N v Lovell

[NvLovell]

Re: N v Lovell

No I didn't enter my holiday dates as I did the questionnaire last 27th September last year... Lovell have been dragging their feet!

When I received the Notice of Hearing on the 4th April it said all parties need to send in all documents by 2nd May. I heard nothing and then received documents from Lovell after this. The documents are dated 28th April, which is a Friday, the 2nd May was the following Monday which was May day!

Is it possible to get the hearing adjourned? I'm starting to feel like I'm up the creak with no paddle!

[NvLovell]

Re: N v Lovell

Have they supplied 2 versions of the T&Cs? (1 for at inception, 1 for circa the default date). - No, just 1 which kati has loaded
Did you ask for all of the Notices of Assignment? (inc GE Cap to Santander, Santander to Newday) No, I didn't realise I had too, is there a template?
Did you ask for Deeds of Assignment? - No, again is there a template?
Have you sent a SAR to source all data held so that you can compare it with the stuff that Lowells have sent? - I have no idea what this is?
A glaring omission, as far as document disclosure goes, is the lack of a s87 Default Notice. Did you ask for a copy? Was it mentioned in your filed defence?
What deadline has been given to swap documents? (Often it is 14 days before the hearing, but not always.)
Btw, they mention CCA s77 in the correspondence; that would be for a fixed sum loan.

I sent of my CCA & CPR (on September 28th last year) and had nothing back and then received all the docs above and the one T&C (which Kati has added below)

[Diana M]

Re: N v Lovell

When I received the Notice of Hearing on the 4th April it said all parties need to send in all documents by 2nd May. I heard nothing and then received documents from Lovell after this. The documents are dated 28th April, which is a Friday, the 2nd May was the following Monday which was May day!

From what you say the Notice of Hearing included Directions for both parties to file their Witness Statement and evidence (Exhibits) by 2nd May.

It seems the Claimant (Lowells) filed and served their WS by the deadline, but you didn't. I'm assuming the documents you received were accompanied by their WS?

Perhaps this issue (your WS) should be your priority since you're more than two weeks' late.

Di

[NvLovell]

Re: N v Lovell

Hi all,

I need to get my Witness Statement to the court by 4pm tomorrow, I've taken tomorrow off so I can get this done but I'm confused as to what I need to do, is there a template or can someone give me a steer?


Thanks

N

[Amethyst]

Re: N v Lovell

Hi there There's some examples here which should give you a good start point - http://legalbeagles.info/forums/show...ness-Statement

Presumably you got a new date agreed with the court for WS filing/serving ?

[NvLovell]

Re: N v Lovell

Yes I did, the WS needs to be in by 4pm tomorrow!

I'm going through it now, I understand it can be emailed, does anyone have the email address?


Thanks

[Kati]

Re: N v Lovell

@charitynjw @Amethyst @warwick65 ... can you remember the email address that NvLovell needs??

[warwick65]

Re: N v Lovell

I'm hopeless at this but for an acknowledgement of service I used ccbcaq@hmcts.gsi.gov.uk

and that was the same Charity suggested for a defence


Assuming it was Northampton bulk centre - Salford is different

[charitynjw]

Re: N v Lovell

Wot he says ^^^^

[NvLovell]

Re: N v Lovell

So it is definitely the ccbcaq@hmcts.gsi.gov.uk address or does each court have an address?


Thanks

[charitynjw]

Re: N v Lovell

If this has already been allocated to track you'll need to contact the court that is now dealing with it.

[warwick65]

Re: N v Lovell

Did your claim form come from Northampton and has it been transferred to your local court?

It seems to say the email address is ok for everything but follow the email guidance for subject line etc

https://www.justice.gov.uk/courts/email-guidance

Use the court finder to find details

https://courttribunalfinder.service....l=Money+claims

[charitynjw]

Re: N v Lovell

If Kingston-Upon-Thames, enquiries@kingston.countycourt.gsi.gov.uk

[NvLovell]

Re: N v Lovell

Thank you!

[NvLovell]

Re: N v Lovell

Draft 1... thoughts...?


IN THE KINGSTON-UPON-THAMES COUNTY COURT
Claim No.

BETWEEN:
Lowell Portfolio I LTD
Claimant
- and –
Defendant
XXXXX
_________________________________

WITNESS STATEMENT OF XXXXX
_________________________________



I XXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in the claim.

2. This claim is for a Debenhams Store Card credit agreement regulated under the Consumer Credit Act 1974. I believe the account was opened in 2005, however at no point at the time of signing were the full terms explained or seen by myself, in fact the card was sold to me upon the qualification of an offer on that day. This agreement was done instore by a store assistant.

3. The store card was given with a maximum credit of £500. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at.

4. On 28/09/2016 I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of £1. [EXHIBIT A].

5. Consumer Credit Act s.78(1) states
Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and
(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.


6. The Claimant has failed to comply with s.77(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement.

7. Consumer Credit Act s.78(6) states;
(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;

8. On 28/09/2016, in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT B].


9. On 04/10/2016 the Claimant solicitors wrote to me explaining they had placed the account on hold as they did not have the necessary documents to proceed..
10. On 01/01/2017 the Claimant solicitors wrote to me explaining they had lodged a Directions Questionnaire with the court, this despite still not responding to my request as per points 4 -8 above.
11.. On 26/04/2017 the Claimant solicitors wrote to me and included their Witness Statement and a copy of what they claim to be a copy of the signed agreement which is ‘bound by it’s terms’ despite being unable to provide these terms. Exhibit SR1 in the claimants solicitors Witness Statement.
12. There is a clear disconnect in terms of lack of T&Cs and lack of information regarding the lack of Notice of Assignment and in particular the lack of information between the original agreement with GE Capital Bank Limited in 2005 to the ‘Exhibit SR2’ when the alleged debt was sold to Lowell Portfolio in June 2014 some nine and a half years later.
13. The Claimant solicitor has not provided an s87 Default Notice for this claim.
14. Throughout the Claimant solicitor documentation they mention CCA s77 which would refer to a fixed sum loan however they are claiming this documentation refers to Store Card credit.



Statement of Truth

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


Signed: ________________________________

Dated: