** DISCONTINUED ** B W LEGAL Claim Form

[dicklett]

Re: B W LEGAL Claim Form

Nem i dont have any witness and my defence is that the debt is statute barred at stated in my original defence, lowell haven't provided any info I've requested of them so do i just write to the court advising of this ? Sorry for sounding uberthick. Is there a suggested format that i write as like i did with my original defence ? .....

[Stu]

Re: B W LEGAL Claim Form

Dicklett don't look at it as though your "thick", this is not an easy process to deal with and one not many people do... they just let it run without responding and the company's win without a fight 90% of the time... you've got it this far and not much further to go.

[Amethyst]

Re: B W LEGAL Claim Form

Hi dicklett xx

You are your own witness. You just need to submit a simple witness statement stating that the debt is statute barred and you've had no info from the claimant. So include things like 'I have had no contact with the original creditor or any third party in relation to this alledged debt since xxxxxxx' If you want to have a start putting it together we can give you a hand refining it xxx Then a copy goes to the court and claimant with any exhibits.

here's a basic outline to help you get started ... it basically tells the story of the claim and your arguments in a first person manner.

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 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:

6:

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:

[dicklett]

Re: B W LEGAL Claim Form

Amethyst this is what i wasn't sure of thanks very much, appreciate that.

[dicklett]

Re: B W LEGAL Claim Form

Hi dicklett xx

You are your own witness. You just need to submit a simple witness statement stating that the debt is statute barred and you've had no info from the claimant. So include things like 'I have had no contact with the original creditor or any third party in relation to this alledged debt since xxxxxxx' If you want to have a start putting it together we can give you a hand refining it xxx Then a copy goes to the court and claimant with any exhibits.

here's a basic outline to help you get started ... it basically tells the story of the claim and your arguments in a first person manner.

So, it goes like this.......
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 14^TH MARCH 2016 I made a written request [EXHBIT A] under CPR 31.14 to the Claimant solicitors, XXXXXXX requesting inspection of documents under Civil Procedure Rule 31.14 and that the Claimant provides copies of all documents mentioned in the statement of case. [EXHIBIT B]

3. On 21^st March I received a letter [EXHIBIT C] from the Claimant solicitors stating they were awaiting documentation which they had requested from the original creditor and they would try to provide these documents but that it was contingent on them receiving them within a reasonable timescale.

4. On 4^th April 2016, I contacted the Claimant Solicitors [EXHIBIT D] stating that the alleged debt they are pursuing is Statute Barred and requested that they provide the necessary evidence of payments made. The last payment made to this account was in November 2009, over the 6-year limit. I reminded them of section 5 of the limitations act 1980 whereby they are unable to pursue me through the courts for this debt.

4: On 18^th April 2016 I received a letter [EXHIBIT E] from the Claimant Solicitors stating the agreement with the original creditor was breached on 1^st JUNE 2010 and that the cause of action ran from that date. Also that they were awaiting documentation to support this from the original creditor which would be provided as soon as possible.

5: On 24^th April 2016 I sent an email [EXHIBIT F] to the Claimant Solicitors remind them that they had failed to comply with my request under CPR31.14 and that I would now be requesting the documents directly from their client Lowell Portfolio.

6: On 30^th April I received a letter [EXHIBIT G] from the Claimant Solicitors advising they are currently awaiting documentation that they had requested from the original creditor. They would try to provide these documents within a reasonable time scale.

7: On 14^th May 2016, I sent a CCA Request letter [EXHIBIT H] to the original creditor xxxxxxxxx requesting a copy of the credit agreement that was mentioned in the particulars of claim on the claim form for XXXXXXX [EXHIBIT B}. A £1 fee was enclosed representing the fee payable under the act.

8: On 25^th May 2016 I received a copy the directions questionnaire submitted by the claimant solicitor’s xxxxxx

9. On 26^th May 2016, I sent an email to the claimant solicitors xxxxx reminding them that they had not provided any documents under my CPR31.14 request and asked again for them to provide the necessary documentation in relation to their claim.

10: On 27^th May 2016 I received a letter from xxxxx refunding the £1 fee and stating that my account was being managed by their solicitors xxxxx who will be in contact. This letter also stated that the account in question is not governed by the provisions of the Consumer Credit Act 1974 which is contradictory to the information contained within the particulars of claim [EXHIBIT B – HIGHLIGHTED TEXT].

Prior to point 1 I have received no notification from the Original Creditor in relation to the alleged debt.

Both the claimant and the claimant solicitors have not been able to provide any information requested as evidence to support their claim. The particulars of claim are not clear, they state that the claim relates to a telecoms agreement regulated by the Consumer Credit Act 1974, yet correspondence from the original creditor states the account is not governed by the Consumer Credit Act 1974. The claimant’s solicitors have also been reminded in writing that the debt they are pursuing is statute barred in accordance with the limitations act 1980, and by continuing is a substantial waste of the courts time.

Therefore, I believe the claimants claim is not valid and should be struck out.


Statement of Truth


Have i missed anything ?

[dicklett]

Re: B W LEGAL Claim Form

appreciate it if anyone could check over ?

[dicklett]

Re: B W LEGAL Claim Form

Hi today I have received a letter from B W Legal which states notice of discontinuance, with an attached signed sheet headed Notice of Discontinuance, does that mean thats the end of it ?

[Amethyst]

Re: B W LEGAL Claim Form

Well that is good news, yes it usually means that is the end of it, so you can screw up your draft WS now You should also get notification from the court at some point. Congratulations - you have won !

[Stu]

Re: ** DISCONTINUED ** B W LEGAL Claim Form

Very pleased for you... Well done