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

[kelike28]

Re: BC/Lowell V Kelike28

Dicks.

We haven't sent the WS yet have we - what date are we sending that in?

(just noticed we have a couple stray s.77's in it so need to fix that should all be s 78's as running credit )

Nope. Sending WS Wednesday next week. X ok. Wil take a look at where I need to amend... so i just replace with s.78 or extra wording too. Thanks

[Amethyst]

Re: BC/Lowell V Kelike28

Dicks.

We haven't sent the WS yet have we - what date are we sending that in?

(just noticed we have a couple stray s.77's in it so need to fix that should all be s 78's as running credit )

[kelike28]

Re: BC/Lowell V Kelike28

Yes they do tend to pay the hearing fee, bit of a waste of money, but I think they pay it to stress out the defendants. Have you still not had any documents?

Hi again

No absolutely zilch!

[Amethyst]

Re: BC/Lowell V Kelike28

Yes they do tend to pay the hearing fee, bit of a waste of money, but I think they pay it to stress out the defendants. Have you still not had any documents?

[kelike28]

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

Morning all.

Just thought I'd check if BC had made payment for the hearing and sadly they have. Just wondering If they have been known to do this and not turn up anyway? Assuming as they have gone this far that they will be sending their witness statement to me by next week as directed by the court. Do they have to send something or can they get away with that too?

[Amethyst]

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

[kelike28]

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.

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.

[Amethyst]

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.

[kelike28]

Re: BC/Lowell V Kelike28

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?

[Amethyst]

Re: BC/Lowell V Kelike28

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.

[kelike28]

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:

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

[Amethyst]

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:

[Amethyst]

Re: BC/Lowell V Kelike28

Got it ta xxx

[kelike28]

Re: BC/Lowell V Kelike28

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

[kelike28]

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.

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