**DISCONTINUED**Witness Statement not received - Court Date 14/07/17

[jon34]

Re: Witness Statement not received - Court Date 14/07/17

I don'tknow if that is a put down from you.

But I will say this. If the defendant in this claim, should they win at Hearing, should be entitled to a costs award even on the small claims track, if the claimant has shown that they have not followed the correct CPR rules. and I am sure that I have read somwhere on here that is possible and there is a specific cpr rule that covers this.

I am sure that a speculative claim that has no merit should be covered under this.

[Diana M]

Re: Witness Statement not received - Court Date 14/07/17

given the fact that there is a lot of conflicting evidence given by the claimant in both the P.o.C and their witness statement. If the claimant has instigated their claim on a purely speculative nature in attempt to stop the statute barred clock. ?

They may well have issued a 'speculative' claim to beat the SB date but that would make no difference to the fact that they HAVE issued a claim so the SB clock has stopped ticking.

The Claimant's motive for issuing a claim has no impact on the cause of action.

Di

[jon34]

Re: Witness Statement not received - Court Date 14/07/17

Legal proceedings have already been issued. The Statute Barred clock stops when a claim is issued.

The hearing is listed for 14th July.

Di

I do appreciate that. However given the fact that there is a lot of conflicting evidence given by the claimant in both the P.o.C and their witness statement. If the claimant has instigated their claim on a purely speculative nature in attempt to stop the statute barred clock. ?

[Diana M]

Re: Witness Statement not received - Court Date 14/07/17

One further question. How close is this to becoming statute barred ?

Legal proceedings have already been issued. The Statute Barred clock stops when a claim is issued.

The hearing is listed for 14th July.

Di

[jon34]

Re: Witness Statement not received - Court Date 14/07/17

Has this claim at any point been stayed ?.

I only ask because para 18 of the witness statement refers to your defence dated 15th Oct 2016. I know the court system can at times run slowly but it appears that 9 months have elapsed form your defence upto the witness statement. Or am I missing something here ?

- - - Updated - - -

One further question. How close is this to becoming statute barred ?

[Head_Burried]

Re: Witness Statement not received - Court Date 14/07/17

Yes, I have been requesting the documents for 10 months.

And yes, it does look like they have got the interest correct in Para.17

I've attached the Agreement. Like I mentioned previously my name is barely readable and you definitely can't make out the number of the my street.

[Amethyst]

Re: Witness Statement not received - Court Date 14/07/17

So they have had nearly a year to produce documents.

Para 17 has the correct amount of interest ( £657 ? )

They don't seem to have mentioned what the agreement was actually for in their statement, nor what the breach was and of what term.

Can you scan in the agreement pls

[Head_Burried]

Re: Witness Statement not received - Court Date 14/07/17

Hi Diana M,

If it is the latter would the judge automatically allow it to be adjourned?

I feel they have had enough time to find any documents they need. When I attend on the 14th will I get chance to highlight the incorrect information in their Witness Statement and Exhibits?

Surely it's against my interest for the case to be adjourned not only because it will allow them extra time to prepare correctly but also it means I will need to take another day off work and it's more time that I am worried and stressed about what the outcome may be.

In your opinion would I be better just to attend court or reply to their Witness Statement prior to attending?

[Diana M]

Re: Witness Statement not received - Court Date 14/07/17

One other question I have is the last paragraph in their Statement says: The Claimant has requested with the permission of the Court to adjourn the hearing of 14 Jul 2017 to allow the Assignor to provide documents as requested by the Claimant. The Claimant therefore reserves the right to file and served an amended statement of case upon receipt of these documents.

What exactly does this mean? Will it be adjourned?

They are asking the court to adjourn the hearing and also give them permission to amend the Particulars of Claim.

You need to establish whether they've made an Application to that effect or whether they plan to deal with the issue at the start of the hearing (request an Adjournment and seek permission to amend the POC).

I expect it's the latter.

Di

[Head_Burried]

Re: Witness Statement not received - Court Date 14/07/17

I've attached the witness statement and taken my details off. Let me know if you would like me to attach the exhibits:

RC1 - Is the unsigned credit agreement with a different account number.
RC2 - Is a letter from Lowell notifying Lloyd's has assigned all respective rights to them and a letter introducing them to me
RC3- Is 5 letters offering their 'help' and telling me to call them etc.

The original claim from the County Court Business Centre was dated 21st September.

[jon34]

Re: Witness Statement not received - Court Date 14/07/17

Makes one wonder who actually signed the witness statement. As its supposed to be a statement of truth. The question is how can it be so, as the facts are materially different ie £ 700+ as opposed to the particulars of claim £9000 ?

[Amethyst]

Re: Witness Statement not received - Court Date 14/07/17

In that case how do you, or the court, know the rest of the Witness Statement, including the exhibits, aren't related to a completely different account / claim etc.

The Claimant has requested with the permission of the Court to adjourn the hearing of 14 Jul 2017 to allow the Assignor to provide documents as requested by the Claimant. The Claimant therefore reserves the right to file and served an amended statement of case upon receipt of these documents.

So they haven't provided everything they need and are trying to get themselves more time.... and have send any old faff to comply with the order.... anything else in that WS which doesn't relate to yours, dates etc. You already said the account number doesn't relate.

You can reply to the WS with a further WS ... which might want to say ' they've had enough time, their WS is crap and the docs don't evidence anything' .... ( but in a nice way of course) Might need to be a little tactical here.... [MENTION=87380]Diana M[/MENTION];

If you can scan in the WS and attached docs it would be really helpful.

When was the original claim issued btw?

[Head_Burried]

Re: Witness Statement not received - Court Date 14/07/17

The original amount is £7808.12. After fees and costs etc. it puts it just over £9000.

I thought they may have missed a 0 off but that doesn't seem the case. It looks like they have cut and paste from another claim.

[Amethyst]

Re: Witness Statement not received - Court Date 14/07/17

The claim they have issued is for around £9000 isn't it ?

Do the numbers seem like a 0 is missing ( eg £7004.30 ) or have they just used a cut paste of someone elses WS and not changed it.



So no notice of assignment, default notice, terms and conditions etc ?

Can you scan in the agreement pls ( redact personal info )

[Head_Burried]

Re: Witness Statement not received - Court Date 14/07/17

Hi Mike770,

I'm not too sure of the question you are asking. If you asking if they have given me a breakdown of the debt including court costs then not that I can find.

Another interesting point is at the end of their 'Background' section they have put:

The Defendant failed to respond to any of the letters therefore the Claimant instructed solicitors to assist in the recovery of the outstanding debt. Legal proceedings were issued to recover the assigned balance of £700.43, plus £56.03 interest at the County Court rate but capped at one year, the claim therefore totalling £756.46.

I don't understand this bit because on their letters to me they claim the balance to be over £7000 not £700.