Lowell/BW claimform - old British Credit Trust Loan

[DomK777]

I have a letter from the CCBC sending them a rocket for not responding in time, then the notice of transfer, then notice of Allocation, so no I don't!!!

[AndyOrch]

Look at your Notice of Allocation....does it contain directions for you and the claimant to complete by a set date pre trial?

[DomK777]

Yes £170 payable by the Claimant by 10 Nov, then diliver to all parties the documents on which you intend to rely 14 days before the hearing so that should have been the 2nd of this month....

[AndyOrch]

Okay so that's what they failed to do and also.....serve you a Witness Statement and disclosure (all Documents) by xxxxxxx...but the point Im getting to..... have you done your Witness statement and disclosure ?...its both parties that must complete the directions.

[DomK777]

In response to the directions, no I didnt know I had to, I was under (stupidly) the impression that I was waiting for someone to provide the burden of proof and therefore I would respond accordingly...

[DomK777]

bearing in mind that the financial ombudsman only provided me with a balance sheet this week as I had reported BW for being in breech of the CCA

[AndyOrch]

In response to the directions, no I didnt know I had to, I was under (stupidly) the impression that I was waiting for someone to provide the burden of proof and therefore I would respond accordingly...

No you must follow the Directions otherwise the claimant can make application to have your defence struck out but visa versa as they have not complied either

 

bearing in mind that the financial ombudsman only provided me with a balance sheet this week as I had reported BW for being in breech of the CCA

Court Directions/process and timetable come above the FOS

 

Andy

[DomK777]

QQ what is the witness statement and where would I get one etc? Im ignorant on this one..

[DomK777]

Sorry for the above muck about Ive found both directions questionaires clipped together in the back of the file..

[AndyOrch]

A witness statement is your evidence in your own words as witness as to why you are defending the claim...a more particularised version of your defence but in your own words.

 

It should conform to the CPR in form content and layout and be signed with a statement of truth.

[DomK777]

Yep got those,,

[AndyOrch]

Yep got those,,

 

But have you sent yours (witness statement & disclosure) to the claimant and court Dom?...that is what I have been asking for the last 17 posts

[DomK777]

Yes I believe I have..

[DomK777]

This is what I'm currently thinking, I've looked at their directions questionnaire but they haven't filled anything in except the necessary.

 

1 upon receipt of the claim form which came as a surprise, this was responded to in the allotted time frame. This started a chain of events.

 

On the 30/06/14 a letter was received at the BW Legal offices by a person of the surname Shaw, also to Lowell Portfolio 1 and signed for by a person with the surname Barlow these were signed for at o8:37 on the 3oth of June and 07:43 on the 1st of July respectively, the contents of this letter were a request pursuant to the consumer credit act of 1974 ss/78 & 78 CPUTR 2008 ss3.3b, 5 .2a & b that I be sent:

 

1.. a copy of the default notice as per ss/88 of the CCA

2.. a copy of the notice of assignment

3.. a balance sheet not just with an amount owing but also with the amounts paid in also attached as well as an indication as to how the claimant derived the costs they claim are owed.

 

A postal order was also provided as per ss/77.1 of the CCA

 

A reminder was sent to both parties on the 09th of July 2014

 

A further reminder was sent on the 31st of July 2014 stating that BW Legal/ Lowell portfolio 1LTD as per ss/77.6 were in default therefore making the debt unenforceable at law.

 

These to date have not been received, with the exception of a partial balance sheet provided to me by the financial ombudsman and not the claimant and therefore under the CCA 1974 ss/77.4 the claimant is t entitled while this default continues to enforce the agreement. I refer you to to ss/97 of the CCA.

 

In fact the first response which I received from BW legal was after the defence was filed please refer to CPUTR ss2.5b, 6.1a,b,c, 6.3a

 

There are two letters with different balances dated in august, two reference numbers, if it is interest and charges, please refer to ss77A.6a of the CCA or is this relevant under ss82.2

 

I notified the court on the 8th of August 2014 to CCA 127. (3) The court shall not make an enforcement order under section 65(1) if section 61(1) (a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

On not receiving, any information under the CCA request, I approached the financial ombudsman to do it for me, and I have had a partial balance sheet which indicates I have paid

 

British Credit Trust the amount of : £6133.23 on a loan for £5000.00, in addition it would seem on no less than 10 occasions there were a number of additional charges which amounted to £299.46 which also seem to have been paid for but this is only half the story, I have statements dating back to January 2006 where I had a direct debit paying into a separate account with British credit trust in December 2007 I was paying these people 45% of my wage this carried on well into 2009. I refer you to ss/81 of the CCA. And 2.9(4) For the purposes of this Act, an item entering into the total charge for credit shall not be treated as credit even though time is allowed for its payment.

 

This does not stop here, a further £1800 was paid to a One debt solutions to finalize my dealings with British Credit Trust and my final instruction was to give all monies due them, this instruction was given via email on the 20th of November 2011, I was later notified that the company had been liquidated in December 2013 with no further notice from British Credit trust or any other party which is why I needed an up to date balance sheet to answer any queries as to where thousands upon thousand of pounds have gone even though all efforts had been made to pay British Credit trust who would in fact if indeed had been paid in excess of all debt charges and interest with change to the amount of £64 which could be rebated if my sums are correct

[DomK777]

Literally just recieved BW Legals WS half of what they claim is not in the evidence pack..

[DomK777]

These guys did the same to me, I'm in court in the morning... I just went through their items and can refute every one of them and that's is what I'll tell the judge...

[DomK777]

Judge disagreed with me on both counts with this one... Sorry,, might appeal it, but considering bankruptcy simultaneously.

[DomK777]

Judge disagreed with me on both counts with this one... Sorry,, might appeal it, but considering bankruptcy simultaneously.

[DeBilde]

Sorry to hear that DomK777, did you dispute the late filing of their WS and Docs?

[DomK777]

Yes,, the judge said that even though the claimant was late, so was the evidence I now wanted to use..

[DomK777]

Yes,, the judge said that even though the claimant was late, so was the evidence I now wanted to use..

[AndyOrch]

Yes,, the judge said that even though the claimant was late, so was the evidence I now wanted to use..

 

I thought you had submitted your witness statements and followed all directions as we discussed over the last 17 posts Dom?

 

Andy