*** DISCONTINUED *** Letter Of Claim BW Legal

[nemesis45]

Re: Letter Of Claim BW Legal

Hello Stu,

Add in at the bottom e.g.

12. The account from which the alleged debt arises was signed in 2004 and as such the claimant must produce the original signed agreement.

I'd also renumber with out all the a, b c each point has its own merit.

nem

[Stu]

Re: Letter Of Claim BW Legal

Point marked abc have now got their own 12/13/14 etc and for point 12 how does this sound

"12. The account from which the alleged debt arises was opened in 2004 and as such the claimant must produce the original signed agreement as stated in s127(3) of the pre 2007 regulated agreements"

[charitynjw]

Re: Letter Of Claim BW Legal

Point marked abc have now got their own 12/13/14 etc and for point 12 how does this sound

"12. The account from which the alleged debt arises was opened in 2004 and as such the claimant must produce the original signed agreement as stated in the Consumer Credit Act 1974 (as enacted) s127(3) for pre 2007 regulated agreements"

Just my opinion, Stu.

[Stu]

Re: Letter Of Claim BW Legal

That's brilliant Charity, it's all certainly coming together with the ongoing help thanks

[Stu]

Re: Letter Of Claim BW Legal

Update you clever people....

The hearing fee and it HAS been paid and I will now need to send the witness statements out...

I will leave BW legal' til the 13th day and send special delivery but I feel I need to get to grips with the WS and how the layout works and should look so I could do with your fine help, so could you guys n gals have 1 final look over it please.

IN THE EARE COUNTY COURT


Claim No. ABC12345




BETWEEN:


Lowell (Claimant)


- And -


Stu (Defendant)


_________________________________


WITNESS STATEMENT OF Stu


_________________________________


I Stu of (AREA) 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 at 12:00 am, on 30/11/2016 at AREA county court.


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's 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 BW Legal working on behalf of Lowell portfolio 1 Ltd [EXHIBIT A] with regards a debt I had no knowledge of stating I must make contact before the 5th of May 2016 to discuss or pay the balance or proceeding will be issued via the county court. Amount 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 to get a better understanding of the alleged debt. Although it was delivered and signed for on the 26th April 2016. [EXHIBIT B]. There was no response from Lowell portfolio 1 Ltd.


4. On the 25th of April I responded to BW Legal' "Letter of claim" stating I have no knowledge of this debt and that I am disputing their claim and would require more information. This letter was received and signed for by BW Legal on the 26th of April 2016. [EXHIBIT C]. No response 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.***.**.


5. (a) Service of the claim was acknowledged by myself on the 12th of May 2016.


6. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have occurred. 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 under CPR31.14. This was delivered and signed for on the 16th of May 2016. [EXHIBIT D].


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. I also provided at this time a £1 postal order for the statutory purposes.This was delivered and signed for on the 17th May 2016. [EXHIBIT E].


9. On 25th of May 2016 the Claimants solicitors replied [EXHIBIT F] to my written request without the requested documents.


10. On the 20th of August I received a letter from BW Legal which claimed to be the requested documents "Copy of agreement" - "Statement of account" - "Notice of assignment" [EXHIBIT G]


11. The documents supplied to me from BW Legal in response to this case has a 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 requests made on 25th of April and 13th of May.


12. The account from which the alleged debt arises was opened in 2004 and as such the claimant must produce the original signed agreement as stated in the Consumer Credit Act 1974 (as enacted) s127(3) for pre 2007 regulated agreements


13. The consumer credit agreement supplied is signed on behalf of shop direct in 2004 but Shop Direct did not become part of littlewoods until 2005.


14. Late payment charges show £12 in the consumer credit agreement provided but the £12 charge was not implemented until 2006 from the office of fair trading before hand and in 2004 it would have been £25.


15. PayPoint charge in the Statement of account shows 35p charge but in the CCA it states £1 would the charge be.


16. In the consumer credit agreement it shows a telephone number of 0344 822 800 but numbers starting with the sequence "03" did not begin until March 2007.


17. 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.


18. The consumer credit agreement does not relate to myself in any way it does not have my name, address nor my signature on it at any point and is merely a blank copy.


19. On the 20th of August I sent a letter [EXHIBIT H] to BW Legal with regards their previous letter dated 17th of August making reference to the above points and also stating as their own provided statement of account shows this debt would now have been Statute Barred and in order to save further costs and court time that they should advise their client to discontinue the claim.


20. On the 21st of September I received a response from BW legal [EXHIBIT J] stating that a payment was allegedly made of £22.38 on the 20th January 2011, and that there is no issues regarding the documents sent.


21. 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 court's attention.


21. (a)The Claimant has not complied with my formal requests for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt.


22. I believe that given the statements above, the alleged debt is unenforceable and the claim should be dismissed.




Statement of truth
________________________________________________


I Stu, the defendant in this case, I believe the facts stated in this witness statement are true.


Stu.


Date 16/11/2016.

[Stu]

Re: Letter Of Claim BW Legal

Please guys n gals..??

Is this how the layout should look?

and regards exhibits do these bits need to be photocopied as is and just sent along with the above ?

Cheers

[Amethyst]

Re: Letter Of Claim BW Legal

Layout looks okay ( well, the alignments want doing) I'll check thefacts when I get back from train run.

[Stu]

Re: Letter Of Claim BW Legal

Much appreciated boss lady

[Amethyst]

Re: Letter Of Claim BW Legal

ignore... the numbering went to pot

[Amethyst]

Re: Letter Of Claim BW Legal

ahhh tits.... here a word doc

I've amended a couple bits of wording, minor changes, and you need to refer to specific paragraphs on the agreement where the faults are.... I've put X's

Also list the exhibits at the end then put the number of pages in total in the statement of truth ( consisting of X pages )

[Amethyst]

Re: Letter Of Claim BW Legal

Oh and on the exhibits write the exhibit ref in the top right of the page so easy to refer to xxx

[nemesis45]

Re: Letter Of Claim BW Legal

Please guys n gals..??

Is this how the layout should look?

and regards exhibits do these bits need to be photocopied as is and just sent along with the above ?

Cheers

Well done Stu!

Yes copies with the WS to claimants sols and the court.

You will need to take the originals to court If it gets that far.

nem

[Stu]

Re: Letter Of Claim BW Legal

I'm downloading word so I can open this up [MENTION=6]Amethyst[/MENTION] thanks very much 2 both ...

Hopefully self explanatory...

[Amethyst]

Re: Letter Of Claim BW Legal

Oh bum... here's open doc which should be fine with other word processing programmes

[Stu]

Re: Letter Of Claim BW Legal

I got microsoft word [MENTION=6]Amethyst[/MENTION] and that is brilliant and honestly... can't thank you enough and of course to everyone who has imputed their advice on this matter...

So I will send this to the courts in the next few days and I'll send Lowell's solicitors W/S special delivery on the 13th day so they can't get any advantage unless otherwise advised ... (Lowell do not get a copy do they ??)

Many thanks again