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jb000

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About jb000

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  1. Been to Court this morning. Goodness me, where do I start. Wednesday and Thursday I e-mailed them to go for the Tomlin, but got no response. Got to Court, spoke to their rep who was a locum solicitor. I explained that I now want to go for the Tomlin as my circumstances had now changed within the last 48 hours. The solicitor phoned them and it was agreed on the Tomlin at £20 per month. We were called in to see the Judge. My god!! talk about Judge Lottery. Both myself and their solicitor were barked at. I said that new circumstances had arisen as it was my original intention to fully defend but these circumstances now meant the Tomlin Order is the best course of action. He barked "Explain yourself". I explained that a CCJ would have a detrimental effect on my employment which I have just discovered. He agreed to it and before the end, he said something that made me think that I have dodged a huge bullet. He said, "Mr jb000 you have made a very sensible decision". i automatically took this to mean that if I had defended it, I would have lost. I was just so happy to get out of that place with my job and my good credit history in tact. It was certainly not the outcome I wanted as I am now shackled to them and it was not the outcome that many viewing this thread wanted, but it was the best I was going to get. Anyway, I would like to take this opportunity to thank everyone who has helped and contributed, especially Andyorch and dx100uk. I have made a small donation to help with your costs. Many thanks jb000.
  2. FAO Old Cogger There is only one more day, that's tomorrow as the hearing is on Friday morning. I thought if they were going to discontinue, they would have done it before the end of May when they had to pay £170 fee to the Court. I checked with the Court and they had paid the fee. I have took them to the wire and there is still no sign of them pulling out (unless I get the letter of discontinuance in the post tomorrow) which I find unlikely one day before the hearing. I was very confident at the beginning of the week, however there has been a couple of events which has put paid to that. With that in mind, I'm taking a huge gamble if the Judge does not allow me the Tomlin at the hearing if things go their way.
  3. The thought of losing my job has really made me freak out. It would be just my luck to get some nasty mean old Judge who would accept any old toilet paper as an enforceable agreement then lumber me with a CCJ. (Similar to the case I mentioned earlier). If there is more than a very good chance that the Judge will consent to a Tomlin Order should I lose if I explain that my employment is at stake, then that gives me a little more confidence. Otherwise I just don't know what I would do.
  4. There have been significant developments today, and unfortunately, they are not good. Firstly, myself and other people that have looked at and contributed to this thread would have assumed that Lowell would have discontinued, after taking it right to the wire, however, this appears not to be the case. It looks like they are going for it big style. Secondly, I was reading the threads last night, a credit agreement exactly the same as mine was taken to Court and a Judge said it was enforceable and the defendant lost the case. That knocked the stuffing out of me quite a lot. Thirdly, and most seriously, I was having a word with my line manager at work (who is also a good friend) this afternoon. He told me (off the record) that I was putting my job at risk if I lose the case. Apparently, anyone who gains a CCJ is duty bound to declare it and disciplinary proceedings will follow. I do not work in the financial sector where I know this is commonplace, but I work with confidential and sensitive information and was told that my employer will think that I am vulnerable to bribery and corruption. Apparently they will take defaults into account, (I did have a couple of defaults when I first started), but a CCJ is a big no no. I did not know this as I would not have let things get anywhere near this far. I was told to get this sorted ASAP. My stress and anxiety levels are now through the roof. How I wished now I had just arranged that damn Tomlin Order with them a couple of weeks ago. If I knew then, what I know now, it would have been a "no brainer". I do not want to gamble with my job. Where I live, jobs are very hard to find. I could end up jobless and homeless for just one "appointment" with the Judge. I simply cannot take the risk. So where do I go from here? Is it too late to go for the Tomlin Order as the hearing is on Friday. It would solve all of my problems at the moment and help me keep my job and my home. I have no savings, no property and my reasonable expenditure is just about my income, so they could not get much out me. Perhaps £10 a month is the maximum I could afford. I feel now I have burnt my boats and I am at their mercy. I absolutely hate them with a passion. But I also hate myself, as I should have researched fully the consequences of my job. Is there any way I can sort this mess out before it's too late? Any ideas would be most welcome.
  5. Today I have been putting all of the paperwork together and filing it in a ring binder folder ready for Court later in the week. I want to make sure that I am fully prepared, so I have been reading the forums on the Court process and what is expected of me. It wouldn't surprise me that they read this forum and the posts that concern them. I am still dumbfounded that they are going to Court to present a so called credit agreement with no address and no key information to a District Judge. I suppose there are still a few days left for them to pull out, so who knows.
  6. I have finished what I will be saying in Court on Friday. I find it better to write it down as I don't want to get tongue tied or forget parts of it. Once again, please feel free to comment or make any suggestions. Court Notes.pdf
  7. Many thanks. I will be typing my arguments tomorrow ready for court next Friday. I will be raising this to the Judge. I will go along the lines of - Although Lowell Portfolio I, can access my credit file under the terms and conditions set by the original creditor, however, it does not give them the right to display and process information in relation to accounts I hold with other companies. With this in mind, I will be making a formal complaint to the Information Commissioner for misuse of my data under the Data Protection Act.
  8. Ahh, the penny has finally dropped. How dare they go snooping around any other accounts I hold. That is not a simple search but a full check. I certainly did not give them any sort of permission to do this!!! Can they argue as they now own the alleged debt. It gives them carte blanche to do this sort of thing as it was in point 17.2 of the original terms and conditions. I would love to take them to task on this, as I feel that it is a gross invasion of my privacy, but they will probably hide behind those terms and conditions.
  9. I am trying to get my head around this at the moment. Please forgive me if I'm being a bit dim as this is all new to me. So the documents that say Digital Signature Application Details are actually screen shots of my credit record and nothing at all to do with the original application process?
  10. I am currently writing a few notes for the hearing a week tomorrow. My main defence is the reconstituted credit agreement they have produced. I understand that it does not need a signature (Under the HSBC ruling) but it does require certain other criteria to make it enforceable. However, as it was an internet application, it would have been a tick or a mark. In my defence, (kindly helped by Andyorch) in a true reconstituted agreement, it would have been an online credit agreement and therefore a digital signature would have been present. Firstly, and this is probably my strongest argument, is the CCA1974 states that my name and address must be present on the agreement at the time of inception. My address is not present on any page of the alleged agreement and my name was only included 2 years after the event when it was pasted on to this document. There was no credit limit shown and no APR. In the document, it gives 6 levels of APR (A to F). It does not show the true APR and/or interest rate which applied to the alleged account. As this alleged agreement omits these prescribed terms, the reconstituted credit agreement provided by the claimant is completely unenforceable. Am I going down the right road with this. Any comments would be gratefully received. I usually find it best to write things down to remember and that helps me get my point across. Nerves are starting to kick in a bit, but I will have my friend for moral support so hopefully I won't be as anxious.
  11. I can only assume that they got it when they acquired the alleged debt back in 2017. I understand that searches only remain on the file for a limited period of time, so any search that they did then will not show up now.
  12. Just to update everyone. Witness statement, ROP letter and alleged credit agreement filed at court this morning. I have also sent them the same which they will receive tomorrow morning. There is nothing on my credit files, nor any searches. The default dropped off my file a few months ago after 6 long years. My file is completely clean now, and I'm hoping it stays that way.
  13. That's brilliant. Thank you so much. I have made the amendments and will drop it off at the Court tomorrow. I work near to the Court and my friend is going to be with me for moral support. As it is slightly out of the deadline, do I need to provide a reason to the Court or do I just hand it in as normal. Also, I will obviously need to send a copy sent by recorded delivery to Lowell Solicitors. Once again, many many thanks.
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