** WON ** Lowell/Bryan Carter - lloyds tsb - DISCONTINUED

[Amethyst]

Re: Lowell/Bryan Carter - lloyds tsb

Just paid for VIP to show my appreciation for your help

Thank you, it is very much appreciated and will help ensure we can keep the forum free to use in the future xx

Welcome to VIP xx

[Amethyst]

Re: Lowell/Bryan Carter - lloyds tsb

Bit of help with the N180 here http://www.legalbeagles.info/forums/...l-Claims-Track

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Sorry for no updates but was rushed into Hospital last week so been a bit poorly with my IBD :O(.
I sent the letter to lowells and BC got a reply from BC but not Lowells stating that their client had sent all statements and defaults as required previously before the claim was started ( I will update this later with the exact wording)
Sent the N180 to the courts and received my mediation call.
I told the person on the phone that I would be more than willing to mediate but BC/Lowells have not complied with my requests for documents so I did not fully understand the details so could therefore not mediate.
She said that there was nothing the mediation team could do and would refer the case to my local court.
I received BC's copy of N180 and it stated that 0 witnesses would attend the court.

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

The letter receive stated
it is our clients policy to provide agreements at the point of contract and statements through out the duration of the account, consequently you have previously been provided with validation of the debt.
evidence will be provided in accordance to court directions.

is this just their normal response ? Surely if the had evidence they would of produced it ? Which they haven't .

[MIKE770]

Re: Lowell/Bryan Carter - lloyds tsb

normal seen so many times

[nemesis45]

Re: Lowell/Bryan Carter - lloyds tsb

The DCA's/Debt Purchaser need to be stopped from avoiding sending documents which are requested under provision of statute law.

They hope to deceive and undermine the alleged debtor in the hope they will cave in companies like Lowell and Cabot are constantly bending the legislation to suit their own purposes.

Complain, Complain ,Complain, to the companies and the regulators!!

nem

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Quick update had my call with the mediation team and told them that BC or lowell would not comply with any requests I made so they said it would go to my local court.
This was a few weeks ago and I have heard nothing more wondering if I should contact the court to ask what's happening?

[Amethyst]

Re: Lowell/Bryan Carter - lloyds tsb

Doesn't hurt to give the court a call and see what's happening with the case now, it should have been sent to your local court and be waiting on directions. SO if northampton say it's gone to your court, then give your court a call. Northampton might be able to see on their screens anyway.

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Thanks.
i called my local court and they have said it was looked at by a judge and is sat in the box awaiting a letter to be typed and sent out so I should receive it in a few dats time.
will keep you updated

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Received my letter from the court and it has been allocated to the small claims track with a date beginning of May .

in the directions it states that any documents that are to be relied on must be sent to the court and other party but I don't have any documents apart from letters from BC not complying with any requests. Do I just send nothing?

Also so I must send all witness statements including my own but what do I put as I have nothing to say other than they have not sent me any details and when last payment was made on the account they refer to.

any help much appreciated

thanks

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Bump

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

I am running out of time any help would be greatly received

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Ok I have held off in the hope of some guidance but for some reason my posts have been over looked and I need to send off everything requested by the courts tomorrow so will have to wing it.
Will let you know the outcome.
thanks

[Amethyst]

Re: Lowell/Bryan Carter - lloyds tsb

Witness Statements and documents usually due around 14 days before the hearing - does your order give a specific date?

Your Witness Statement will just state basically what your defence stated about lack of documents and backing up your defence - if you draft it then peeps will be able to look it over for you xx You documents will, as you say, just be letters between the claimants and yourself.

-------------------------------------------------------------------------------------------------------------

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 this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. On xxxxxxxxxxxxxx 2014 I received the claim in this case.

3: The claim is for a xxxxxxxxxxxxxxxxxxxxxxx . I have in the past held an account with xxxxxxxxxxxxxx however the claimant has not produced any evidence to support their claim.

2. On XXXXXXXXXX 2014 I made a written request to the Claimant solicitors, xxxxxxxxxxxxxxxxx of xxxxxx address xxxxxxxxxxxx requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

3. On XXXXXXXXXX , I contacted the Claimants xxxxxxxxxxxxx

4: On xxxxxxxxxxx I received a letter [EXHIBIT B] from the Claimants stating xxxxxxxxxxxxx

5: I contend that this is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued.

6: xxxxxxxxxxxxxxxxxxxxxx

7: Therefore I believe the claimant xxxxxxxxxxxx


Statement of Truth

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


Signed: ________________________________

Dated:

[Niknaksky]

Re: Lowell/Bryan Carter - lloyds tsb

Hi Amethyst,
Thanks for that.
Yes they gave a specific date for all evidence and witness statements to be sent to court and claimant even though the hearing is not until early may.
Will try and get my witness statement done this morning and pop it up if anyone is online before I send it this afternoon.

Steve