**STRUCK OUT!!** Lowell solicitors and ccj with Northampton County Court

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Hi guys me again 🙈

I just want to get a bit of advice on the above post for my witness statement, would this be sufficient to send off?

Do I need to request again a cca /car to Lowells or will sending the witness statement to them be sufficient in seeing if they produce any documents at all?

What's the chances they have sent stuff to the old address that was my ex Partners (she would not tell me if things had arrived) even though they have my address in which they sent the county court documents to? I'm just thinking about things all day everyday about this and how sly they could be?

I've not had anything off them to be able to defend this or even work out what it's made up of, charges, late payments, Lowell charges etc...

Also the date of the court case in my local court is 20 oct and what do I do there? do I attend, will Lowells be there?

So do I hang on sending the witness statement to the courts and Lowells (I know they have to be submitted 14 days before the date) in the hope they have not sent off any documents they have? If ANY as I've not have anything off them, would they make a mistake and help my defence as they were a month late paying the hearing fee

If they have sent docs to the courts will I get a copy?

If the worst case scenario happens and they win the case and get a ccj, how does this work? Would I have time to try get some money together and pay? Or is it I pay and I still get a ccj?

Apologies for the seemingly long 'rant' I'm at a point now where I'm panicking and anxiety is really kicking in

[Kati]

Re: Lowell solicitors and ccj with Northampton County Court

no apologies needed [MENTION=83724]Roddaz77[/MENTION] ... we're here to help :nod:

I'll tag [MENTION=55034]nemesis45[/MENTION] for you xx

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Hi guys me again 

I just want to get a bit of advice on the above post for my witness statement, would this be sufficient to send off?

Do I need to request again a cca /car to Lowells or will sending the witness statement to them be sufficient in seeing if they produce any documents at all?

What's the chances they have sent stuff to the old address that was my ex Partners (she would not tell me if things had arrived) even though they have my address in which they sent the county court documents to? I'm just thinking about things all day everyday about this and how sly they could be?

I've not had anything off them to be able to defend this or even work out what it's made up of, charges, late payments, Lowell charges etc...

Also the date of the court case in my local court is 20 oct and what do I do there? do I attend, will Lowells be there?

So do I hang on sending the witness statement to the courts and Lowells (I know they have to be submitted 14 days before the date) in the hope they have not sent off any documents they have? If ANY as I've not have anything off them, would they make a mistake and help my defence as they were a month late paying the hearing fee

If they have sent docs to the courts will I get a copy?

If the worst case scenario happens and they win the case and get a ccj, how does this work? Would I have time to try get some money together and pay? Or is it I pay and I still get a ccj?

Apologies for the seemingly long 'rant' I'm at a point now where I'm panicking and anxiety is really kicking in

Hello Roddaz,

One thing first don't get stressed or panic over this as @Kati said we are here to help you.!!

Now your questions:

1. No don't request the CCA again.

2. Your WS will say that you made the request and it was not complied with.

3. If they have sent anything to another address but have managed to send a claim to the correct address that's some thing we can't know for sure.

4. If the above has happened they may well produce letters in court or via their WS that have a different address on them ( It's happened before and the judge was not amused)

5. You should receive their WS at least 14 days prior to the hearing with all the documents on which they intend to rely. You Must Keep to the timescale for this so post 2-3 days early and send by signed for post.

6. If they do win you have 28 days to pay in full and a CCJ is not recorded.

7. A court will not order you to pay more than you can reasonably afford without causing you/your family hardship.

8. As previously said post your WS here and we will go through it with you.

Lowell are in the habit of instructing local solicitors or litigation paralegals to attend court on their behalf or the will say the are not attending and will rely on their WS and documents filed with the court.

It is always best to attend a hearing so you don't give the claimant a free hand with the judge.

Small claims hearing are heard in judges chambers, there will be Just you, the claimants rep (if they turn up and the judge, maybe a clerk.

The should be addressed as Sir/ Madam, don't interrupt the judge But do ask questions about anything you are unsure of.

You can take a friend with you say to take notes but they will not be allowed to speak.

nem

Don't stress:judgey: nem

[Kati]

Re: Lowell solicitors and ccj with Northampton County Court

Example Witness Statement (to give you an idea of what to do ) - http://legalbeagles.info/forums/show...ness-Statement

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

You guys are the best

Thanks so much nem and thank you Kati for the link

I'll send mine off (once you guys have looked over it) around the 2nd October so it's in with the judge in time for the hearing

Have a happy Saturday, mines already got a little better now 😀

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Got my friend to write up something for me. They have come up with this, please advise if I need to add or change anything please and again THANK YOU so much for your help

IN THE **** COUNTY COURT


Claim No. ****



BETWEEN:

Lowell (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 the claim.

2. This claim is for a credit agreement regulated under the Consumer Credit Act 1974. I however I do not recall signing any credit agreement and do not hold a copy of the agreement or terms of that agreement. The original account was opened with a company called VERY.

3. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at.

4. On 4th April 2016 I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of £1. [EXHIBITS A and B].

(A being the letter and Being the Postal Order reciept from the postoffice)

5. Consumer Credit Act s.78(1) states

Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

6. The Claimant has failed to comply with s.77(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement.

7. Consumer Credit Act s.78(6) states;

If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

8. On 4th April 2016, in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case

9. The Claimant has not adhered to this request and as of todays date I still have not received any documents in the form of a Credit Agreement, the Default Notice and the Assignment in its Statement of Case. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time.

10.The Claimant has paid late the hearing fee a month late and I have not heard anything from them regarding this account since they sent me a CCJ Claim form.







Statement of Truth



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





Signed: ________________________________



Dated:

[Kati]

Re: Lowell solicitors and ccj with Northampton County Court

Looks good to me Roddaz ... I'll tag [MENTION=55034]nemesis45[/MENTION] to have a gander too xx

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Thanks Kati

Lets hope Lowells fail to supply anything now after reading on the other threads it hopeful

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Thanks Kati

Lets hope Lowells fail to supply anything now after reading on the other threads it hopeful

Well Done Roddaz !! Good to go. 1 copy court, 1 copy sols and 1 + spare if you have to go to a hearing,


nem

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Just packaged up the evidence and the copies of the WS to be sent off, want to send them as late as I can so I don't give Lowells the heads up on my 'defence' I want them to think I'm clueless, (and not seeking help from you guys) so my question is that I am in court on the 19th October. 14 days before the docs need to be at the courts (on the 5th) so when would you suggest sending them, would they be best sent special guaranteed on the 4th to get there on the 5th (the deadline) or sent off on the first recorded?

Also what if they don't send any witness statement, I've been reading on the other posts about this not happening?

Thanks again 😬

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Just a quick one .... the times approaching quick where I am gonna fight Lowells til the end!!

When sending in the witness statement I know it's 14 days before the day...

But does that include weekends?

So if my date is the 19th and I send on the 3rd they get on the 5th that's ok?

Or do I need to send off tomorrow and they get it the 1st?

Just need a heads up, I don't want it to be late, or too early and they get reminded to send there's !!!

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

Just a quick one .... the times approaching quick where I am gonna fight Lowells til the end!!

When sending in the witness statement I know it's 14 days before the day...

But does that include weekends?

So if my date is the 19th and I send on the 3rd they get on the 5th that's ok?

Or do I need to send off tomorrow and they get it the 1st?

Just need a heads up, I don't want it to be late, or too early and they get reminded to send there's !!!

##

Yes it's A least 14 Calendar Days before the hearing.

nem

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

All paperwork sent off to the courts today sent off recorded and a copy to the solicitors of these horrid people.

Still nothing recieved from them in the way of documents, defaults or even a witness statement from them as yet.

Court hearing in just over 2 weeks, let's see how this ends

Keep your fingers crossed for me 🙈

[nemesis45]

Re: Lowell solicitors and ccj with Northampton County Court

All paperwork sent off to the courts today sent off recorded and a copy to the solicitors of these horrid people.

Still nothing recieved from them in the way of documents, defaults or even a witness statement from them as yet.

Court hearing in just over 2 weeks, let's see how this ends

Keep your fingers crossed for me 

Well Done Rod!!

:juge::juge:
Good luck!!

nem

[Roddaz77]

Re: Lowell solicitors and ccj with Northampton County Court

Thanks nem

Well it's now the 11th which means it's only 8 days to the big day!

The cut off point (14 days) before has long passed and STILL nothing from Lowell. Wonder if they will actually produce anything on the day?

Let's see how this pans out 🙏