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** DiScOnTinUeD ** BC/Lowell V Kelike28 ** WON **

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  • Re: BC/Lowell V Kelike28

    Originally posted by Amethyst View Post
    No, don't need the exhibits as well just the WS xx Emailing is fine.

    To attach to the thread there's instructions here http://www.legalbeagles.info/forums/...700#post431700 (basically click go advanced, click the paperclip icon and upload) Documents usually fail if they are too big (over 4mb or 1000px wide/tall) or are .docx (we only go up to .doc )
    Hi. Just wondering if you got my ws by email? Thanks

    Comment


    • Re: BC/Lowell V Kelike28

      Originally posted by Amethyst View Post
      No, don't need the exhibits as well just the WS xx Emailing is fine.

      To attach to the thread there's instructions here http://www.legalbeagles.info/forums/...700#post431700 (basically click go advanced, click the paperclip icon and upload) Documents usually fail if they are too big (over 4mb or 1000px wide/tall) or are .docx (we only go up to .doc )
      Hi Amethyst. Any joy with lookin by over my witness statement? Just wondering if Ok or far off what it should be? Thanks

      Comment


      • Re: BC/Lowell V Kelike28

        Also just reading the hearing letter again it says the Other side must make payment for it by 6th Oct. Am I allowed to call the court to ask if payment was made? As they say if it isn't the hearing will be removed. Does this mean just for that date or altogether cancelled?

        Comment


        • Re: BC/Lowell V Kelike28

          I've got your email will work through it shortly xx

          Yes you can call the court and see if they have paid / sent documents etc but remember they get a bit a leaway (just because) and they are likely to push it as far as they can.
          #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


          • Re: BC/Lowell V Kelike28

            I only have the email copies with the EXHIBIT written on ( 7 attachments) but not the WS

            On the emails their 'we can't send to an email address not in your name' is funny, as the email was sent to ummm an email address in your full name.
            #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


            • Re: BC/Lowell V Kelike28

              Originally posted by Amethyst View Post
              I only have the email copies with the EXHIBIT written on ( 7 attachments) but not the WS

              On the emails their 'we can't send to an email address not in your name' is funny, as the email was sent to ummm an email address in your full name.
              Shows what clowns they are!! Shall try and upload my first thing to site. Hopefully you will see my WS very soon. I thought id emailed it so no prob. Lets see if this works.

              Cheers

              Comment


              • Re: BC/Lowell V Kelike28

                Didn't work. Hopefully you can do from the email i sent you. Cheers

                Comment


                • Re: BC/Lowell V Kelike28

                  Got it ta xxx
                  #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


                  • Re: BC/Lowell V Kelike28

                    You'll need to re-order it once you have added the dates in so it runs in date order.



                    IN THE xxxxxxxxxxxxxx COUNTY COURT

                    Claim No. xxxxxx

                    BETWEEN:
                    Lowell Portfolio I LTD
                    Claimant
                    - and
                    Defendant
                    xxxxxx
                    _________________________________

                    WITNESS STATEMENT OF xxxxxx
                    _________________________________



                    I xxxxxxxx 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. This claim is for a running credit agreement regulated under the Consumer Credit Act 1974. I believe the account was opened in xxxxx, 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 called 'Very'.

                    3. Between xxxxx and xxxxx I ordered goods to be delivered to me on an account basis and made monthly payments towards the account. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at.

                    4. On xxxxxxxxxx I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of 1. [EXHIBITS C and D].

                    5. Consumer Credit Act s.78(1) states
                    Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of 1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,

                    (a)the state of the account, and
                    (b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

                    (c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.


                    6. The Claimant has failed to comply with s.77(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement.

                    7. Consumer Credit Act s.78(6) states;
                    (6)If the creditor under an agreement fails to comply with subsection (1)

                    (a)he is not entitled, while the default continues, to enforce the agreement;

                    8. On xxxxxx, in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBITS A and B].

                    9. On xxxxxx, I contacted the Claimants by email [EXHIBIT E] to confirm my Acknowledgement of Service and to ask for an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

                    10. I had a reply [EXHIBIT E.1] saying there could be no response by email for security reasons as the email address was not in the name they had for me. I explained that it is my maiden name which I now use and that I would like the claim form amending to show this. This request was not actioned.

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


                    Signed: ________________________________

                    Dated:
                    #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


                    • Re: BC/Lowell V Kelike28

                      Originally posted by Amethyst View Post
                      You'll need to re-order it once you have added the dates in so it runs in date order.



                      IN THE xxxxxxxxxxxxxx COUNTY COURT

                      Claim No. xxxxxx

                      BETWEEN:
                      Lowell Portfolio I LTD
                      Claimant
                      - and
                      Defendant
                      xxxxxx
                      _________________________________

                      WITNESS STATEMENT OF xxxxxx
                      _________________________________



                      I xxxxxxxx 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. This claim is for a running credit agreement regulated under the Consumer Credit Act 1974. I believe the account was opened in xxxxx, 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 called 'Very'.

                      3. Between xxxxx and xxxxx I ordered goods to be delivered to me on an account basis and made monthly payments towards the account. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at.

                      4. On xxxxxxxxxx I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of 1. [EXHIBITS C and D].

                      5. Consumer Credit Act s.78(1) states
                      Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of 1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,

                      (a)the state of the account, and
                      (b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

                      (c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.


                      6. The Claimant has failed to comply with s.77(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement.

                      7. Consumer Credit Act s.78(6) states;
                      (6)If the creditor under an agreement fails to comply with subsection (1)

                      (a)he is not entitled, while the default continues, to enforce the agreement;

                      8. On xxxxxx, in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBITS A and B].

                      9. On xxxxxx, I contacted the Claimants by email [EXHIBIT E] to confirm my Acknowledgement of Service and to ask for an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

                      10. I had a reply [EXHIBIT E.1] saying there could be no response by email for security reasons as the email address was not in the name they had for me. I explained that it is my maiden name which I now use and that I would like the claim form amending to show this. This request was not actioned.

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


                      Signed: ________________________________

                      Dated:
                      Ok great, should exhibits also be in order, the date is the same for A, B, C and D so is it best to put A and B one before C and D, also is it right im not using exhibits F and G, H and H.1???? Do i need to put my address where my name is above paragraph 1? Lastly do i keep hold of this until 14 days prior to case or just send asap?

                      Thanks heaps.xx

                      Comment


                      • Re: BC/Lowell V Kelike28

                        Originally posted by kelike28 View Post
                        Ok great, should exhibits also be in order, the date is the same for A, B, C and D so is it best to put A and B one before C and D, also is it right im not using exhibits F and G, H and H.1???? Do i need to put my address where my name is above paragraph 1? Lastly do i keep hold of this until 14 days prior to case or just send asap?

                        Thanks heaps.xx
                        No need for address

                        Yes change your exhibits so they run in order. Yes add the others back in but can be under a general 'communication with the Claimant to find out further information' type paragraph.
                        #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


                        • Re: BC/Lowell V Kelike28

                          Originally posted by Amethyst View Post
                          No need for address

                          Yes change your exhibits so they run in order. Yes add the others back in but can be under a general 'communication with the Claimant to find out further information' type paragraph.
                          Ok great. Have done. Shall send you for last glance over. If it's right do I send now or hold on until mid Oct?

                          Comment


                          • Re: BC/Lowell V Kelike28

                            I'd wait till 16 days before the hearing, just in case they come up with the credit agreement. If you send it now (as you need to send a copy to them as well) it might encourage them to make more effort finding it, so I'd wait.
                            #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


                            • Re: BC/Lowell V Kelike28

                              Originally posted by Amethyst View Post
                              I'd wait till 16 days before the hearing, just in case they come up with the credit agreement. If you send it now (as you need to send a copy to them as well) it might encourage them to make more effort finding it, so I'd wait.
                              Ok fine. Wil pop it in my diary. Then will send on that date. Cheers for all your help you superstar. Wil keep you posted.

                              Comment


                              • Re: BC/Lowell V Kelike28

                                That's okay, any time. We might need to amend further if you hear anything else from them.

                                Looks good so far though xxxxx
                                #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

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