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

[Amethyst]

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.

[Amethyst]

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.

[kelike28]

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?

[kelike28]

Re: BC/Lowell V Kelike28

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

[kelike28]

Re: BC/Lowell V Kelike28

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

[kelike28]

Re: BC/Lowell V Kelike28

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 )

Aww sorry. I emailed the lot. Ok If you can advise on the ws that would be brill

[Amethyst]

Re: BC/Lowell V Kelike28

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 )

[kelike28]

Re: BC/Lowell V Kelike28

Do I need to send you everything? All exhibits? To check Ok or not?

[kelike28]

Re: BC/Lowell V Kelike28

I'd put them as separate exhibits (the letter and proof of delivery) next to each other (ie. Letter = A proof = B ) and yes all the letters classed as exhibits. If it is too much we can cut it down a bit but may as well start with everything.

And yes include the CCA letter - you can wipe everything on the example I posted and list all your letters up, then we can help you put some more of the 'arguments' in to the Witness Statement.

Going to try and scan now. I will email them over and hopefully you can attach to the thread minus my details. I've no idea how to do it. Thanks

[Amethyst]

Re: BC/Lowell V Kelike28

Thanks for that...

Where would i include my CCA letter to Lowell? Also do i name the letter Exhibit A then the proof of delivery Exhibit B or is that just classed as a continuation of A? Then are all the correspondences classed as Exhibits? I have 12 pages so far of emails letters back and forth.


Cheers

I'd put them as separate exhibits (the letter and proof of delivery) next to each other (ie. Letter = A proof = B ) and yes all the letters classed as exhibits. If it is too much we can cut it down a bit but may as well start with everything.

And yes include the CCA letter - you can wipe everything on the example I posted and list all your letters up, then we can help you put some more of the 'arguments' in to the Witness Statement.

[kelike28]

Re: BC/Lowell V Kelike28

This is the CPR application example which should get you started xx




IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

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

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

3. On XXXXXXXXXX 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]

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 XXXXXXXXXX , I contacted the Claimants by telephone/in writing ....summarise what was said and/or attach [EXHIBITS] 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.

Add in any further contact between yourself and the Claimants here and attach written documents as EXHIBITS

7. 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 XXXXX Original Creditor XXXX under account reference XXXXXXXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXXX Original Creditor XXXX 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 .... xxxx

Statement of Truth

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


Signed: ________________________________

Dated:

Thanks for that...

Where would i include my CCA letter to Lowell? Also do i name the letter Exhibit A then the proof of delivery Exhibit B or is that just classed as a continuation of A? Then are all the correspondences classed as Exhibits? I have 12 pages so far of emails letters back and forth.


Cheers

[Amethyst]

Re: BC/Lowell V Kelike28

This is the CPR application example which should get you started xx




IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

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

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

3. On XXXXXXXXXX 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]

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 XXXXXXXXXX , I contacted the Claimants by telephone/in writing ....summarise what was said and/or attach [EXHIBITS] 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.

Add in any further contact between yourself and the Claimants here and attach written documents as EXHIBITS

7. 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 XXXXX Original Creditor XXXX under account reference XXXXXXXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXXX Original Creditor XXXX 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 .... xxxx

Statement of Truth

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


Signed: ________________________________

Dated:

[kelike28]

Re: BC/Lowell V Kelike28

Okay not sure what that meant then lol, but yes, the judge has decided you should have a go at mediating, then you have to do witness statements 14 days before the hearing which he's listed for an hour and a half.

So we can be working on the witness statement soon as you've dealt with the mediation.

You've still not had the CCA have you?

Morning

Just getting prepared so have printed order of events. What would be my starting page and do I end with my witness statement? If poss can you advise me on this. Thanks

[Amethyst]

Re: BC/Lowell V Kelike28

Cheers babe xx

[Kafka]

Re: BC/Lowell V Kelike28

Nice one well done.

Kafka or Kelkie - You don't fancy typing out a little 'guide' to how the mediation works ? who calls who etc, as I get asked a lot, and I only know what people have mentioned on posts on here.

I'll do something later