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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Lowell Claimform - old Vanquis card debt***Settled Tomlin Order***


jb000
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  • 2 weeks later...
  • Replies 132
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A couple of days ago, I received something called a Directions Questionnaire. It is saying something about mediation. I do not want to mediate with them. Do I simply ignore or contact the Court. I have had a look at one or two threads, but I am still none the wiser.

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nd mediate, if not they will ay cannot take place (mediation) and pass case back to the courts, what happens is mediator rings and ask you questions, they speak to the other side (you do not) and mediate if necessary, read other threads and you will learn what happens. you must respond to that form, sure somebody will advise here soon as aswell.

:mad2::-x:jaw::sad:
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just type in

 

claimform card N180

 

into the search cag box of the top redtollbar

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I see things a bit clearer now.

They have sent me a copy of what they have completed to the Court.

I am still waiting for my questionnaire to come from the Court.

 

Once I get it,

I state yes for mediation,

yes for small claims track and

state my local county court and

send 3 copies,

one to Court,

one to them and

one for file.

Edited by dx100uk
spacing
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well done

 

don't forget to omit email/phone/sig from the sols copy.

you don't need to give them a free way to harass you when they lose , nor to purposefully send their disclosure at 1 min to midnight on the last day they are due IF it gets that far.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

UPDATE: Sent questionnaires off to Court and Lowell Solicitors by recorded delivery early last week, well before deadline. A check with Royal Mail shows both have signed and received them.

 

Today I received another copy of the credit agreement and statement from Lowell. This time, they have managed to dredge up the default notice. I cannot understand why this has not been sent to me before. As far as I am aware, that could have been typed up at any time.

 

The most concerning thing is that they have sent me a Tomlin Order application. I have had a quick look at threads and apparently this is a big no no. I just wonder if they are trying to frighten me before they give up.

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good...you're learning:wink:

 

scan up what they have sent to PDF please

read upload ONE multipage file ONLY.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Sorry for the delay. I have been ill recently and also my computer packed in. This is the notice of default. I am still waiting for a mediation appointment, however, as far as I am concerned, there is nothing to mediate. I have ignored the Tomlin Order and waiting for the next move.

 

I don't know why the document is over 4MB. I am not very computer savvy. So if someone could come along and try to reduce it, I would be very grateful.

Default Notice.pdf

Edited by dx100uk
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not sure why you keep obscuring dates

we needdates to make sure things are compliant

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry about that. I was a bit unsure whether they could trace me by the date as they probably read these threads. I will keep the dates in tact from now on. Letter was dated 12 December 2012 and the other date was 31 December 2012.

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doesn't matter if they can..

once a court claim is issued there is very little point in secret squirrel stuff anymore

 

DN sounds compliant then..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

UPDATE. 

I was sent a letter to commence mediation,

however, the only time slots available were on a Monday to Friday between 9.00am and 1.00pm. 

I e-mailed the mediation service and stated that I could not make any of those time slots as I work Monday to Friday between 9.00am to 5.00pm and any time off has to be arranged well in advance. 

 

I said that I was quite prepared to mediate, however, given the very limited time slots, it would be impossible for me to do so at the times on offer.

 

Yesterday, I received notice from the County Court

My hearing is on 28th June and the Judge has allocated 1.5 hours for the hearing. 

 

I noticed that they will have to stump up £170 by the end of May if they want to see me in Court. 

Whether they do so or not is anybody's guess. 

 

I'm quite prepared for a fight and have my day in Court as this has already trashed my credit history for 6 years and has just dropped off my file.  So I am certainly not going to let them trash it for another 6 years.

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Now you refer to the notice of allocation and follow the directions imposed by the court and by what date......start preparing your statement and disclosures.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 1 month later...

Just received this morning a huge batch of papers from Lowell Solicitors by Special Delivery. 

This includes their witness statement which is about 5 pages long with screenshots. 

 

I am in the middle of compiling my statement for the hearing. 

I thought that if I pushed them, they would back down at the last minute as they have done in the past,

however, it looks like they are going for it. 

They have even stated in the covering letter that they will be represented and are also going for costs at the hearing.

 

I remember a post of a similar situation with Vanquis and Lowells where it went to Court with more or less the same paperwork as I have, full of screenshots and an unsigned credit agreement and the Judge threw it out, but for the life of me, I cannot find it anymore. 

 

I am hoping to use the witness statement for that hearing to help me with my case.

 

So, where do I go from here? 

I was hoping that they would chicken out, but I think they are taking this one all of the way.

 

 

 

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Scan redact and post up their statement and evidence...really cant comment until we know what they wish to rely on.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Just found the post I was after thank goodness.  I will post up their defence tonight after work.  I am no good at scanning as I rely on my mobile phone, so please bear with me.  I have found the witness statement I was after, so I will edit to suit and post up a copy and hopefully you can tell me if I am going down the right road.

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Post a link to the thread in question also....is it one of my witness statements? 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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50 minutes ago, jb000 said:

Just found the post I was after thank goodness.  I will post up their defence tonight after work.  I am no good at scanning as I rely on my mobile phone, so please bear with me.  I have found the witness statement I was after, so I will edit to suit and post up a copy and hopefully you can tell me if I am going down the right road.

 

Download Officelens from Microsoft and follow the instructions :)

Itll make clearer images of the documents. 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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OK guys, after thinking about this long and hard. I have decided to go down the Tomlin Order route. Sorry for chickening out. 

 

However, I have no property or savings, my expenditure is slightly more than my income. So what can they get apart from a token amount each month. 

I just don't want this going to a CCJ when this has spent 6 years already as a default. 

 

My credit record is clean now, I want it to stay that way.Anyway, thanks to all who have provided advice. 

I will give a small donation to CAG for all of your good work.

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why?

can we see this WS please they sent inc exhibits

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello DX100uk

The deadline for submitting the witness statements was today.  I did have one to submit to the Court as I work close by.  However, I thought that:

 

a) I could lose and the Judge awards a CCJ and b) as I have no disposable income, they will only get a token  amount with no CCJ.

 

I just did not want to gamble because my credit history is clean now, and I want it to stay that way.

 

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id certainly not give up yet plenty of time yet.they might disc once your WS has landed.it doesn't hurt a lip filing WS late

you have certain leeway.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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