**CASE DISMISSED in court *** brian carters letter Help needed..!!

[nemesis45]

Re: brian carters letter Help needed..!!

Ok will do.

Thanks for all your help Nem. You are a star!!

Will post first draft up on Sunday!

have a nice weekend

G-Man

You too Gman !!

nem

[g-man13]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

Hope you are well.

Please can can you have a quick look at my WS and let me know if it's ok to go.

Thanks,

G

1: I received the claim B2AQ7C8P dated 13th October 2015 from the Northampton County Court on 14th October 2015

2: The Claimants statement of case failed to give adequate information to enable me to properly assess my position with regards the claim. As stated in my defence, I do not know what type of account this is, whether it is a credit card, loan or current account. I have had a number of different products in the past with Lloyds Bank, however am unaware of any debt outstanding. I do not recognise the account number given and also the statement of case fails to state when the alleged agreement was entered into.

3. On the 28th April 2015 I received a letter of claim from Bryan Carter solicitors (Exhibit A)

4. To try and find out more information regarding this claim, on the 01st May 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment and statements of the account. (Exhibit B)

5. On the 07th may 2015, Bryan Carter solicitors sent me a letter (Exhibit C). This letter failed to provide me with the documentation which I had requested.

6. On the 14th May 2015 I sent a further request for the above mentioned documentation to Bryan Carter Solicitors. (Exhibit D)
7. Bryan Carter solicitors has not responded to this letter
8. On the 26 August I received a 2nd letter of claim from Bryan Carter solicitors. (Exhibit E)
9. I sent a request to Bryan Carter solicitors on the 8thSeptember 2015 to provide me with copies of the documentation which they hold to support this alleged debt. I asked for copies of the account agreement, the final demand, the notice of assignment and statements of account. (Exhibit F)
10. On the 10th September 2015 Bryan Carter solicitors responded with a letter providing me with a copy of their letter dated 07th May 2105 (Exhibit G & H)
11. As mentioned in paragraph 1 of this witness statement I then received a county court claim from Bryan Carter solicitors (Exhibit I)
12. On the 21st October 2015 I sent a requested for documents mentioned in the claimant’s statement of case under CPR 31.14. (Exhibit J)
13. On the 28th October Bryan Carter solicitors responded with a letter, but failed to provided me with any of my requested documentation and therefore failed to comply with my request under CPR 31.14. (Exhibit K)

14. On the 21st October 2105 I sent a formal request for a copy of the original agreement to Lowell Financial pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee. (Exhibit L)
15. I have not received any response or acknowledgement from Lowell Financial.

16. The Claimant has failed to comply with s 77-79 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

16. As the claimant is in breach of CPR 31.14 and their failure to comply with sections 77-79 of the consumer credit act I request the court orders the claim to be struck out.

Statement of Truth

The Defendant believes that the facts stated in this Witness statement are true.

[g-man13]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

I know that you are busy but please can you give my WS a once over?

I need to post it off to the courts and lowlifes tomorrow.

Thank you

G

[nemesis45]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

Hope you are well.

Please can can you have a quick look at my WS and let me know if it's ok to go.

Thanks,

G

1: I received the claim B2AQ7C8P dated 13th October 2015 from the Northampton County Court on 14th October 2015

2: The Claimants statement of case failed to give adequate information to enable me to properly assess my position with regards the claim. As stated in my defence, I do not know what type of account this is, whether it is a credit card, loan or current account. I have had a number of different products in the past with Lloyds Bank, however am unaware of any debt outstanding. I do not recognise the account number given and also the statement of case fails to state when the alleged agreement was entered into.

3. On the 28th April 2015 I received a letter of claim from Bryan Carter solicitors (Exhibit A)

4. To try and find out more information regarding this claim, on the 01st May 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment and statements of the account. (Exhibit B)

5. On the 07th may 2015, Bryan Carter solicitors sent me a letter (Exhibit C). This letter failed to provide me with the documentation which I had requested.

6. On the 14th May 2015 I sent a further request for the above mentioned documentation to Bryan Carter Solicitors. (Exhibit D)

7. Bryan Carter solicitors has not responded to this letter

8. On the 26 August I received a 2nd letter of claim from Bryan Carter solicitors. (Exhibit E)

9. I sent a request to Bryan Carter solicitors on the 8thSeptember 2015 to provide me with copies of the documentation which they hold to support this alleged debt. I asked for copies of the account agreement, the final demand, the notice of assignment and statements of account. (Exhibit F)

10. On the 10th September 2015 Bryan Carter solicitors responded with a letter providing me with a copy of their letter dated 07th May 2105 (Exhibit G & H)

11. As mentioned in paragraph 1 of this witness statement I then received a county court claim from Bryan Carter solicitors (Exhibit I)

12. On the 21st October 2015 I sent a requested for documents mentioned in the claimant’s statement of case under CPR 31.14. (Exhibit J)

13. On the 28th October Bryan Carter solicitors responded with a letter, but failed to provided me with any of my requested documentation and therefore failed to comply with my request under CPR 31.14. (Exhibit K)

14. On the 21st October 2105 I sent a formal request for a copy of the original agreement to Lowell Financial pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee. (Exhibit L)

15. I have not received any response or acknowledgement from Lowell Financial.

16. The Claimant has failed to comply with s 77-79 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

16. As the claimant is in breach of CPR 31.14 and their failure to comply with sections 77-79 of the consumer credit act I request the court orders the claim to be struck out.

Statement of Truth

The Defendant believes that the facts stated in this Witness statement are true.

Nice on G!!

Have you had their WS?
There's been some instances in the last couple of days where Lowell Solicitors are coming up with " requested " documentation when filing their WS, if this happens come straight back to us.

nem

[g-man13]

Re: brian carters letter Help needed..!!

Hi Nem,

Thanks for that.

I havent receieved anything from Lowell. The deadline is Friday. I did email them regarding the increase in balance on the account, but surprisingly they haven't responded to that either.

I will put the final info on the WS and send it to lowells. Am I able to deliver the docs to the court in person or is it better to post, bearing in mind that Friday is the day!

thanks again

G

[g-man13]

Re: brian carters letter Help needed..!!

[MENTION=55034]nemesis45[/MENTION]

Hi Nem,

I have posted my WS and evidence off to the courts and to lowell.

Do I need to do anything else before the hearing on the 29th April?

G

[nemesis45]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

I have posted my WS and evidence off to the courts and to lowell.

Do I need to do anything else before the hearing on the 29th April?

G

Prepare Bundle for the hearing exhibit etc. all indexed and bullet pointed so you're not caught out.

nem

[g-man13]

Re: brian carters letter Help needed..!!

Ok will do!

Im assuming I am supposed to receive their WS by tomorrow, although I'm not holding my breath!

At what point would I contact the court if no paperwork turns up?

G

[nemesis45]

Re: brian carters letter Help needed..!!

Ok will do!

Im assuming I am supposed to receive their WS by tomorrow, although I'm not holding my breath!

At what point would I contact the court if no paperwork turns up?

G

Lowell/ Carter often late then produce comic WS's then seek relief from sanctions for late filing.

You are ahead on that point!

nem

[g-man13]

Re: brian carters letter Help needed..!!

[MENTION=55034]nemesis45[/MENTION]

Hi Nem,

hope you are well.

Still no no paperwork received from lowells.

The court confirmed that the hearing is still listed for next Friday. So I guess I'm going to have to just turn up and see what is said?!

G

[nemesis45]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

hope you are well.

Still no no paperwork received from lowells.

The court confirmed that the hearing is still listed for next Friday. So I guess I'm going to have to just turn up and see what is said?!

G

Hello G,

Have you had Lowell Witness Statement ? looneybear has just had a Lowell claim struck out because Lowell failed to file and then e-mailed the court asking for an adjournment on the day, Jude struck out the claim with out leave to apply for relief from sanctions.

Watch out for very late filed documents or applications from Lowlife just in case they pull a fast one, like turning up in court with documents you have never seen.

nem

[g-man13]

Re: brian carters letter Help needed..!!

Hi nem,

no witness statements and no other paperwork received..!!

Sorry but, what do you mean by relief from sanctions?

G

[nemesis45]

Re: brian carters letter Help needed..!!

Hi nem,

no witness statements and no other paperwork received..!!

Sorry but, what do you mean by relief from sanctions?

G

Sanctions.

A C court claim process is based on time limited actions/responses should a claimant (as in the case in point) fail to meet "deadline" the court can impose a sanction e.g. the court orders the claimant to file a witness statement within 7 days if the claimant fails to comply the claim will be struck out. Often the claimants in the debt " industry " will seek relief from the sanction at the last moment.

nem

[g-man13]

Re: brian carters letter Help needed..!!

Thanks for the info Nem..!!

Still no paperwork received.. Also I did email lowlife regarding the additional £500 that they have applied to my account.. Believe it or not, they haven't replied to that either!!

Looks like I'm off to court on Friday..!


G

[nemesis45]

Re: brian carters letter Help needed..!!

Thanks for the info Nem..!!

Still no paperwork received.. Also I did email lowlife regarding the additional £500 that they have applied to my account.. Believe it or not, they haven't replied to that either!!

Looks like I'm off to court on Friday..!


G

Good morning G,

It's beginning to look like Lowell are winging it here less than 7 days to trial and no disclosures!

G Ring the court office tomorrow there is now a possibility that the claim has been stayed!

nem