Lowell Claim Form

[lillman]

Re: Lowell Claim Form

Great, thank you!

What about witnesses? As it includes myself, should this be one?

[nemesis45]

Re: Lowell Claim Form

Great, thank you!

What about witnesses? As it includes myself, should this be one?

Yes 1 yourself.

nem

[charitynjw]

Re: Lowell Claim Form

Hi all,

Happy New Year to you!

I contacted the Court earlier today and asked about the status of the claim and, despite having still not received a response from my CCA/CPR request, .............................

Mediation Service will ask if you've received all documentation.
If you haven't, the case will probably not be suitable for mediation anyway, & usually when this occurs, Mediation refers it back to court for allocation.

[lillman]

Re: Lowell Claim Form

Mediation Service will ask if you've received all documentation.
If you haven't, the case will probably not be suitable for mediation anyway, & usually when this occurs, Mediation refers it back to court for allocation.

Great, thank you! Assuming I don't receive anything in the coming days, then that will go in my favour with the Court?

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Yes 1 yourself.

nem

Thank you!

[nemesis45]

Re: Lowell Claim Form

[QUOTE=lillman;699093]Great, thank you! Assuming I don't receive anything in the coming days, then that will go in my favour with the Court?

It will form part of your defence.

nem

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[QUOTE=lillman;699093]Great, thank you! Assuming I don't receive anything in the coming days, then that will go in my favour with the Court?

It will form part of your defence.

nem

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[lillman]

Re: Lowell Claim Form

Hi all,

This morning I received a letter directly from Court with a Court date of 5th April, the letter also asked for all documents (I wish to use during the hearing) to be sent to Court and the Claimant.

As I still haven't received a response from Lowel with regards to my CCA/CPR requests in November, please could someone let me know what information I need to put together and submit to Court and Lowell prior to the hearing?

Many thanks!

[lillman]

Re: Lowell Claim Form

*BUMP*

[charitynjw]

Re: Lowell Claim Form

Hi all,

This morning I received a letter directly from Court with a Court date of 5th April, the letter also asked for all documents (I wish to use during the hearing) to be sent to Court and the Claimant.
14 days before?

As I still haven't received a response from Lowel with regards to my CCA/CPR requests in November, please could someone let me know what information I need to put together and submit to Court and Lowell prior to the hearing?

Many thanks!

####

[lillman]

Re: Lowell Claim Form

Yes that's the letter I received, it's asking for all documentation 14 days before.

I just wondered whether anyone could please provide me with a checklist of what I need to put together and also any template of what I should write regarding their failure to provide the information as requested in November?

Thanks!

[charitynjw]

Re: Lowell Claim Form

You have loads of time, then.
& meanwhile, stuff may be sent to you re your requests (but if Lowells run true to form, they will probably leave it until last minute).
However, you could take a look at preparing a Witness Statement.
http://www.legalbeagles.info/forums/...ness-Statement
& take a look at some of the other threads (esp the 'won' threads) for actual statements + exhibits.
1 copy goes to the court, 1 to Claimant's legal rep, 1 for you.

[lillman]

Re: Lowell Claim Form

Hi all,

My Court Hearing is on 5th April and I wondered whether the following witness statement is okay to send and covers everything?

FYI - I have still not received any of the documents requested. Also, I noticed in the Claimants Directions Questionnaire under witnesses, it said "TBC" - shouldn't they inform me about any witnesses they wish to call on at the hearing?

************************************************** ***********************

IN THE ****** COUNTY COURT
Claim No.

BETWEEN:
Claimant
Lowell Portfolio 1 Limited

AND:
Defendant
Lillman ;-)
_________________________________

WITNESS STATEMENT OF LILLMAN
_________________________________


I, Lillman, of Lillman's address, 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 1^st November 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £1,432.68

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 “monies due from the Defendant to the Claimant under a Financial Services agreement”. I have no idea what this is.

5. On 2^nd November 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents 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]. Both letters were sent via Royal Mail recorded delivery and were signed for by both recipients on 3^rd November 2016.

6. On 28^th November 2016 I submitted my defence online via Money Claim Online and I contacted Court the following day to confirm receipt of my defence; this was confirmed.

7. On 23^rd December 2016 the Claimants solicitors sent me a letter [EXHIBIT D] without acknowledging my letter requesting the documents and without the requested documents.

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


9. On 13^th January 2017 I completed the N180 Direction’s Questionnaire and sent a copy to Court. I also sent a copy to the Claimant and the Claimant solicitors via Royal Mail recorded delivery, both were signed for, on 16^th January 2017 and 14^th January 2017 respectively.

10. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement, and request on 2nd November 2016, to inspect these documents.

12. The Claimants pleaded case is that the Defendant entered into an agreement with HFC Bank Limited under account reference xxxxxxxxx I am uncertain as to what this refers to. As mentioned above, I have received no correspondence about this alleged debt and I have never received a default notification from the original creditor. I do not, to the best of my knowledge, remember having had banking products with the original creditor and the account number given does not relate to any information I have, 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, Lillman, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________

[lillman]

Re: Lowell Claim Form

Hi,

If someone could please advise on the above post then that would be much appreciated, I'm keen to send to Court and BW :-)

Many thanks in advance!

[nemesis45]

Re: Lowell Claim Form

Looks ok. [MENTION=5553]charitynjw[/MENTION] will you take a look please.
nem

[charitynjw]

Re: Lowell Claim Form

Good morning [MENTION=55034]nemesis45[/MENTION] & [MENTION=93735]lillman[/MENTION].

WS looking good.
By my calculations, if the court hearing date is 5th April & the documents need to be filed at court/exchanged with Claimant 14 days beforehand, I make the deadline to be 22nd March.
If sending by land mail, allowing 2 days for postage, 20th March should suffice.
So if it was me I'd treat the WS as 'work in progress' for the moment, just in case Lowells & sols come up with the documents last minute.com.

[lillman]

Re: Lowell Claim Form

Hi all,

First of all, thank you so much for your recent advice above, I followed your advice and sent off the witness statement on Monday with various exhibits as evidence.

I received, earlier this week, a credit agreement but this was a Lowell agreement which I clearest hadn't signed and was not an agreement with the original creditor...

Today I received another letter from BW Legal and it was a notice of discontinuance! And they are discontinuing ALL of the claim and have sent a copy to Court!

Does that mean what I think it means???