*** DISCONTINUED*** Help.. Received a Claim form!

[mattty]

Re: Help.. Received a Claim form!

HI again [MENTION=6]Amethyst[/MENTION], Does this statement sound okay?
Thanks
Matt

[Amethyst]

Re: Help.. Received a Claim form!

Just making a couple amendments for you xx

[mattty]

Re: Help.. Received a Claim form!

Thanks,much appreciated [MENTION=6]Amethyst[/MENTION]

[Amethyst]

Re: Help.. Received a Claim form!

Okay more on these lines - you can email it to the court ( with the exhibits - if you can get them all on one document ( print to PDF maybe) then that better) - need to put it in just before 4pm tomorrow.



IN THE CHELTENHAM AND GLOUCESTER COUNTY COURT
Claim No: XXXX
BETWEEN:
Lowell Portfolio I LTD
Claimant
- and –
Defendant
XXXXXX

WITNESS STATEMENT OF XXXXXX



I XXXXX 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. I received the claim in this case on 12/12/16. The Particulars of Claim were vague and I require more information from the Claimant in order to assess my case effectively.
3. On the 16/12/15 I sent a formal request for a copy of the original agreement to Lowell portfolio pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. (EXHIBIT A)
4. On the 16/12/15 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell solicitors limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. (EXHIBIT B)
5. On the 25/5/2016 I received an order dated ??????? from District Judge Singleton at Cheltenham County Court which ordered “The claimant do by 25 May 2016 file and serve a Reply to defence” and “copies of all the documents he intends to rely upon at the final hearing” (EXHIBIT C)
6. I did not receive a reply to defence or copies of any documents from the Claimant.
7. On 28/5/2016 I wrote to the Cheltenham County Court to inform the Judge that the order dated xxxxxxxx had not been complied with by the Claimant. (EXHIBIT D)
8. On 30/5/16 I telephone the Cheltenham County Court and was informed nothing had been received.
9. On 18/6/16 I received a further order dated ??????? from District Judge Singleton which stated the court had received my letter dated 28/5/16 and ordered that “Claimant do fully comply with the order of 7 May 2016” “by 4pm on 21 June 2016, failing which the Claimant’s claim do stand struck out” (EXHIBIT E)
10. I have received nothing from the Claimant and therefore respectfully request the Court strike out the Claimant’s claim.
11. Should I receive documents from the Claimant after submitting my Witness Statement and before 4pm on 21st June 2016 I will be in a position to be able to amend my Defence and Witness Statement accordingly. I would request the court takes this into account when considering the sanctions consequences of the order dated ??????? (EXHIBIT E).

Statement of Truth

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


Signed: ________________________________

Dated:

[mattty]

Re: Help.. Received a Claim form!

[MENTION=6]Amethyst[/MENTION] thanks so much,sounds much better
and thanks,i didn't realise i could email them,so will do this tomorrow morning to give me time to attatch all the exhibits. Regarding exhibit A,B would i send copies of letters i sent them,or receipts/proof of postage as i kept them too?

[mattty]

Re: Help.. Received a Claim form!

Hi it's me again ,
I have emailed my Witness statement and Exhibits (had to attatch one document as could not get it onto one document,so hope thats okay)
Anyway all emailed and had a automated reply email with a section that reads
(In accordance with HMCTS policy, your email will be dealt with or responded to within 10 working days following date of receipt and will not necessarily take priority over items sent by post.)

Will that still mean that i got my witness statement in on time even if not looked at today?
Let's hope that the Judge decides in my favour and has the claim struck out. Still have not received anything from Lowell either.
Thanks for all your help since December when this all started.
Matt

[nemesis45]

Re: Help.. Received a Claim form!

Hi it's me again ,
I have emailed my Witness statement and Exhibits (had to attatch one document as could not get it onto one document,so hope thats okay)
Anyway all emailed and had a automated reply email with a section that reads
(In accordance with HMCTS policy, your email will be dealt with or responded to within 10 working days following date of receipt and will not necessarily take priority over items sent by post.)

Will that still mean that i got my witness statement in on time even if not looked at today?
Let's hope that the Judge decides in my favour and has the claim struck out. Still have not received anything from Lowell either.
Thanks for all your help since December when this all started.
Matt

Should be fine Matty.

nem

[mattty]

Re: Help.. Received a Claim form!

Thanks [MENTION=55034]nemesis45[/MENTION]
let's hope the end to all this is near
Can't thank you and others enough for all your help.:clap2:

[mattty]

Re: Help.. Received a Claim form!

Hi everyone, just wanted to ask your advice,
Do you think i should give the court a call? Obviously myself and lowell had till 21st june to get documents in ect which i did,should i call court to see if lowell have complied,see if it has been struck out as it was stated it would be if either parties failed to comply?
I still ha;ve not received anything from Lowell or Lowell solicitors so i would of thought they have not. the hearing was original planned for 7th july so its getting close.
Thanks

[MIKE770]

Re: Help.. Received a Claim form!

Ring and ask them the state of the case - probably stayed/struck out by now!

[nemesis45]

Re: Help.. Received a Claim form!

Hi everyone, just wanted to ask your advice,
Do you think i should give the court a call? Obviously myself and lowell had till 21st june to get documents in ect which i did,should i call court to see if lowell have complied,see if it has been struck out as it was stated it would be if either parties failed to comply?
I still ha;ve not received anything from Lowell or Lowell solicitors so i would of thought they have not. the hearing was original planned for 7th july so its getting close.
Thanks

Bear in mind that courts don't work weekend and a backlog in the system so just 5 days inc. today since submission of WS.

No more from Lowell/solicitors?

nem

[mattty]

Re: Help.. Received a Claim form!

Thanks and [MENTION=55034]nemesis45[/MENTION] nope still nothing from Lowell/solicitors. Just getting concerned as the original hearing for the case is 7th July that i can not attend becuase of work. Just didn't know whether to ring and explain that aswell as asking if it has been struck out "fingers crosssed"
matt

[nemesis45]

Re: Help.. Received a Claim form!

Thanks and @nemesis45 nope still nothing from Lowell/solicitors. Just getting concerned as the original hearing for the case is 7th July that i can not attend becuase of work. Just didn't know whether to ring and explain that aswell as asking if it has been struck out "fingers crosssed"
matt

No chance of time off Matty?

You can ask the court to consider the claim with reply to it in your absence but it is risky.

nem

[mattty]

Re: Help.. Received a Claim form!

[MENTION=55034]nemesis45[/MENTION] i already asked for time off,but too many people already off that week so highly doubt it. I just about managed to get a hour off a few weeks back for my wives antenatal appointment (scan as we are expecting).
will give them a call tomorrow i think ask the state of claim and take it from there,hopefully they can reschedule if need be
thanks
matty

[nemesis45]

Re: Help.. Received a Claim form!

@nemesis45 i already asked for time off,but too many people already off that week so highly doubt it. I just about managed to get a hour off a few weeks back for my wives antenatal appointment (scan as we are expecting).
will give them a call tomorrow i think ask the state of claim and take it from there,hopefully they can reschedule if need be
thanks
matty

I's hate to see you lose over an hour or so off work.

Good luck Matty.
I'm away for couple of days from tomorrow pm wont have much access to the net.

nem