank you for your support It is very much appreciated xxxx
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #52
                Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                Well done you. This is an early Christmas present for a lot of people on here as it gives so many hope. Thanks for posting up all the details. You star!sFun_thewave.gif

                An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
                ~ Anonymous

                Comment


                • #53
                  Re: ** DISCONTINUED ** Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv12

                  Great early Christmas present, what could be better than beating the Dynamic Duo into submission?


                  :cancan::cancan::cancan:

                  Comment


                  • #54
                    Re: ** DISCONTINUED ** Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv12

                    Thanks again guys!

                    At the beginning of this journey I really thought that I was stuffed. I made a few bad decisions in life and ended up in this mess.

                    I looked on the internet and found this site. Looked at a few similar posts from people that were in the same situation as me and decided to start a thread myself and seek advice.

                    Lowell and Bryan Carter were asking for an amount that I could not afford and they were adding the court costs (about 500) on top of this. There was also the threat of a CCJ being registered against me. They forced me into a corner were the only thing that I could do was to defend the claim.... After all I was paying for the court appearance.

                    As M1 said... "If it's your intention to settle you can still do this afterwards so it's nearly a free shot asking for paperwork." And what great advice this was!

                    I will never get into this kind of trouble again and I am grateful that I have, somehow managed to get through this. I hope that this thread helps other people in a similar position to me, and if so, that they also donate to keep this great website free and accessible to everyone!

                    Thanks again guys

                    Comment


                    • #55
                      Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                      Originally posted by Amethyst View Post
                      Bloody marvellous xxx Well done you xxxx
                      Well done, and thanks to everyone who's posted up helpful stuff. I'm about to do battle with 1st Credit. Hope I get a Christmas as nice as this one!

                      Comment


                      • #56
                        Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                        Hi Stonybroke, just stick to the advice and you will not go far wrong. they need to prove that they have the right to take the money from you. if they cant then you will win!
                        Good luck!

                        Comment


                        • #57
                          Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                          Wow - that is great news. It just goes to show that it is worth fighting these big boys rather than just accepting there is nothing you can do. I too would have been lost without this fantastic site and the wonderful help I have been given.

                          I hope that I too will have the same result..... fingers crossed, and well done for pursuing it.

                          Twinks x

                          Comment


                          • #58
                            Re: ** DISCONTINUED ** Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv12

                            I got a notice of discontinuance too this morning. Such a relief to not have this hanging over my head. Definitely worth pursuing. One happy bunny and extremely grateful for all the help I've received from this site

                            Comment


                            • #59
                              Re: ** DISCONTINUED ** Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv12

                              Well done you! Onwards and upwards.

                              Comment


                              • #60
                                Re: ** DISCONTINUED ** Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv12

                                Great news! :cheer2::cheer2::cheer2:

                                Goes to show it can be done! :thumb: :thumb: :thumb:

                                Comment

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