** DISCONTINUED ** Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

This may be a bit clearer, my files are always too big to upload and I do not know how to manually alter the dimensions lol x

But he does say -

6) Each party must deliver to the other party and to the court offices copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

7) The original documents must be brought to the hearing.

So here is fingers crossed xx

Yes, and now I can see it also says "The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order", meaning they can't just spring a surprise document at the hearing.

You may want to look at this:

Quick note to say that flatmate received a Notice of Discontinuance of his case. It says that the claimant discontinues all of this claim.

:grin: :grin: :grin:

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Have just had a phone call from the Small Claims Mediation service, about trying to arrange an appointment for mediation. She said could not book appointment as I would be at a disadvantage to discussing it because I have had no paperwork from either party about the claim. She said I would be better off continuing with the court date as they would have to produce the paperwork to the court prior to the date.

I take it I now have to wait to see what happens?
Will I get told in advance if they have not produced paperwork to the court prior to the date, also what documents do I need to send to the court prior to the case to comply with my side?

Once again many thanks.

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Have just had a phone call from the Small Claims Mediation service, about trying to arrange an appointment for mediation. She said could not book appointment as I would be at a disadvantage to discussing it because I have had no paperwork from either party about the claim. She said I would be better off continuing with the court date as they would have to produce the paperwork to the court prior to the date.

I take it I now have to wait to see what happens?

Yes, that's just standard procedure. Let's not forget the purpose of mediation is to reach a settlement, and you would hardly be willing to settle when they've not supplied you with anything to back up their claim. :ranger:

Will I get told in advance if they have not produced paperwork to the court prior to the date, also what documents do I need to send to the court prior to the case to comply with my side?

You'll need to draft a witness statement to go with the documents which are attached as exhibits. This should give you an idea: http://www.legalbeagles.info/forums/...147#post573147

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Here is a copy of my witness statement that has been sent out today recorded delivery.
Copy to be sent to BCarter as instructed.


IN THE *** COUNTY COURT

Claim No. *****


BETWEEN:
LOWELL PORTFOLIO I LTD
Claimant
- And –
Defendant
****

_________________________________

WITNESS STATEMENT OF *** ***
_________________________________




I ***** being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in this claim which is to be heard on ****. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. On the *** 2015, I received a claim from the county court business centre, Northampton, for the amount of £****.00

3. The particulars of claim fail to state when the agreement was entered into, when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

4. The particulars of claim state that this claim is being for debts arising from consumer credit act 1974 agreements, the claimant is an assignee of the following debts, notice of the assignment having been given to the defendant. HBOS PLC under account reference ***** being assigned to the claimant on *****. The defendant failed to maintain contractual repayment under terms of the agreement. The claimant therefore claims the sum of £***** and £***** interest under s.69 county courts act 1984 and costs.

5. On the ^***** 2015, I sent a request for inspection of documents mentioned in the claimant’s statement of case under civil procedure rule 31.14 to the claimants solicitors [EXHIBIT A]


6: On the ***** 2015, 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 along with the statutory £1 fee [EXHIBIT B]

7. On the ***** 2015, the claimant’s solicitors replied to my written request without the requested documents [EXHIBIT C]

8. On the ***** 2015, I sent a further request for inspection of documents mentioned in the claimant’s statement of case to the claimants solicitors [EXHIBIT D]



9. On the ***** 2015, I received another reply from the claimant's solicitors still without the requested documents, stating that they intended to proceed with this matter, but offering me negotiation to pay off the amount without going to court. [EXHIBIT E]

10. On the ***** 2015, I received a letter from the claimant's solicitors, that they think it will most properly be allocated to the Small Claims Track as a simple contractual matter and therefore Part 31 of the Civil Procedure Rules will therefore not apply. That they were seeking further instructions for my request for evidence. [EXHIBIT F]

10. This is a claim in my married name that I have not used for 15 years. [EXHIBIT G]



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. I am still waiting for the paperwork from them so that I can see exactly to what the debt relates to, as since our divorce some were paid off by my now ex-husband.

12. As I have not used this name for so long 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. To date I’ve not received a copy of the consumer credit agreement, therefore I’m unable to accurately identify as to what the claim refers.

Statement of Truth


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

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

That should make the point, not least the last three items.

Best of luck and keep us posted. :ranger:

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Thanks FlamingParrot, let's hope so, will keep you informed.
With the court date on the 29th Oct time is running out for the documents to be sent to the court.
I have still received nothing, so fingers crossed.

Hopefully I will not need to go, but will be in touch if it looks like I might for inspiration and for a confidence boost xx

Thanks for all your help so far xx

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Thanks FlamingParrot, let's hope so, will keep you informed.
With the court date on the 29th Oct time is running out for the documents to be sent to the court.
I have still received nothing, so fingers crossed.

It is running out, I've seen earlier on this thread that they were given the usual directions to supply them at least 14 days before the date which is this week. If they've not been able to get their hands on them, their chances are not looking very good now. ray: ray: ray:

Hopefully I will not need to go, but will be in touch if it looks like I might for inspiration and for a confidence boost xx

Thanks for all your help so far xx

Absolutely! Do keep us posted! :typing:

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

WAHOOOOO - Look what I got today.....

A letter from Mr BC saying.....

"Please find enclosed, by way of service, a Notice of Discontinuance of this case"

along with a "Notice of discontinuance"

I take it that the court will also write to me now to confirm this?
Is there anything that I have to do now?

Getting excited xx

[MIKE770]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Ring the courts monday/tuesday just to confirm they had their copy

[Amethyst]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Super ! Well done You're virtually there.

Just check with the court next week that they have received the NOD from Bryan Carter and that should be the end of it for you xxx

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Thanks so much for all your help - will let you know when I have spoken to the court on Monday xx

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

WAHOOOOO - Look what I got today.....

A letter from Mr BC saying.....

"Please find enclosed, by way of service, a Notice of Discontinuance of this case"

along with a "Notice of discontinuance"

I take it that the court will also write to me now to confirm this?
Is there anything that I have to do now?

Getting excited xx

WOW! Looks like we're on a roll!

Yet again, here's to Lowell with Lots of Love :cheer2: :cheer2: :cheer2:

[LittleB]

Re: ** DISCONTINUED ** Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Today phoned the court and they have a note on file to say "it has been settled",
it's official.....

Its over and finished - yay xxx

Bottle of wine to celebrate tonight xx

Many thanks for all your help, I as so grateful for all your help with this - knowing my luck I may be back but at least next time I will not panic and get depressed again.

Big pat on the back to you all - yet again proof it can be done xx

Lets all do the happy dance xx