Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

[purplestar]

Hi everyone, im getting really confused and somewhat lightheaded trying to understand a case Lowell are bringing against me for a HSBC debt they had purchased.

The case is in court just over a weeks time, I had asked for proof of debt as well as all documentation and deed of assignment,
the letters went back and forth, I also advised them have a serious illness which has symptoms of memory loss and therefore i really would need to see the documents for this reason.

I sent my witness statement and papers to Lowell and the court via recorded delivery - both arrived on time.
Lowells paperwork arrived 2 days late, in a thin torn envelope which was hardly private and confidential as the whole of the front page was in view.
The bundle consists of the following:

1) an extract from the claimants case management system to provide further details of the agreement of account with the originating creditor following the assignment of debt.

2) statements of account

3) a reconstituted copy of a letter sent to the defendant by the originating creditor

4) a copy of the notice of assignment of debt

Assignment of Debt - a whole page regarding my request for the deed of assignment, pointing out fact in law etc

The claimant contends that the Deed of Assignment is a privileged document and in any event the Notice of Assignment adduced provides sufficient notice to the defendant in accordance with the provisions of s136 of the Law of Property Act.

any ideas gladly welcome.

[MIKE770]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

Deed is confidential - you would get Notice of Assignment

[purplestar]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

The notice of assignment which they refer to in the witness statement is on a plain piece of paper, no logos etc along with a letter from Lowells of introduction -both dated same day. i have not seen these before, i had requested them never got anything until they arrived in the witness bundle.
These and the account details ( pages of statements ) all bear dates in August, i was replied to in August following another request for all these details to say they still did not have them and would forward them as soon as they did!

[Amethyst]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

Had you sent a formal CCA request for the credit agreement? Was the debt a loan / credit card / overdraft ?

Could you tell us what defence you used ?

[purplestar]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

Hello, thank you for reply.
I had sent a CPR18 request for further information an another chasing up that letter
The debt I think is from an overdraft on a business account.
My defence is i do not recognise the debt and had no requested details sent to me to understand the case any further. - i had already told Lowells i have a health condition which causes me memory loss - in my defence i put my most recent consultation letter from my consultant.

[purplestar]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

I Went to court this morning to defend my case - it's been stayed for 6 months as Lowell haven't produced the agreement that I asked twice for ! Will update more later abt the hearing .

[Diana M]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

I Went to court this morning to defend my case - it's been stayed for 6 months as Lowell haven't produced the agreement that I asked twice for ! Will update more later abt the hearing .

I'm pleased you got the adjournment you were seeking. See what paperwork they come up with before deciding your next move.

Your main thread on this claim is here > http://legalbeagles.info/forums/show...560#post696560

Di

[nemesis45]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

I Went to court this morning to defend my case - it's been stayed for 6 months as Lowell haven't produced the agreement that I asked twice for ! Will update more later abt the hearing .

I hope you were successful in getting an adjournment.

nem

[purplestar]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

An update - so in the end I pulled myself together and decided to go to the hearing. I'm so glad I did , the court wasn't very busy at all.
Lowell sent a representative who was surprised to see me at the court as they thought I had not submitted a copy of my defence as they were not aware of it , obviously I had sent it as well as the court copy.
The judge asked me to relax and try not to say too much as he had read the case and had a few points he would like to make, there was reference to my two letters requesting information and copies of the two letters that i had received back saying they would try to get the information and forward it on, the judge said it was not good enough of Lowell to clearly dismiss my requests for the credit agreement, he then went through an example of HSBC v Carey . Rep said its not an enforcement case, judge replied it certainly is and would very much like to see such a case tried in court to argue otherwise. The judge said at that moment he could strike it out, dismiss it or stay the case, he then went on to costs for such a low claim that could end up being my costs if Lowell ever got the paperwork together to re hear the case - which I feel is very unfair to put me through all of this again. Any thoughts on what I might do now?

[Amethyst]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

Well done for attending xxx

So presumably the Judge stayed the case rather than struck or dismissed it ?


Ahhh okay ( read back now!)

I Went to court this morning to defend my case - it's been stayed for 6 months as Lowell haven't produced the agreement that I asked twice for ! Will update more later abt the hearing .

got it. Stayed. That's fair enough for the moment, I'd relax and enjoy Christmas and deal with anything further afterwards, you are kind of tied to the 6 months now though - if they don't provide within 6 months has the Judge said they will be struck out then ? ( an unless order ?) - Probably won't be certain till you get the order in writing from the court.

[purplestar]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

Yes the judge said 6 months or struck out, Lowells would then have to submit a new claim.

[nemesis45]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

Yes the judge said 6 months or struck out, Lowells would then have to submit a new claim.

Well done!! very courageous !

Best wishes for Christmas and new year.

nem

[purplestar]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

Thank you and thank you to all that have helped me get through today its very much appreciated, although i brought my case to the attention of this forum fairly late most of what I done before that came from information found on here.
In turn I tried to help comfort a stranger dealing with something far worse than I was in the courts today..

I will return when I hear anything new on my case - without delay this time

Happy Christmas to you all x :tree:

[nemesis45]

Re: Lowells Witness Statement Says Deed of Assignment is a Privileged Document ???

Thank you and thank you to all that have helped me get through today its very much appreciated, although i brought my case to the attention of this forum fairly late most of what I done before that came from information found on here.
In turn I tried to help comfort a stranger dealing with something far worse than I was in the courts today..

I will return when I hear anything new on my case - without delay this time


Happy Christmas to you all x :tree:

How kind and considerate!!!

nem:santa1: