** WON ** DISCONTINUED *** Lowell / Bryan Carter Solicitors - advice please

[nemesis45]

Re: Lowell / Bryan Carter Solicitors - advice please

I have filled in the form and will return their email with the following response. Could you please confirm if it is suitable? Thank you again for all the help so far.

"Thank you for the information below. I have completed the form and as you can see I am unable to answer yes to all questions. I have requested paperwork from Lowell Portfolio which they have not supplied. Without this paperwork, I am not in a position to make any agreements.


Regards"

That's fine you have showed willing, so all in your favour!!

nem

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Received this just now.....

"Good Morning,
Thank you for your email. If this is the case then mediation will not be suitable for this matter.

What will happen next is the case will be transferred out to a local County Court and be reviewed by a District Judge. Please await an order from the District Judge outlining instructions on how best to proceed. If the District Judge refers the case back to mediation, we may be able to offer you another appointment.

I hope that this is of some assistance, but should you have any further queries, please do not hesitate to contact us.

Regards,"

[nemesis45]

Re: Lowell / Bryan Carter Solicitors - advice please

Received this just now.....

"Good Morning,
Thank you for your email. If this is the case then mediation will not be suitable for this matter.

What will happen next is the case will be transferred out to a local County Court and be reviewed by a District Judge. Please await an order from the District Judge outlining instructions on how best to proceed. If the District Judge refers the case back to mediation, we may be able to offer you another appointment.

I hope that this is of some assistance, but should you have any further queries, please do not hesitate to contact us.

Regards,"

Expected reply shirl, the court will be in contact soon.

nem

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

I have now received a Notice of Allocation to the Small Claims Track (Hearing)

in essence...

The hearing will take place on 6th November at my local County Court.

A hearing fee of £115 is payable by 6th October by the claimant.....

By 8th October each party must send to the Court and to every other party copies of all documents upon which that party intends to rely at the hearing. This includes the written statements of themselves and of any other witnesses (if any)


So, I need to send copies of all my communications with Bryan Carter and my statement of defence that I already sent to the court. Is that right or have I misunderstood?

Thank you again in appreciation of the help so far.

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

I have now received a Notice of Allocation to the Small Claims Track (Hearing)

in essence...

The hearing will take place on 6th November at my local County Court.

A hearing fee of £115 is payable by 6th October by the claimant.....

By 8th October each party must send to the Court and to every other party copies of all documents upon which that party intends to rely at the hearing. This includes the written statements of themselves and of any other witnesses (if any)

So, I need to send copies of all my communications with Bryan Carter and my statement of defence that I already sent to the court. Is that right or have I misunderstood?

Thank you again in appreciation of the help so far.

That means they have to send you the documents they've not sent you so far, if they've not been able to get their dirty hands on them in such a long time, what are the chances of them obtaining them in the next few weeks? :flypig: :flypig: :flypig:

You need to draft a witness statement to accompany your communications which should be attached as exhibits. This is along the same lines as your defence but slightly different, you'll find examples here: http://www.legalbeagles.info/forums/...ness-Statement

Give it a go and post up your draft when you're ready. :typing:

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

That means they have to send you the documents they've not sent you so far, if they've not been able to get their dirty hands on them in such a long time, what are the chances of them obtaining them in the next few weeks? :flypig: :flypig: :flypig:

You need to draft a witness statement to accompany your communications which should be attached as exhibits. This is along the same lines as your defence but slightly different, you'll find examples here: http://www.legalbeagles.info/forums/...ness-Statement

Give it a go and post up your draft when you're ready. :typing:

Here goes with the draft - sorry, it took me ages to get it all straight. Fuzzy brain will insist on being fuzzy!

Had to copy and paste as for some reason it won't link..


IN THE XXXXXXXXXXXXXXXXX COUNTY COURT


Claim No. XXXXXXXX

BETWEEN:
LOWELL PORTFOLIO 1 LTD
Claimant
- and –
Defendant
SHIRLTHEGIRL

_________________________________

WITNESS STATEMENT OF SHIRLTHEGIRL
_________________________________



I STG of ABC address 123 being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim which is to be heard on 6^th November 2015 at XXX Country Court.

1. On or around the 18th May 2015, I received a claims form from the County Court Business Centre, Northampton, for the amount of £944.31

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that this claim is for “monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974”. I have no record of this.

5. On 19^th May 2015 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the particulars of claim [EXHIBIT A].
6. On or around 26^th May 2015 the Claimants solicitors replied [EXHIBIT B] to my written request without the requested documents.
7. On 1^st June 2015 I made a formal written request, enclosing a postal order for £1.00, 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 [EXHIBIT C]. I have not received any response to this request.
8. On 1^st June 2015, I contacted the Claimants solicitors [EXHIBIT D] 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.

9. The Claimant replied to my second request on 5^th June 2015 [EXHIBIT E] and failed to supply any documents that I requested.

11. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Particulars of Claim and yet it has provided none of these documents despite my entitlement to inspect these documents.

12. The Claimants pleaded case is that the Defendant entered into an agreement with Lloyds under account reference ******************. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Lloyds 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.

Statement of Truth

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


Signed: ________________________________

Dated: ________________________________

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

4. The particulars of claim state that this claim is for “monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974”. I have no record of this.

12. The Claimants pleaded case is that the Defendant entered into an agreement with Lloyds under account reference ******************. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Lloyds 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.

The two statements above appear a bit contradictory to me, item 4 says you have no record of your agreement yet item 12 says you admit to having had accounts with Lloyds. I'd be inclined to consolidate them into one where you say that, although you admit you had accounts with Lloyds, the particulars of claim do not give you enough information to ascertain which account this claims refer to and the quoted account number doesn't match any of the Lloyds accounts you had, and you'd need a copy of the agreement to be able to determine which account this claim refers to. :thumb:

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

The two statements above appear a bit contradictory to me, item 4 says you have no record of your agreement yet item 12 says you admit to having had accounts with Lloyds. I'd be inclined to consolidate them into one where you say that, although you admit you had accounts with Lloyds, the particulars of claim do not give you enough information to ascertain which account this claims refer to and the quoted account number doesn't match any of the Lloyds accounts you had, and you'd need a copy of the agreement to be able to determine which account this claim refers to. :thumb:

Oh yes, I see that - too easy to miss stuff like that when your head is full of dates!

Would I be best to remove item 4 and consolidate at 12 (which will then be 11)? Or just remove the last bit from 4?

Thank you so much.

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

Oh yes, I see that - too easy to miss stuff like that when your head is full of dates!

Would I be best to remove item 4 and consolidate at 12 (which will then be 11)? Or just remove the last bit from 4?

Thank you so much.

Morning

I would be inclined to consolidate at 12 (which will then be 11 as you say). :thumb:

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Morning

I would be inclined to consolidate at 12 (which will then be 11 as you say). :thumb:

Oops, it is actually number 10! I had missed out a number.

Does this look right?.....

10. The Claimants particulars of claim states that this claim is for monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974, detailing that the Defendant entered into an agreement with Lloyds under account reference ******************. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Lloyds 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.

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

Yes, that makes the point. :thumb: I didn't spot the numbering glitch either, I was reading the actual text rather than the numbers, I'd normally use automatic numbering for something like that.

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Thank you so much for all your help. I assume I mark the relevant exhibits in the top right corner and that photocopies are sufficient.

I am to send this to every other party - does that mean the court, Bryan Carter and Lowell? Should I be receiving paperwork from them too?

[rocky1987]

Re: Lowell / Bryan Carter Solicitors - advice please

Hi Shirl,

I have a court hearing on the 15th October and have sent my supporting documents on Tuesday 29th 16 days before my court hearing. I was advised by these brilliant beagles to send a copy recorded and signed for to the court and a copy to the claimants solicitors plus also have the original copy for yourself. They also advised me to have two extra copies to take on the day of the hearing should anybody say that they didn't receive theirs.

If you search the site for my username it should take you to my page where you can see how I get on in 2 weeks

Cheers
Ro

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

hi rocky - thanks for your comment - best of luck for the 15th.

[nemesis45]

Re: Lowell / Bryan Carter Solicitors - advice please

Thank you so much for all your help. I assume I mark the relevant exhibits in the top right corner and that photocopies are sufficient.

I am to send this to every other party - does that mean the court, Bryan Carter and Lowell? Should I be receiving paperwork from them too?

If you have original of documents mentioned in your defence and/or witness statement you should have those with you in court.

nem