lloyds tsb

[Dorabell]

Bump:)

[Andyorch]

Bump:)

 

A few days Dora, not a week I have not forgotton you:D

 

Andy;)

[Dorabell]

bless you thanks:)

[Andyorch]

If you would like to take a look at the one I have just posted for Tonka this will give you an insight into what is required.

 

Andy;)

[Dorabell]

ok andy thanks i have had a quick look:)

[Dorabell]

Hi andy i have red the ws you have posted on Tonks thread im still trying to digest it all

[Andyorch]

Digest it, i thought you would have had yours drafted by now:D

 

 

Andy

[Dorabell]

Digest it, i thought you would have had yours drafted by now:D

 

 

Andy

 

[Andyorch]

Ok this is how to format your WS and should contain evidence refuting the Claimants Statement.You can edit/add the finer details to suit your case dates etc..

You will have to add the header Name v case number etc

 

Witness Statement

I Dora of address xxxxxxxxxxxxxxxx Make this Statement in oppostion to the Claimants Application made xxth xxx 2009

 

 

 

1 This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

 

2 I do not deny that a contract once existed between me and the claimant. I deny the contract endures since on a day prior to the commencement of this case against me, the Defendant terminated the contract.

 

3 I deny that I have ever received an effective default notice from the Claimant prior to the contract being terminated.

 

4 At trial I shall contend that under Section 87 of the Consumer Credit Act 1974 (The Act) the creditor must deliver a default notice which complies with all of the requirement of Section 88 of the Act and of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 before the Claimant will become entitled to terminate the agreement and make any demand for early payment. It is my case that no default notice which complied in the respects referred to was ever delivered to me by the Claimant.

 

5 The Claimant contends otherwise and in support of its contention that a compliant default notice was delivered to me relies exclusively on a screenshot from a “Mida” system that shows the entry XXXXXXXXX NOD

 

6 I understand the claimant claims that NOD stands for Notice of Default.

 

7 The claimant has already admitted in a letter dated xxxxxxx that they are unable to produce a copy of the default notice.

 

8 At trial I will contend that the screenshot is inadequate for the purpose of demonstrating the Claimant delivered a compliant default notice. Under Section 88 (1) of the Act, for a default notice to be compliant it must be in a prescribed form and specify the nature of the alleged breach; if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken and if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

 

9 The screenshot evidences none of these things. The Claimant has already given notice that it will be unable to give discovery of the default notice relied upon. In the absence of production of a copy of that default notice together with evidence from a witness having first hand knowledge that the copy so produced was delivered to me, stating the date on which and the means by which the default notice was delivered to me, contrasted with my evidence to the court that a default notice was not delivered to me, I contend that I have more than reasonable prospects of successfully defending the claim against me.

 

10 Moreover, The claimant claims the default notice was sent on the XXXXXXXX and that the default notice if it could be seen by the court would show it had allowed XX days for me to rectify any default mentioned in it. Under section 88(2) of the Act, the creditor cannot terminate the agreement or demand earlier payment of any sum due under the agreement before the date specified in the default notice. Besides the fact that merely stating the default notice would have allowed XX days is non-compliant with the requirement of section 88 of the Act owing to the need to specify a date (rather than an interval of time), it is telling in terms of the Claimant’s credibility that if the notice was delivered on the XXXXXX and gave XX days for me to rectify any default mentioned in it as the Claimant appears to contend, that the claimant’s solicitor sent a Letter Before Action on the 14th April 2008 demanding payment, being just XX days after the claimant claims the default notice was sent.

 

11 The delivery of the letter before action is good evidence that on or before XX XXXX, the Claimant terminated the agreement.

 

12 In any event, if contrary to my contentions and expectations, the Claimant should prove at trial that a default notice was delivered to me on XXXXXXX the Claimant will be unable to show by reference to that default notice that it subsequently became entitled to terminate the contract. If the termination followed on from the delivery of the default notice on XXXXXXX and which gave to me XX days to rectify any default mentioned in it, the termination of the agreement prior to the expiration of the period given to me in the default notice was a termination which did not then entitle the Claimant to demand earlier repayment.

 

13 Without Prejudice to my main contention set out above, the claimant now claims without any good or proper explanation, that the value of the original claim is incorrect and They therefore request the claim value to be amended to £XX XXX XX. Yet they have failed to provide proof of how this figure has been arrived. The claimant’s solicitor however did provide an Appendix which showed various calculations.

 

14 In the circumstances and in addition to my main contention, I contend that until such time as the Claimant has established a legal entitlement to earlier payment and given disclosure of material which unequivocally justifies an entitlement to the sum of money claimed, it is impossible for the Claimant to show and for the court to determine at the hearing of an application for summary judgment, that I have no reasonable prospect of showing at trial that the sum of money claimed (whatever that sum may be) is not owing to the Claimant.

 

15 The claimant also claims £XX XX in charges. I refute these are payable. These are default charges levied on the account for alleged late payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 [The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

17 In the circumstances the court is invited to conclude that there are reasonable grounds to suppose that I will be able to successfully defend the Claimant’s claim at trial and that the Claimant’s application for summary judgment against me should be dismissed.

 

Date: xx September 2009

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statementare true

 

 

Signiture

 

Post up your final version for myself and others to verify before submission

We just need to beef up a litttle on the CCA and insert a contention in relation of the needs to produce a legible and true executed original at trial.

 

 

Regards

 

Andy

[Dorabell]

Hi andy thanks i have been studing the above ws for the last couple of hrs still cannot get the hang off it:-|

[Andyorch]

Dont worry Dora we are basically refuting everything their witness as contended in theirs.(which isnt much;))As long as we avert their application for SJ the above will serve its purpose.Anything not applicable ie unfair charges etc needs to come out

 

Andy

[Dorabell]

Dont worry Dora we are basically refuting everything their witness as contended in theirs.(which isnt much;))As long as we avert their application for SJ the above will serve its purpose.Anything not applicable ie unfair charges etc needs to come out

 

Andy

 

Hi andy its me again lol:) i have studied the above is this what i should be putting n Ws

 

the claimant they say the do not have to produce the original and has been destroyed

there claimaint issued a default notice xxxx the copy i have has a diffrent date on

they saying the account was closed by the claimant they never issued any correspondence just the last statement saying charge off account balance 00.00:confused: i hope i havent confused you:???: because i am lol:)

[Andyorch]

No I understand what you are stating,The above WS is only the format and general content one would present in opporsition to the Claimants application for SJ.You are aware of the finer points hence the need to amend and include what i have missed.So It will need inclusion of what you have stated and also we need to refute the point that they dont have to supply the original because as they state it has been destroyed.

 

Andy

[Dorabell]

No I understand what you are stating,The above WS is only the format and general content one would present in opporsition to the Claimants application for SJ.You are aware of the finer points hence the need to amend and include what i have missed.So It will need inclusion of what you have stated and also we need to refute the point that they dont have to supply the original because as they state it has been destroyed.

 

Andy

 

Hi andy thanks:) can i just to add to the above ws about them not supplying the original agreement what about the closing off the account which i never received any correspondence and what about the copy of the last statement nil balance, sorry to keep asking question having a few bad days cannot focus at the moment, i now i have to get this done and posted by tomorrow

[Andyorch]

Yes Dora.

 

Your WS is your last chance to state your case(in most cases).Its just to stop them attaing Summary Judgement.By no means the end of matters.

Put in your words anything I have missed and visa versa remove anything that is not applicable.The above WS was drafted for Tonka,As you are aware I am inundated at the moment so cant afford the time to personaly draft unique defences/statements.Post up your final version and let me check how you have worded it.

 

Regards

 

Andy

[Dorabell]

Yes Dora.

 

Your WS is your last chance to state your case(in most cases).Its just to stop them attaing Summary Judgement.By no means the end of matters.

Put in your words anything I have missed and visa versa remove anything that is not applicable.The above WS was drafted for Tonka,As you are aware I am inundated at the moment so cant afford the time to personaly draft unique defences/statements.Post up your final version and let me check how you have worded it.

 

Regards

 

Andy

 

sorry andy i now you are busy i do appoligise:-| i have drafted a ws reflected whats on theres ws, i just hope i have done it right if not dont shout at me lol i will post up wen you have 5mins

Edited September 18, 2009 by Dorabell

[Dorabell]

Lloyds TSB Bank PLC v xxxxxxxx xxxxxx

Claims number xxxxxxxx

 

 

Witness Statement

 

 

 

 

1 This statement is made in opposition to the Claimant’s application for summary judgment and by which the Claimant contends I have no real prospect of successfully defending the claim against me.

 

2 I do not deny that a contract once existed between me and the claimant. I deny the contract endures since on a day prior to the commencement of this case against me, the Defendant terminated the contract.

 

3 the claimant has already admitted that they are unable to produce the original application form/ agreement document which has been copied onto microfiche and subsequently destroyed

 

3 The Claimant contends otherwise and in support of its contention that a compliant default notice was delivered to me relies exclusively on a screenshot from a “Mida” system that shows the entry NOD

 

4 The claimant admitted issuing a default notice on xxxx it was automatically produced on a printer on the claimants premises the notice showing outstanding balance of xxxxxx which does not reflect with the original statements, nor with the original date on the NOD

 

5 I understand the claimant claims that NOD stands for Notice of Default.

 

6 the claimant has admitted the account was closed on the xxxxxxx with the outstanding amount xxxxx showing which does not reflect with the original statements

 

7 The claimant instructed a third party to recover the debt, the claimant have admitted that the letters and other documents have been destroyed lost or mislaid and cannot be traced or reproduced

 

8 In the circumstances the court is invited to conclude that their are reasonable grounds to suppose that I will be able to successfully defend the claimants claim at the trial and that the claimant application for summary judgement against me should be dismissed

 

date xx September 2009

Statement of truth

I believe the facts stated in the witness statement are true

[Dorabell]

they have enclosed a copy of the memoline data i have asked for they have hilighted xxxxx balance and arrears,and there allocation questionaire, bundle off statements again, another copy off the cca the same as what i have posted up, and copies of what i have already received from the courts

 

just received a letter from SCM wanted to clarify the dispute i have with the copy of the document number xx which they sent in the last letter the document was sent for the avoidance of any doubt they have enclosed another copy they await my comments?

[Dorabell]

Yes Dora.

 

Your WS is your last chance to state your case(in most cases).Its just to stop them attaing Summary Judgement.By no means the end of matters.

Put in your words anything I have missed and visa versa remove anything that is not applicable.The above WS was drafted for Tonka,As you are aware I am inundated at the moment so cant afford the time to personaly draft unique defences/statements.Post up your final version and let me check how you have worded it.

 

Regards

 

Andy

 

Hi andy i now you are busy:) can you please check the above Ws for me please see if i have done it right if you have a few minutes i will have to post today thanks:)

[Andyorch]

Hi Dora

 

Yes the above is fine,no need for apologies,I just dont want you to miss the time frame.

 

Regards

 

Andy

[sunflower99]

Hi Dorabell!

Looks like you doing fine! and i am glad you got your witness statement sorted.Hopefuly we will both give our horrible DCAS some grief in court!

[Dorabell]

Hi Dora

 

Yes the above is fine,no need for apologies,I just dont want you to miss the time frame.

 

Regards

 

Andy

 

Thanks andy i do appriciate your help:) one more question i will leave you alone lol who do i have to send copies to

[Dorabell]

Hi Dorabell!

Looks like you doing fine! and i am glad you got your witness statement sorted.Hopefuly we will both give our horrible DCAS some grief in court!

 

thanks SF hope so lol:)

[Andyorch]

Thanks andy i do appriciate your help:) one more question i will leave you alone lol who do i have to send copies to

 

Just the Claimants Sols,you can also send one to the CC but thats its not a requirement as you will produce one in your bundle later down the line.

 

Regards

 

Andy

[Dorabell]

Just the Claimants Sols,you can also send one to the CC but thats its not a requirement as you will produce one in your bundle later down the line.

 

Regards

 

Andy

 

Ok andy thank you so much:) i have saved one copy for the courts to produce in my court bundle i will leave you alone for now i am sure i will be requiring your services again ;)lol