Hi,

Im in the process of going to court with lowell for an old Argos debt.

The hearing is next week, the 7th of June.

I sent CCA and CPR requests in December last year and agreed to mediation. I got a reply stating that all paperwork would be sent to me just before court so couldn't sort things via mediation as I didn't have any details of the claim.

In April I was sent copies of my signed agreement and statements of payments/purchases.

A couple of weeks ago I was sent a copy of Lowells defence. I haven't received a copy of the default notice and in Lowells defence statement they state that they do not have a copy but can confirm that the original creditor has told them the date and they list it.

Now I have received a Tomlin Order from Lowell and original debt of £255 is now £549 with interest, solicitors costs and the cost of the Tomlin order.

My plan was to go to court and if judgement went against me then I would pay up on my Credit Card and pay it off over the next 2 months rather than deal with Lowells. Now I haven't a clue what is best, I've read a few posts and googled about Tomlin Orders but I don't fully understand it all. Would them not having a copy of the default notice help?

Thanks

can you upload your defence, and their witness statement and attachments all redacted to a single page pdf

have you done a witness statement yet?

a Tomlin order means you won't get a ccj if you stick to the payment arrangements but it costs £100

I will try, it was Lowells witness statement I received not defence sorry. I haven't done a statement no and I know I am too late. I am away on holiday from Saturday so couldn't attend(I know this will probably go against me)

The attachments are statements of account so there is a big wad.

in that case I would recommend the Tomlin Order due to you not being able to attend

wait till Andy or DX looks in

OK, thank you

failure to provide the default notice has successfully won numerous cases against Lowell here of recent.

it is fatal to their claim.

what defence did you file?

TBH im rather annoyed you've had plenty of court experience and you've let an easy win slip.!!

I know...had a lot of major things going on in my personal life to deal with regarding coujrt things with my ex, not an excuse but it was all last minute when I received the copies of the signed agreement etc and all other ones have been straight forward.

I admitted to having an account in the past but was unaware of any balances and asked for proof.

I did contact the court to let them know that I was unable to attend and stated what I had asked for with copies.

ok not to hand at present but I believe theres a WS here already that secure a win on no DN even though the cagger like you did/could not attend..

That £255 is probably full of £12 penalty charges, so you could easily challenge them (and cause Lowell to sweat in the process).

At the very least, if you did want to accept the Tomlin offer (which I don't necessarily think you should), you should not take their first offer. Even if you can negotiate £5 off, it's £5 less for the scumbags Lowell.

OK..thank you

There are 6 late payment fees each £12 on the statements and 4 charges for DCA letters but to be honest I can't remember receiving them. It was 2012 and my life had just fell apart, I only got back on my feet in 2015 due to the behaviour of my ex husband.

Ive also just only noticed that even though I apparently signed the agreement in 2005 the copies of the statements of account only start from 2012 but some print out of lines showing earlier dates, not proper statements not sure if this makes any difference.

hehe charges for DCA letters

opps that's a big NO NO!!

this is looking better every minute for you!

hehe charges for DCA letters

opps that's a big NO NO!!

 

this is looking better every minute for you!

Oh..really? Im off to bed now but will check back in the morning

Please try to get your defence and their WS uploaded ASAP. The claim sounds dodgy as hell.

You also need to get a WS done for yourself too, albeit you're probably late. Better late than never though.

I don't have any way of scanning the paperwork(just read how it should be)

I've just got home so will start reading up on witness statements to get an idea.

Take photos and add them to a Word doc. You can blank out person or identifiable details by adding textbox layers over the words you need to hide. Finally, print to PDF.

Unfortunately I don't have a licensed copy of word either.

Ive taken photos of their witness statement and 1 page of a print out that they sent to show an idea of what it is.

The statements from argos are 3 years worth 2 pages each, just statements of account which is a huge bundle to photograph.

Could I send these pics privately or send a link if I can upload somewhere?

I've used Paint to block out personal details(only thing I have to use )

don't need the statements nor copies of 'cases'

read UPLOAD theres a program listed in there you can use to create ONE multipage PDF

all the exhibits please + DN

and did YOU file any defence

we'll need that too...

Thanks, hope Ive done it right

Oh, there is a signed agreement, forgot to add that(should I now? ) sorry but no default notice, no.

Yes, I did. Have attached the agreement and my defence, which Ive just taken from the site as can't find it on my computer at the minute..hoping my defence was right.

Only other things I have now are copies of the monthly Argos Statements but only from September 2009 through to October 2012.

No problem, I've attached the very last statement that they have sent a copy of, and thank you so much.

ClaimantsWS.pdf

SignedAgreementANDDefence.pdf

ArgosStatement.pdf

Nice to see my defences get around

Andy

thread tidied

Im trying to draft a witness statement, have had a read over the site but still unsure. I know my main point is that there is no default notice but do I need to mention anything about the charges for DCA letters?

Could I use the skeleton argument in the first post on this page to tweak into a witness statement?

https://www.consumeractiongroup.co.uk/forum/showthread.php?486774-BW-Legal-Lowell-Vanquis-Court-hearing-in-2-days-received-witness-statement-only-this-week!-What-should-I-do/page4

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Witness statement no default notice