Oh blimey, forgot you asked for that, doing it now.

Once you've had a look at the claimants witness statement, which I may add was delivered 3 days after the filing date, maybe you could advise on some things for me. Theres some confusion here because, I do actually have the original assignment from Cap one dated earlier than Lowell are saying, I have paperwork from both Lowell Portfolio 1 and Lowell financial. My thinking is that, one bought the debt from the other, and the date of assignment they are referring to in their witness statement is that sale, not the sale between the original creditor and them. Does this have any baring on anything? I have also found most of the original statements, showing £400 worth of £12 charges, what they have submitted are not full statements, except for a couple that conveniently show a couple of £12 refunds! I'm more than happy to pay the amount I know to be absolutely true at the time, less the charges. Not trying to get out of paying, just what's really my obligation.

The claimant will attempt to address the issues raised in the defendants defence In the event of further evidence being provided by the defendant in the course of these proceedings, the claimant reserves the right to file a further witness statement. The defendant admits to having entered into a contract with the original creditor, a copy of the signed agreement has been attached and exhibited at **** . The account was assigned to the claimant on 29 September 2009, therefore the claimant has the right to persue the defendant for the amount owing under the account. The claimant is entitled to claim interest on a debt owing, for the avoidance of doubt reference is made to s69 of the county courts act 1984. A statement of account showing how the debt has been accrued can be seen at ***** The statement if account confirms that the defendants last payment of £10.00 was made directly to the original creditor on 11/**/2008 The statement of account fully particularises how the debt has accumulated The defendant relies on CPR 31.14 CPR s.31.14 does not apply to claims allocated to the small claims track. Nevertheless, all documents appended to this witness statement have been served on the defendant. The debt has been assigned from the original creditor to the claimant on 29 September 2009. Notice of assignment was served by the claimant on the defendant by post on 9 October. 2009 in accordance with the provisions of section 136 of the law of property act 1925. A copy of this letter is attached and exhibited at *****. This evidenced that our client has validly served the Notice of Assignment on the defendant. There is an irrevocable presumption of service on the basis that the Notice of Assignment has not been returned to the claimant. The claimant will state the following The defendant entered into the agreement. This is not denied in the defence. The defendant is therefore bound by the terms of the contract; The defendant has benefited from the use of the credit card..The statement of account clearly reflects this; The defendant has not maintained her contractual payments; There remains a balance outstanding due to the defendant defaulting on her payments; The claimant as the assignee of the debt is fully entitled to persue the defendant for the outstanding sums. The defendants defence is therefore entirely devoid of any merit, and the overwhelming evidence is that the defendant is liable to the claimant for the outstanding balance due under the agreement in the sum of £1,***.** Conclusion The claimant invites the court to exercise its discretion under CPR 3.4 to strike out the defendants defence and that judgement be entered against the defendant. The claimant also respectfully requests costs of and occasioned in the dealing of this matter be awarded to the claimant. I believe etc etc

Oh what a doughnut! Will do that in a bit when I've fed everyone, thank you Andy, Im so terrified you'll tire of me. Only one more debt to go after this one, then I'll leave you alone!

My witness statement 1) I ******** am the defendant in this case 2) I do not deny I held credit facilities with Capital One many years ago. It is denied that the amount claimed is outstanding. 3( It is denied I was ever served a notice of assignment. 4) It is denied the claimant can add section 69 interest to the amount claimed as per the County Court Act 1984, it is my understanding this is awarded at the courts discretion only, and therefore invalidates the amount claimed, as it is not a true reflection of any indebtedness. 5) There is some history to the account on which this claim is based. In 2008 I fell ill and with a view to investigating the possibility of payment protection insurance cover being in force on my personal accounts, as a starting point, I made formal requests to all creditors under the consumer credit act 1974 (s77-79) 6) **/10/2008 In relation to the account in question, a formal request (Doc *) was made to Bryan Carter & Co solicitors who at the that time were managing the account, the statutory fee of £1.00 was enclosed in the form of a postal order. 7) The company did not comply with my request. 8) **/11/2008 I wrote informing them (Bryan Carter & Co) that they were in breech of their legal requirement to comply with my request (Doc *) 9) **/01/2009 Bryan Carter wrote to me enclosing the £1.00 postal order and a letter informing me the account had been returned to the original creditor (Doc *) 10) **/12/2009 Lowell Financial wrote to me (Doc *)...... (Words to the effect of, we know you're a home owner so we'll get a charging order, making it sound like its as easy as that) 11) **/03/2011 A letter was received from a company called Hampton Legal (Doc *) (Same threats as above) 12) A further letter was received from Hampton Legal (Doc *) 13) **/12/2013 County Court Claim received for the amount of £1,9**.** which includes an amount of £4**.** section 69 interest of the county court act 1974. 14) **/12/2013 A request was made under CPR 31.14 (Doc *) was delivered to the offices of BW Legal (Doc *) requesting documents referred to in the claim a) The credit agreement b) The assignment c) The default notice d) The termination notice 15) The claimant did not comply with this request. 16)**/12/2013 Email sent to BW Legal (Doc *) reminding them of their duties to comply with CPR request. 17) The claimant failed to comply 18) **/01/2014 Formal request pursuant to section 77/78 of the consumer credit act 1974 was delivered to the office of BW Legal (Doc *) 19) Claimant has failed to comply, and to date I have not received any correspondence or documents from the claimant. I am unable to wait any longer for them to comply, as I need to submit my documents to the court. I believe blah blah! Probably flawed, but it mirrored my previous defence. Have to go out now, but will write up their witness statement when I get back Sooooo grateful to you Maddie

I'll type it I think, bit complicated for my urgent need to get it posted Thanks though, I will follow the instructions and have a go at some point Maddie

Could you let me know when you get a spare minute if you can see it okay, looks a bit small to me, but that's the biggest I could get it, if not as I said before I'll type it out tomorrow. Once again, thank you Andy

Page 2

Page 1

I just thought you might like to see it though. Been struggling with the other documents, keeps saying there's a problem, and reloading! I will keep trying for a while, but if not I'll type it in the morning, word for word. Many thanks Andy

Probably a bit too small for you to read. The print is pretty small and smudged, not legible in my opinion, still they'll have the original in court

Cca

Okay, here's the 'CCA'

Okay, I have never managed to figure out how to upload, but will give it a go. Back soon

Received a bunch of paperwork from Lowell today. An application form, A witness statement 12 pages of terms and conditions A fake letter from Cap one telling me the debt was sold to Lowell on 01/10/2009. A letter from Lowell saying the same, dated the same. 23 pages of extracts of monthly statements, nothing to suggest they are relating to me. I suppose my main defence is that they don't have a right to use the court to enforce? Would it make much difference if I had since found the real notice of assignment from Cap one with a date much earlier than the one they have filed with the court, and stated in their witness statement? I suppose it would show their documents to be questionable if nothing else. They say in their response to my defence They are entitled to claim the interest on the debt owing, for the avoidance of doubt reference is made to s69 of the county court act 1984. (Could someone have a minute to point me in the direction of where I could find the relevant bit to print and take with me) They say: The statements fully paticularuses how the debt accumulated This is what it looks like: Statement date ****** Min payment due ****** Credit limit ***** New balance ***** Transaction date Details Paid in Paid out Totals £0.00. £0.00 And that's their idea of statements being fully paticularised. They say I'm relying on CPR 31.14 but CPR s.31.14 does not apply to claims allocated to small claims track, nevertheless they have served me with all documents in the witness statement.. They then ask to strike out my defence and enter judgement against me due to their overwhelming evidence! I suppose the plus of going to court is that the monthly payment will be set low,. I have actually found most if the paperwork, maybe I'll ask the judge to adjourn! Any law quotes, case laws etc Anyone could direct me too, would be very much appreciated, I have time to study them before court, and give it my best shot.

Wow, that's the exact wording on a letter I have from them in 2008! they must think the old ones are the best!

changed it all now, I have admitted I had an account with Cap One, in my defence earlier in the year., I disagree however that they have a right to collect on it! Got to send it off now anyway, so what will be will be, can't get stressed over it. Gave it my best! Thanks all, will let you know next week when Lowell's get away with breaking all the rules and still get judgement and a share of my big £80 per month income! To be honest, I'll just be glad to get it over and done with

Mmm, got me wondering now if there is any point in including these things, I'll hang on posting Lowell's till later this afternoon, I intend to go to the court with their copies, so no panic just yet, I'll wait and see what you think

Yes, I have my CCA request, and their response. Letter from Lowell a year later, threatening charging order and selling my home, similar letters x2 from Hamptons acting for Lowell (my reason for including these is to show why I wouldn't comunicate with them, because I had no faith or trust. A letter from Aviva showing a successful PPI claim during that period of sickness. Screenshot iof credit file, showing that debt satisfied. A Cap one statement from 2004 showing PPI payment, and another dated 2007 I obviously explained I have had to find what docs I could because I had no help from Cap one or Lowell's,mojo should have sent me all that, when I asked (CPR etc at the start of the claim) I'm happy to change and reprint my witness statement and remove any unnesasarily documents, if you think they're not relevant.

Oh bum, I've printed and sealed it down now, I have obviously refered to non compliance of CCA request in 2008 also, do you think I should reprint. I was just being completely honest, but don't want to annoy the DJ with my waffle!

Oh okay thank you Andy, I think I will go through it again then, Your input is much appreciated

I have spent the day getting my bundle ready to submit to court tomorrow and post to the claimant, Im now wondering if I have included more than I need to really, given that the claimant hasn't sent me anything, I have enclosed my original 2008 CCA request to Bryan Carter and the letter and cheque subsequently returned to me in 2009. A letter from Lowell's threatening to make me bankrupt or put a charging order on my home As above but from Lowell's 'legal dept' Cap one bank statement dated 2004 showing PPI payment on the account Same but dated 2007, didn't want to copy all the ones in between due to cost. A copy of a letter from Aviva to prove I met the criteria at the time to make a successful PPI claim (unrelated account) A copy of my most recent credit file to show the unrelated account was cleared in full (Only included to prove I met the criteria for a successful claim) Does anyone feel these things are not necessary???

Hi everyone Just getting my witness statement ready to take to court and serve on the claimant ready for the hearing on 10/11/2014. I'm wondering if I should make any reference to the claimant having to have the CCA in court, if so under what number, section of law should I quote? or should I just rely on my own reasons for defending. I'm also concerned that they Lowell's will try and convince the judge, they don't have to have one, I know in some cases that's true, but I believe that was the case for accounts prior to 2007??? Again, under what law number, section would I quote to argue that?? Many thanks, in true stylee, I've left it to the last minute, but so have they seemingly as I've not received a single solitary word from the claimant!

I did mention the charges, didn't get much chance to mention anything else, mediator seemed to be of the belief he was wasting his time, but not by me. Lowell didn't even have anyone available to speak to him at first, they had to go and find someone! He said they never give up on the day of mediation, but may reclaim their hearing fee's and discontinue. I was toying with emailing BW, thanking them for agreeing to mediation, and say I'm looking forward to receiving the documents, they have requested from the original creditor, BEFORE the court hearing. I know they won't reply, just playing with them really, and confirming, I know what they promised the mediator.

Mediation over and done with in a few minutes, nice chap. Apparently he told the other side I have asked several times for the agreement (but not why) still have never seen it, I know it will be needed if it proceeds to court on the 10th November. Apparently, they've requested it from the original creditor, good luck with that then! I asked them loads of times! I'm happy to go to court, win or loose the repayment cannot be fixed at more than £7.50 per month as I have no income of my own except for £87 per month DLA, and I already have a CCJ in payment at £7.50 PM, I will be 101 before that's paid off. If the judge believes me, and he/she should because I'm telling the truth, then technically they will owe me! Mediation, not scary at all.