** discontinued ** Small claims defence v Lowell

[waldo23369]

It states in one of the letters I emailed you under The Facts "in this case we are instructed that the account defaulted on or around 31 January 2000

[waldo23369]

Hi Amethyst just wondering how long it normally takes once witness statement submitted to set hearing date go on holiday 3rd week of July my luck date will be then

[Amethyst]

How long is a piece of string?.... lol.... well, 'normally' witness statements are ordered to be filed 2 weeks before an already set hearing date - seems in your case they have asked for the witness statements and evidence before setting the hearing date -

[Amethyst]

Example Witness Statements
https://legalbeagles.info/forums/for...ness-statement

bearing in mind the order
WSinstruction.png


Default being 2000 - indeed its alleged in the part I posted in post #9 - the allegation of a payment in 2014 isn't backed up with any evidence.
There's been no PPI reclaim and you do not recall making any arrangement or being in any DMP. If there was no payment between 2000 and 2014 then it remains statute barred.

I'll get a basic draft of the WS for you so you can amend - if we do it on here then should be able to get it to a Word document or PDF you can get edited to add your personal details and printed out for signing and filing?

[waldo23369]

So just need to try and sort witness statement. Any help and advice on what to include and how to set out would be greatly appreciated.

[waldo23369]

Sorry must have been reading your previous post and replying lol

[waldo23369]

If you could do a draft on forum that I would be able to amend that would be brilliant

[waldo23369]

So today 4pm was deadline for witness statements and evidence to go to court and other party mine was sent off last Friday 1st class recorded haven't received a thing from lowell what are my next steps

[Amethyst]

This was the witness statement

IN THE County Court Business Centre

Claim No. Xxxxxxx



BETWEEN:

Lowell Portfolio Ltd

Claimant

- and –

Defendant

Xxxxx
_________________________________
WITNESS STATEMENT OF Cxxcxxxx
_________________________________





1. I, Xxx, of xxxxxxx being the Defendant/Applicant in this case will state as follows;




2. I make this Witness Statement in support of my defence in the case claim no. Xxxxxx.



3. The claim is for an alleged debt owed under a regulated Consumer Credit Agreement for fixed sum credit between myself and Lloyds Bank.





4. The claimant alleges that the agreement was entered into on 17/07/1998 although does not state any further detail, such as the amount borrowed, the repayment terms which are alleged to have been breached nor any date of default or any arrears balance.



5. The Claimant fails to plead any cause of action in their statement of case. They simply allege that the Agreement was terminated due to failure to maintain the ‘required payments’.





6. It is denied that Lloyds Bank or the Claimant served any Default notice on me pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.



7. I do not have any recollection of such an agreement. I have had banking and credit products with Lloyds bank in the past however I am not aware of any outstanding balance and nothing appears on my credit file.





8. The claimant states the agreement was assigned to them on 24/11/2015. They state a notice of assignment was sent to me. I do not recall receiving such a letter in 2015.



9. In August 2017 I first heard from the Claimant when I received a letter asking me to pay them a large sum for a loan I knew nothing about. I did not respond to the Claimant at that point suspecting it was an error.





10. The claim was issued on 14th September 2018.



11. On the 24th September 2018 (EXHIBIT A) and 21st October 2018(EXHIBIT B) I wrote to the Claimant to inform them I had no knowledge of the debt and that it appeared that any debt was statute barred pursuant to section 5 of the Limitation Act 1980 in any event.





12. I filed my Defence in the case stating that I did not recognise the debt and believed it to be statute barred.



13. I filed and served my Directions Questionnaire in the case on 30th October 2018. I further requested the Claimant respon to my previous letters requested evidence of the debt being mine and to support their contention that the debt would not be statute barred.





14. The Claimant responded to me in a letter dated 10thNovember 2018 ( EXHIBIT C ). In this letter the claimantstates that the account defaulted on or around 31st January 2000. They have provided no documentation in this respect.



15. They further state that the last payment was made to the account on 29th September 2014. This is denied. As far as I am aware I have made no payments to any party in regards this alleged agreement. No detail of amount or method of payment was provided.





16. If there had been some kind of payment in September 2014, which is denied, despite there having been no payment nor acknowledgement since the alleged termination in January 2000, or indeed, since September 2008, any debt would still be time barred pursuant to s.29(7) Limitation Act 1980 as a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.



17. In any event I have asked the Claimant for details of this alleged payment ( EXHIBIT D) but they have failed to provide any further information.





18. I have asked the Claimant for a copy of the original agreement and terms pursuant to s.77 of the Consumer Credit Act 1974 ( EXHIBIT E ) however they have to date failed to provide such agreement and the consequence of s.77(4) applies making the agreement unenforceable.



19. I have also asked the Claimant to provide a copy of the Default and Assignment Notice and further details about the account, ( EXHIBIT F ) however no information has been forthcoming.



20. I have sent a Subject Access Request to Lloyds pursuant to the Data Protection Act to try and find out more information and where this debt may have come from. I am not confident this will shed any light on the matter as the agreement is over 20 years old and is alleged to have defaulted 19 years ago.However as the Claimant appears so reticent to provide information I thought it was worth a try to try and resolve matters.



21. To date the only details I have regarding the Claimants claim is their statement of case and a letter alleging an unspecified payment was made in September 2014. I feel this is a total abuse of process and disregard for the facts.



22. Therefore the Claimant should be required to produce evidence in the case for me to consider my position else they should have the claim struck out as they have disclosed no cause of action, the claim was issued in September 2018, almost a year ago, I have made a number of requests for documents/evidence/information and they have simply failed to provide anything to assist the case going forward and for the avoidance of any doubt, the claim is denied.





Statement of Truth


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





Signed:



Dated:





Notice of discontinuance arrived this morning - I'll let Waldo update any further xx

F8FB219A-8A12-4E10-9EC1-484C9CCFB69B.jpeg

[waldo23369]

Overjoyed at the outcome of this. I can't thank Amethyst enough for all of her time effort and support in dealing with this claim. I have told her she should change her name to Diamond. Anyone new to this forum looking for help have no hesitation in posting your problem. I went to citizens advice and came out none the wiser but within an hour of posting on legal beagles Amethyst had her teeth into case and was giving helpful and constructive advice. Without her help I am not sure I would have been successful.
Many thanks again Amethyst x

[charitynjw]

Amethyst

[Amethyst]

Thank you for the kind comment I'm glad Lowell saw sense in the end.