Bryan Carter: Witness statement Help!

[Angelica]

Hello guys,

Thanks for your wonderful contribution on this forum. I was taken to court by Mr Carter because of Argos debt. The particulars of claim is as follows;
1) The claimant claim is for the balance due under an agreement which is now due and payable
2) The defendant agreed to pay monthly instalment under account number 888888 but has failed to do so
3) And the claimant claims the sum of LLLLL
4) The claimant also claim interest thereon pursuant to s69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to uuu.

I filed the defence online contesting it that i have requested documentation( part 18 of civil procedure rules) from BC


Step 2:

~ BC replied that because it is a small claim track that they are NOT required to provide documentation but have asked original creditor to provide though.

~ The case had been transfered to my local court.

~ BC had sent me a copy of his witness statement sent to court which includes argos statement of account.

Step 3: I saw the following loopholes;

a) There is NO default notice
b) No notice of assignment
c) The agreement was blurred and difficult to read.

It was a 2003 agreement.

Can anyone help with witness statement or other clues

Cheers

[Amethyst]

Re: Bryan Carter: Witness statement Help!

Can you post up a copy of the agreement and your defence entered, and Bryans Witness Statement pls.

Do you have a hearing date ?

[Angelica]

Re: Bryan Carter: Witness statement Help!

Can you post up a copy of the agreement and your defence entered, and Bryans Witness Statement pls.

Do you have a hearing date ?

1) The agreement is blurred. Its the normal argos T's and C's. But the front cover says '' The small print may have changed since you originally applied for your card ''[ Loopholes i think ]. What i signed was a one page application form

2) Late January hearing date

3) BC's witness is a 3 page documents, i will type it out within 30 minutes

cheers

[Angelica]

Re: Bryan Carter: Witness statement Help!

1) The defendant entered into credit agreement on bla bla for the purpose of acquiring goods and services on K/X/2003. A copy of the credit agreement is attached together with T& C's exhibited as AO1

2) The defendant had the benefit of the service and used the credit facility to obtain goods and services. The claimant attaches statements exhibited as AO2
3) The agreement is regulated by consumer credit legislation
4)The defendant breached the terms and conditions of the agreement by failing to pay the monthly instalments as due
5) The defendant in his defence does NOT deny or admit the debt
6) The defendants was making payments by standing order to the claimant's agent Fredrickson between may 2012 and march 2013 exhibited as AO3

[Angelica]

Re: Bryan Carter: Witness statement Help!

7) The defendant in his defence states that he sent a claimant a request for disclosure under part 31 of the civil procedure rules and state that the claimant failed to comply with this. Further he assterts the pre-action conduct of the claimant is non compliant.

8) The claimant's representatives received a request for disclosure on 22 July. This however is a small claim track case and part 31 does NOT apply. The claimant nevertherless provided the the defendant with copies of the agreement, T& C's and statement of account on october 31. The claimant considers it has complied with pre action protocol.
9) Further, it is the claimant's policy to provide thje agreement to its customer at the point of contract and statement throughout the duration of agreement

[Angelica]

Re: Bryan Carter: Witness statement Help!

10) The Defendant's defence is based on his request for disclosure under CPR, the claimant does not accept this as valid defence due to pre-action disclosure not being allocated to the small claims Track.

11) The defendant has failed to particularise his defence therefore the claimant cannot properly addressed the issues raised in the defence

12)The claimant submit that the claim amount of GGG is due and payable by the defendant

13) The claimant submit that that the defendant does not have a valid defence and request it to be struck out uder part 3.4 civil procedure rules and judgent be entered in favour of the claimant in the sum of HHH inclusive cost to date plus daily interest


Thanks

[Angelica]

Re: Bryan Carter: Witness statement Help!

Anyone pleaseeeeee

[Amethyst]

Re: Bryan Carter: Witness statement Help!

Thank you for typing that out.

So they complied with your CPR request before or after you submitted your defence ? and your defence is solely based on the CPR 31.14 request ?

Could you (sorry) post up the defence you entered please.

[Angelica]

Re: Bryan Carter: Witness statement Help!

Thank you for typing that out. So they complied with your CPR request before or after you submitted your defence ? and your defence is solely based on the CPR 31.14 request ? Could you (sorry) post up the defence you entered please.

Thanks I cannot find my defence(I saved it somewhere ). I neither deny/admit the debt. I make a CPR requested but BC replied that i ought to have it when i applied for the card. So i have to file the defence because of deadline. He did send me his witness statement through which i saw all the statements and agreement. Cheers

[Amethyst]

Re: Bryan Carter: Witness statement Help!

Okay so first time you got the documents was in the witness statement ?

[Angelica]

Re: Bryan Carter: Witness statement Help!

Okay so first time you got the documents was in the witness statement ?

Yes please

[Gorang]

Re: Bryan Carter: Witness statement Help!

Step 3: I saw the following loopholes;

a) There is NO default notice
b) No notice of assignment
c) The agreement was blurred and difficult to read.

It was a 2003 agreement.

Have they NOT mentioned the DN or NOA in either the POC or their witness statement at all??

When was the issue date of this claim??
When did you make your CPR31.14 request??
When did they reply to your request with their "no we are not complying" letter??

I noticed they say
that they received your request on 22 July
that they complied 31 October
(can you confirm that they are not telling porkies here please with their dates)

and you said the hearing date is late January

Is the hearing the first hearing date for this case or have you already attended court??

If this is the first hearing date, then can I ask, is there any reason of why it has taken since July until January to get to the first hearing date??
ie have the claimants or you applied for time extensions at all for you to file your defence, or anything like that??

Also what are you intending to on rely on to use as your defence??
Have you ever made a request for the DN or NOA??
If you have, what request did you make, when did you make it, who did you make it to, and have you received a reply

Also is this claim under £5k
(this is to know if they can go for a charge order or any other order against you)

Sorry for all the questions but the answers will give us a better picture of what has happened and when it happened

[Angelica]

Re: Bryan Carter: Witness statement Help!

Have they NOT mentioned the DN or NOA in either the POC or their witness statement at all??

When was the issue date of this claim??
When did you make your CPR31.14 request??
When did they reply to your request with their "no we are not complying" letter??

I noticed they say
that they received your request on 22 July
that they complied 31 October
(can you confirm that they are not telling porkies here please with their dates)

and you said the hearing date is late January

Is the hearing the first hearing date for this case or have you already attended court??

If this is the first hearing date, then can I ask, is there any reason of why it has taken since July until January to get to the first hearing date??
ie have the claimants or you applied for time extensions at all for you to file your defence, or anything like that??

Also what are you intending to on rely on to use as your defence??
Have you ever made a request for the DN or NOA??
If you have, what request did you make, when did you make it, who did you make it to, and have you received a reply

Also is this claim under £5k
(this is to know if they can go for a charge order or any other order against you)

Sorry for all the questions but the answers will give us a better picture of what has happened and when it happened

1)This is the first hearing. No one request extension

2) POc is stated earlier

3) I did not make a request for DN or NOA

4) The amount is less than even £1,000.

[CleverClogs]

Re: Bryan Carter: Witness statement Help!

2) The defendant had the benefit of the service and used the credit facility to obtain goods and services. The claimant attaches statements exhibited as AO2

Can you scan or photograph those statements, remove your personal data and post the images here?

When was the last payment made on those statements?

6) The defendants was making payments by standing order to the claimant's agent Fredrickson between may 2012 and march 2013 exhibited as AO3

But, before May 2012, when was the last payment made or written acknowledgement made?

If there was a clear gap of six years (when no payments were made) before payments were made in May 2012, then the debt is statute barred by section 5 (link) of the Limitation Act 1980. Moreover, if the debt had become statute barred then, under section 29 (link) it cannot be revived by any subsequent payment. Any acknowledgement other than a payment must, under section 30 (link) be in writing and signed, so words uttered over the electric telephone do not count.

[Amethyst]

Re: Bryan Carter: Witness statement Help!

This is in their witness statement

'' The claimant nevertherless provided the the defendant with copies of the agreement, T& C's and statement of account on october 31. The claimant considers it has complied with pre action protocol.''

but you are saying you didn't get the documents until they were sent attached to the witness statement ?