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    • okay, perfect and thank you so much for the help once again. so firstly i am going to initiate the breathing space, during this time it's likely ill receive a default. when i receive the default are you aware of how long it will take for me to know whether the OC have sold it off to DCAs? Once it's with the DCAs i do not need to worry as they cannot issue a CCJ only the OCs can Even if i decide to come an arrangement with the DCAs no point as the default will remain for 6 years paid or not paid I should only consider repayment if the OC still won the debt and then issue a CCJ? Just to confirm the default will not be seen after 6 years? No one can tell I had one then after 6 years ill be all good?
    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
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Lowell/Lowell sols claimform - old cat debt


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Hello guys ,

Just came back from the court.

 

When the proceedings started ,

the first thing judge said to lowell solicitor was

" the I am going to strike this case of on the basses of non compliance with cca and cpr .

 

, then the lowell solicitor managed to to get some more time from judge to produce debt evidence in statements from VERY.

( THE JUDGE GAVE LOWELL 28 DAYS TO PRODUCE EVIDENCE OF DEBT IN THE FORM OF STATEMENTS FROM ORIGINAL CREDITOR VERY IF THEY CANT THE CASE WILL BE STRICKEN OFF)

 

Also judge will look at further if they can use generic agreement in next hearing.

 

Surprisingly I was able to login to my very account which was closed long time ago, but there is no account history at all , no account summary, no transaction at all.

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Sounds like your Judge has no time for claimants messing him around:wink:

 

Andy

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Well done on getting this far sk. If anything, it sort of rewinds the clock, should they be able to produce anything. Hopefully we'll get a chance to view whatever it is they're relying upon in support of their claim, and then we can take it from there.

 

At least we're still in the game, which didn't look too likely ten days ago. :-)

 

Sham

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No thank you all for helping me go this far , I wouldn't have done it without your help. I wish I knew about this forum before. I will update soon as I hear anything.

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Well, the main thing it that you know about it now!

 

With regards the 28 days Lowell have been given to produce statements, I fancy it'll be finding a valid agreement and satisfying the need for a Default Notice to be issued that will cause them the most concern. Something tells me they'd have already brought them to the party if they had them. Let's see though. :-)

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Yes,

I think if they could access these they would have provided me they had enough time.

Its not I am avoiding to pay VERY I will pay them today if they can bring my original balance back which I know for sure was under £500.

 

 

I dont want to pay LOWELL thieves who ripping people off .

I dont know how they can sleep at night.

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  • 3 weeks later...

Images too small to read.. please convert them to PDF format and re upload.

 

Andy

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So no exhibits or proof to substantiate their claim....... as per the judges order......

 

2. Claimants do flle and serve a detailed statement in repl1,. including copies of statemerts of accounts, to the Defendant's statement of 21107 /2016, which shall be treated as the amended Defence, such statement to be filled nd served with exhibits by 4:00pm on 30/0812016. ....In default, Claim be struck out.

 

Poor attempt to get around the order....fail.

 

Andy

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So, that's all they have sent?

 

When uploading document, insert them into a MS Word document in page order and then print as PDF - you can then just upload the PDF and everything will be easier to follow.

 

Your response to that WS is easy, but I haven't got time to go into depth on it today. Maybe Andy will comment in the meantime....or would you rather we draft something up first Andy and then you can suggest improvements?

 

SORRY - you beat me to it Andy.

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It would appear that the above WS is all you'll be getting. It might just be a final attempt to get you to concede to them....would be surprised if they were brazen enough to go back in front of a judge with a response like that.

 

I hope so.

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Do I need to respond to there W/S ?

 

My best guess would be 'yes', but I'll let Andy answer this when he looks in next. There could be an alternative school of thought that you only need to turn up at court and state that the claimant hasn't complied with the order, but I don't personally know what the appropriate action is.

 

Their WS is nonsense in any case and can easily be countered.

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Yes I fully agree with all the above...I would submit a further supplemental witness statement...only needs to be short and succinct in that the claimant has failed to comply with the Order dated xxxxxx and is self evident that they cannot disclose any evidence on which their spurious claim relies upon.

 

You request that their claim be struck out as per the order dated xxxxxx forthwith...pursuant to CPR 3.4

 

Simple.:-D

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Yes I fully agree with all the above...I would submit a further supplemental witness statement...only needs to be short and succinct in that the claimant has failed to comply with the Order dated xxxxxx and is self evident that they cannot disclose any evidence on which their spurious claim relies upon.

 

You request that their claim be struck out as per the order dated xxxxxx forthwith.

 

Simple.:-D

 

Can some one help me draft it when you have time? and do I need to send a copy to both Lowell and Court as well? Thank you

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Yes file and serve......already drafted above :-D

 

Add the headers....head it Supplemental Witness statement of SK1 and finish it with a statement of truth.

We could do with some help from you.

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Yes file and serve......already drafted above :-D

 

Add the headers....head it Supplemental Witness statement of SK1 and finish it with a statement of truth.

 

Thank you I will do that now and post it here for final check before sending.

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