Carter/lowells claim form HBOS loan - help

[AndyOrch]

What dates are you working to N Hope...dates to exchange and serve witness statements by ?

[N-Hope]

Due by 16th Nov.

[N-Hope]

Hi Andy, since i will be attending, do i need witness statement please?

[N-Hope]

What dates are you working to N Hope...dates to exchange and serve witness statements by ?

 

Hi Andy, since i will be attending, do i need witness statement please?

 

Due by 16th Nov.

[AndyOrch]

All parties normally submit a witness statement..that is the evidence you rely on to support your defence.....nothing to do with attending

 

What does it state in the directions...contained in your Notice of Allocation?

[N-Hope]

All party shall deliver to every party and to court office copies of all documents on which he intended to rely at hearing no later than 14 days before the hearing. original documents shall be brought to the hearing. no witness statement mentioned.

 

i hope i am not in trouble ....

[AndyOrch]

No mention at all of witness statements ?

[N-Hope]

No mention at all of witness statements ?

 

Yes

[AndyOrch]

So what does it state ?

 

Can you type out the directions verbatim....

[N-Hope]

Yes, there is signed statement , mentioned

[AndyOrch]

Better start a search on Witness statements.

[N-Hope]

So what does it state ?

 

Can you type out the directions verbatim....

 

signed statement setting out the evidence of all witness on whom each party intends to rely must be prepared and included in the documents referred to in the paragraphs above.

[N-Hope]

Better start a search on Witness statements.

 

i have messed up....

[AndyOrch]

This is what happens when posters tend to skim read and not update their threads regularly....now panic has set in.Type witness statement in the search box (top right) under the CAG logo ...this will bring up all the threads were its referred to and may even show you some examples on how to draft and format it.

 

Regards

 

Andy

[N-Hope]

This is what happens when posters tend to skim read and not update their threads regularly....now panic has set in.Type witness statement in the search box (top right) under the CAG logo ...this will bring up all the threads were its referred to and may even show you some examples on how to draft and format it.

 

Regards

 

Andy

 

i am sorry ... lesson learn ......

[AndyOrch]

No need for apologies...your not the first N Hope nor will you be the last.....

[N-Hope]

No need for apologies...your not the first N Hope nor will you be the last.....

 

I don't want to mess up all the efforts.......

[N-Hope]

Here is what I have been able to come up with, I am sure it is not too late and i can still drop it off tomorrow.....Please help to amend...Thanks

 

IN THE county court of XXXXXXX CLAIM NO:

 

BETWEEN:

LOWELL PORTFOLIO I LTD Claimant

-and-

Defendant

 

WITNESS STATEMENT OF xxxxxxxx

 

I. xxxxxxx the defendant in this claim make the following statement believing it to be true will state as follows:-

 

1.It is admitted that I have in the past had financial dealings with HBOS.

 

2. It is admitted that I accepted a service offered by xxxxx to carry out general banking.

 

3. It is denied that I was informed of assignment of this debt neither by the original creditor nor the assignee.

For an assignment to be legally binding it must be pursuant to the Law of Property Act 1925 (sec136)

Assuming it’s a Legal Assignment Only the benefit of an agreement may be assigned.

The assignment must be absolute.

The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.

The assignment must be in writing and signed under hand by the assignor.

Notice of the assignment must be received by the other party or parties for the assignment to take effect.

 

Again it is denied any Notice of Assignment was ever received.

 

4. It is admitted on receipt of the claim form I did request for information pursuant to CPR 31.14.

 

Namely to show how I entered into an agreement

Show how the claimant quantified the amount claimed

 

And to show how the claimant has legal right either under statute or equity to issue a claim in their name

Given that at this stage the claim is trackless and not allocated, CPR 31.14 does apply and the claimant is required to comply to validate and assist in verifying its claim. Although it is a civil request the court expects parties to communicate to try to narrow any differences.

Given that the claimant readily issued a claim based on documentation referred to within their particulars one would assume that they would be more than happy to comply to prove that any claim is valid and therefore eradicating any need to defend or proceed to trial.

I understand that this avoidance can be sanctioned when the question of costs arise as deemed as being unreasonable.

 

 

As per CPR 16.5(4) it is expected that the claimant prove the allegation that any money is owed and disclose all documentation relied upon as the basis of their claim at trial also ensure that the original are available.

 

5. It is in my opinion that the claimants claim is fanciful contains no proof, and uncorroborated. Totally unaware of the details of debt they have purchased and expecting judgment/relief be granted, relying on the court to base its decision on assumption and basis of probabilities.

 

It is therefore submitted that the claimants be ordered by the court to quantify, verify, substantiate and disclose all evidence relied upon and should the claimant fail to that, their claim be struck out under CPR 3.4 as having no basis.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………….

 

November 2015

[AndyOrch]

Is the claim for an overdraft?

[N-Hope]

No, it's for Loan please

[AndyOrch]

Well the above is mostly with regards to an overdraft...you need a personal loan Witness statement or remove the current account elements from above

[N-Hope]

okay, i have checked the tread I can see any personal loan witness statement.....

 

any link please...

[N-Hope]

Well the above is mostly with regards to an overdraft...you need a personal loan Witness statement or remove the current account elements from above

 

I should remove the current account from the above ... .... what current account are you referring to please?

[AndyOrch]

I should remove the current account from the above ... .... what current account are you referring to please?

 

All the parts in the above witness statement that refer to a current account overdraft....

 

for example.....Show and evidence service of Notice served under Sections 76(1) and 98(1) etc

[N-Hope]

I have removed the current account element, please check if anymore.....