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Re: Letter Of Claim BW Legal
BETWEEN:
Lowell (Claimant)
- And -
Stu (Defendant)
_________________________________
WITNESS STATEMENT OF Stu
_________________________________
I Stu of 1 Close, ENGLAND AB12 3DC 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 due to be heard on 00/00/2016 at courts.
1. This claim is for a credit agreement regulated under the Consumer Credit Act 1974. I believe this account was opened in 2004. I do not recall signing a consumer credit agreement at that time and I do not hold any copy of this agreement or terms of the agreement. An original account was opened with a company called "Littlewoods".
2. On the 25th of April I received a Letter of Claim from BWLegal working on behalf of Lowell portfolio 1 Ltd [EXHIBIT F] with regards a debt of I had no knowledge of stating I must make contact before 5th of May 2016 or proceeding will be issued. Amount of which was mentioned £ 2.***.**.
3. On the 25th of April I sent a consumer credit agreement request to Lowell Portfolio 1 Ltd along with a £1 postal order for statutory fee's [EXHIBIT G] to get a better understanding of the alleged debt. Although it was delivered and signed for on the 26th April 2016 [EXHIBIT J] there was no responce from Lowell portfolio 1 Ltd.
4. On the 25th of April I responded to BWLegal' "Letter of claim" [EXHIBIT H] before the deadline of 5th of May stating I have no knowledge of this debt and that I am disputing their claim and would require more infomation. This letter was received and signed for by BWLegal on the 26th of April 2016 [EXHIBIT I]. No responce was given.
5. On the 10th of May 2016 I received a claim form from the County Court Business Centre, Northampton, for the amount of £ 1.***.**
6. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued. The particulars of claim failed to state when the agreement was entered into.
7. On 13th of May 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].
8. On 13th of May 2016 I made again 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 [EXHIBIT B]. I also provided at this time a £1 postal order for statutory fee only [EXHIBIT C]. This was delivered and signed for on the 17th May 2016
9. On 25th of May 2016 the Claimants solicitors replied [EXHIBIT D] to my written request without the requested documents.
10. On the 20th of August I received a letter from BWLegal which claimed to be the requested documents "Copy of agreement" - "Statement of account" - "Notice of assignment" [EXHIBIT E]
11. The document supplied to me in response has number of discrepancies that lead me to conclude that this is not a true copy of the consumer credit agreement 1974 regulated credit agreement and it does not therefore satisfy my request made on date.
*The apparent CCA signed on behalf of shop direct in 2004 but Shop Direct did not become part of littlewoods until 2005*
*Late payment charges show £12 in the consumer credit agreement provided but the £12 charge was not implemented until 2006 from office of fair trading before hand and in 2004 it would be £25*
*PayPoint charge in the Statement of account shows 35p but in the CCA it states £1 would the charge be*
*In the consumer credit agreement it shows a telephone number of beginning 0344 but these numbers did not begin until 2007*
*Last payment from the statement of account shows 23.7.2008 but was not defaulted until 26.7.2010 3 days short of 2 years after the cause of action making this debt Statute Barred*
*The consumer credit agreement does not relate to myself in any way it does not have my name or address on it nor my signature*
12. On the 20th of August I sent a letter [EXHIBIT E] to BWLegal with reference to the above points (*) and also stating as their own provided statement of account shows this debt would now be Statute Barred and in order to save further costs and court time that they should advise their client to discontinue the claim. No response was given.
13. The Claimant has mentioned the Credit Agreement, the Default Notice and the statement of account in its Statement of Case, although I have received some documents claiming to be the said documents I think the points raised above should be brought to the courts attention. 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.
14.I believe that given the statements above the alleged debt is unenforceable and the claim should be dismissed.
Statement of truth
________________________________________________
BETWEEN:
Lowell (Claimant)
- And -
Stu (Defendant)
_________________________________
WITNESS STATEMENT OF Stu
_________________________________
I Stu of 1 Close, ENGLAND AB12 3DC 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 due to be heard on 00/00/2016 at courts.
1. This claim is for a credit agreement regulated under the Consumer Credit Act 1974. I believe this account was opened in 2004. I do not recall signing a consumer credit agreement at that time and I do not hold any copy of this agreement or terms of the agreement. An original account was opened with a company called "Littlewoods".
2. On the 25th of April I received a Letter of Claim from BWLegal working on behalf of Lowell portfolio 1 Ltd [EXHIBIT F] with regards a debt of I had no knowledge of stating I must make contact before 5th of May 2016 or proceeding will be issued. Amount of which was mentioned £ 2.***.**.
3. On the 25th of April I sent a consumer credit agreement request to Lowell Portfolio 1 Ltd along with a £1 postal order for statutory fee's [EXHIBIT G] to get a better understanding of the alleged debt. Although it was delivered and signed for on the 26th April 2016 [EXHIBIT J] there was no responce from Lowell portfolio 1 Ltd.
4. On the 25th of April I responded to BWLegal' "Letter of claim" [EXHIBIT H] before the deadline of 5th of May stating I have no knowledge of this debt and that I am disputing their claim and would require more infomation. This letter was received and signed for by BWLegal on the 26th of April 2016 [EXHIBIT I]. No responce was given.
5. On the 10th of May 2016 I received a claim form from the County Court Business Centre, Northampton, for the amount of £ 1.***.**
6. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued. The particulars of claim failed to state when the agreement was entered into.
7. On 13th of May 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].
8. On 13th of May 2016 I made again 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 [EXHIBIT B]. I also provided at this time a £1 postal order for statutory fee only [EXHIBIT C]. This was delivered and signed for on the 17th May 2016
9. On 25th of May 2016 the Claimants solicitors replied [EXHIBIT D] to my written request without the requested documents.
10. On the 20th of August I received a letter from BWLegal which claimed to be the requested documents "Copy of agreement" - "Statement of account" - "Notice of assignment" [EXHIBIT E]
11. The document supplied to me in response has number of discrepancies that lead me to conclude that this is not a true copy of the consumer credit agreement 1974 regulated credit agreement and it does not therefore satisfy my request made on date.
*The apparent CCA signed on behalf of shop direct in 2004 but Shop Direct did not become part of littlewoods until 2005*
*Late payment charges show £12 in the consumer credit agreement provided but the £12 charge was not implemented until 2006 from office of fair trading before hand and in 2004 it would be £25*
*PayPoint charge in the Statement of account shows 35p but in the CCA it states £1 would the charge be*
*In the consumer credit agreement it shows a telephone number of beginning 0344 but these numbers did not begin until 2007*
*Last payment from the statement of account shows 23.7.2008 but was not defaulted until 26.7.2010 3 days short of 2 years after the cause of action making this debt Statute Barred*
*The consumer credit agreement does not relate to myself in any way it does not have my name or address on it nor my signature*
12. On the 20th of August I sent a letter [EXHIBIT E] to BWLegal with reference to the above points (*) and also stating as their own provided statement of account shows this debt would now be Statute Barred and in order to save further costs and court time that they should advise their client to discontinue the claim. No response was given.
13. The Claimant has mentioned the Credit Agreement, the Default Notice and the statement of account in its Statement of Case, although I have received some documents claiming to be the said documents I think the points raised above should be brought to the courts attention. 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.
14.I believe that given the statements above the alleged debt is unenforceable and the claim should be dismissed.
Statement of truth
________________________________________________
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