****DISCONTINUED***** Small Claims Track - Lowell

[Amethyst]

Re: Small Claims Track - Lowell

Pretty much.

[charitynjw]

Re: Small Claims Track - Lowell

Well thank you muchly kind sir

You are most welcome, ma'am.
As you well know, I try not to be too controversial.

[oddball]

Re: Small Claims Track - Lowell

Hi, a couple of questions as I am preparing the Witness Statement and still have some weeks left to do so :

1) Should I mention the fact that the Court requested this go to SC mediation service (twice) but although I agreed to this (twice) it couldn't go ahead due to non receipt of the docs - Agreement etc?

2) Can I email the WS to the Court and if so, what's the latest time I can do so before the due date? or should I post and if so does it need to be recorded delivery?

3) Must the exhibits accompany the email (or post) and if so should they be attached as seperate documents or put into the one document?

4) Where I put the amount claimed, is that the amount including the Court fees and legal reps costs?

Thank you for any help again,

[warwick65]

Re: Small Claims Track - Lowell

You can email it and 4pm is the deadline I believe although I would post it if I am honest

Remember you also need to send it to the claimant

[oddball]

Re: Small Claims Track - Lowell

Hi, my Witness Statement, could somebody cast a quick eye over it to see if it's OK. Wasn't sure whether to add the fact this has gone to small claims mediation service twice and failed because of lack of documents?

IN THE XXXX COUNTY COURT
Claim No. XXXX

BETWEEN:
Claimant
XXXX Financial Limited

AND
Defendant
XXXX

_________________________________

WITNESS STATEMENT OF XXXX
_________________________________



I XXXX, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On or around the 10^th XXXX 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £300.88.

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that this claim is for “a Home Shopping agreement regulated by the Consumer Credit Act 1974” between the original creditor and the defendant. I have no idea what this is.

5. On 15^th September 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents pursuant to CPR 31.14 and mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Lowell Financial Limited, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT B].

6. On 15^th September 2016 I made 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 C].

7. On 9^th November 2016 the Claimants solicitors sent me a letter [EXHIBIT D] but none of the requested documents were supplied to me.

8. On 21^st November 2016 I received a copy of the Directions Questionnaire from the Claimants solicitors [EXHIBIT E].

9. I have not received any of the documents mentioned in the claimants claim form.

11. The Claimant has mentioned the Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

12. The Claimants pleaded case is that the Defendant entered into an agreement with XXXX Limited under account reference XXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products in the past however the account number given does not relate to any information I have and I have not had any agreement with XXXX Limited, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

Statement of Truth

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


Signed: ________________________________

Dated: ________________________________

[Amethyst]

Re: Small Claims Track - Lowell

I'd add in the mediation efforts. All grist to the mill.

[oddball]

Re: Small Claims Track - Lowell

Well what can I say - YIPPEE it's been discontinued.

Posted Witness Statements 'signed for' day before it was due and quite honestly been a bit worried. I also emailed the Court so I knew they had their copy but was disheartened when I checked the tracking for the solicitors which said they tried to deliver it the next day but it was 'redirected'. They finally got it Monday and I was worried but thought hey not my problem if they didn't tell me they had moved or whatever. Anyhows today got letter from them and they have discontinued the court case and filing it with the Court.

I am so thankful to all those people who have helped me on Leagle Beagles. Muchly appreciated. And to those people currently in cases with Lowell Portfolio I can only say fight on!

[MIKE770]

Re: Small Claims Track - Lowell

well done = ring the court next week to confirm they received the discontinuance notice

[charitynjw]

Re: Small Claims Track - Lowell

Nice one, oddball.

I'll let @Amethyst & @Kati know........they like a good discontinue!

[oddball]

Re: Small Claims Track - Lowell

To be honest I wasn't sure where to put this post as it's no longer a 'question' or an issue. But guess somebody will move it if not in the right place. I'm so happy I can't think straight, but then I started off like that eh?

[Amethyst]

Re: Small Claims Track - Lowell

Well what can I say - YIPPEE it's been discontinued.

Posted Witness Statements 'signed for' day before it was due and quite honestly been a bit worried. I also emailed the Court so I knew they had their copy but was disheartened when I checked the tracking for the solicitors which said they tried to deliver it the next day but it was 'redirected'. They finally got it Monday and I was worried but thought hey not my problem if they didn't tell me they had moved or whatever. Anyhows today got letter from them and they have discontinued the court case and filing it with the Court.

I am so thankful to all those people who have helped me on Leagle Beagles. Muchly appreciated. And to those people currently in cases with Lowell Portfolio I can only say fight on!

WOOOHOOOOOO !!!!! Congrats oddball

[oddball]

Re: ****DISCONTINUED***** Small Claims Track - Lowell

FYI; Hi, Got confirmation from Court in letter 2 days later.

[MIKE770]

Re: ****DISCONTINUED***** Small Claims Track - Lowell

well done

[charitynjw]

Re: ****DISCONTINUED***** Small Claims Track - Lowell



Keep it safe!

[oddball]

Re: ****DISCONTINUED***** Small Claims Track - Lowell

Funny you should mention that, I was going to ask if this could be restarted again at a later date only I was thinking about throwing away all the Court stuff, defence and Witness statements - should I keep them then?