*DISCONTINUED* !!! Lowell Portfolio 1 Ltd v Jojo13

[charitynjw]

Re: Lowell Portfolio 1 Ltd v Jojo13

I have read (on another thread) that on the day of the hearing (ie in the court waiting area), the Claimant's solicitor tried to hand the defendant copies of disclosure evidence.
I would do the same as that defendant; refuse to accept it & bring it to the Judge's attention.

[Jojo13]

Re: Lowell Portfolio 1 Ltd v Jojo13

Any advice as to what I should put in my witness statement, I'm still baffled by all this, thanks

[charitynjw]

Re: Lowell Portfolio 1 Ltd v Jojo13

[MENTION=6]Amethyst[/MENTION]'s guide to witness statements.

http://www.legalbeagles.info/forums/...ness-Statement

[Jojo13]

Re: Lowell Portfolio 1 Ltd v Jojo13

Hi [MENTION=6]Amethyst[/MENTION]/nemesis/charity

would you please double check the letter below and also I wanted to ask if its ok to add the line about a change of address?

Claim No: xxxxxxxxxxxxxxxxxx

Between Lowell Portfolio 1 Ltd Claimant.

and

xxxxxxxxxxxxxxxxxxxx Defendant.

I xxxxxxxxx am a litigant in person in this matter.

1. Since receiving this claim I have researched the history of the alleged debt, which it seems arises from an account with Additions (later rebranded Very) a catalogue shopping company.

2. I have no recollection of any such account nor I have I purchased or received any goods from this company.

3. Having checked the history of the alleged account with the original creditor it was stated that the account was opened on 5^th December 2009. an item (a pram) was ordered on 9^th February 2010 and was allegedly delivered within 2 working days of the ordering date (by 12^th February 2010).

4. I have no recollection of ever receiving this item.

5. The original creditor has confirmed that no payments have been made in relation to the account since its inception on 5^th December 2009.

6. I now aver that the alleged debt is statute barred under the provisions of section 5 of the Limitation Act 1980, no payment or written acknowledgment has been made in more than 6 years.

7. Further research has shown that debt purchase companies will argue that the relevant 6 year period starts on the date when an account is defaulted relying on BMW Finance - v - Hart, in regard to a motor finance (HP) account, this matter however arises from a simple contract and was statute barred on the date the claim was issued i.e. 17^th May 2016.

The defendant respectfully ask the court to allow this statement to be submitted in my defence.

This statement has been sent to the claimants solicitors on date 15^th November 2016.

Signed ............................................ Date .........................................

of: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
I would also like to take this opportunity to advise the Court that I have now moved to;
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx


Thank you

[Stu]

Re: Lowell Portfolio 1 Ltd v Jojo13

[MENTION=55034]nemesis45[/MENTION] [MENTION=5553]charitynjw[/MENTION]

[Jojo13]

Re: Lowell Portfolio 1 Ltd v Jojo13

I'm panicking now as I need to post this today!!
Would anyone please check it through for me?

[Amethyst]

Re: Lowell Portfolio 1 Ltd v Jojo13

I'll go through it after school run xxx

[Stu]

Re: Lowell Portfolio 1 Ltd v Jojo13

And get "coffeed" up yeah...

:ranger:

[Jojo13]

Re: Lowell Portfolio 1 Ltd v Jojo13

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

[Amethyst]

Re: Lowell Portfolio 1 Ltd v Jojo13

And get "coffeed" up yeah...

:ranger:

Back, coffee'd - reading back through the thread

[Amethyst]

Re: Lowell Portfolio 1 Ltd v Jojo13

Okay just checking facts first of all...

The order was placed 8th Feb 2010
The agreement is dated ?( it's been redacted from the copy posted up )
The signature is a tick box signature ?
The account was allegedly opened 5th December 2009. ( That's odd in itself as an account is normally not opened until a purchase is made )
The only order on the account was for this £212.50 pram - which you have no recollection of ordering or receiving.
The address is correct ( for the time of the order & delivery)
You could possibly have required a pram at that time as you had a small child?
No payments have ever been made.
They have no evidence of delivery.
Claim was issued 17th May 2016 - so over 6 years from order
Default notice 22 Aug 2011 - no copy received.

If you can just confirm all is correct please...

[Jojo13]

Re: Lowell Portfolio 1 Ltd v Jojo13

Yes that is absolutely correct [MENTION=6]Amethyst[/MENTION]

[Amethyst]

Re: Lowell Portfolio 1 Ltd v Jojo13

Perfect. I'll go through the WS and make a couple amendments now then

[Diana M]

Re: Lowell Portfolio 1 Ltd v Jojo13

Yes that is absolutely correct @Amethyst

Amethyst has asked what is the date showing on the redacted agreement.

Also can you confirm that you've not received a copy of the NOA yet. Do you recall receiving one at the time the account was transferred to Lowell?

Di

[Amethyst]

Re: Lowell Portfolio 1 Ltd v Jojo13

When you called Very - did you have to go through any security stuff for DPA ? or did they just tell you the info on your giving them name and account number ?

Amethyst has asked what is the date showing on the redacted agreement.

Indeed, yes I need that - should be, at a guess 5th Dec 2009.... also need to know if there was another order prior to the pram order or if Very said that was the first and only order ? Possibly something ordered and returned ? ( though doesn't show on the Very statement screenshot )

Also, before pleading in the WS about never having had the pram, can you have a think what colour the pram you used for little one around that time was, and poss ask your brother? what colour the one he passed on to you was ? ( just making absolutely sure your memory won't be jogged in court - it sounds like you were having a tough time back then so COULD have forgotten )

Also La Redoute - could you have had a pram from them? I know you have said that account was used and paid off by you.