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Spamalot

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Spamalot last won the day on June 22 2009

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  1. Ok, thanks dx, I have received my transfer of proceedings to my local court. So here we go.....
  2. Thank you Andyorch, that's extremely helpful. The default they are saying that's not needed, according to them was served in 2008, the alleged loan was for 7 years taken out in 2005, so they are contradicting themselves left right and centre. Despite the fact that I have made a huge faux pas in engaging with Lowell with regards to mediation, it has actually given me a heads up in to how they were going to attempt to ambush me. I've informed the court and the mediation service that I won't be partaking and I shall sit here quietly waiting for the next move. S
  3. Hi all, I filled in the allocation questionnaire, sent it to Lowell and the court agreeing to mediation. Lowells response was to send me a Tomlin Order. I contacted Lowell to inform them that I would not be signing their Tomlin order and advised them I had only agreed to mediation in the hopes that they would provide some documents. I then received another email basically trying to bully me into admitting I had this alleged account/loan. I decided that mediation was no longer a good idea and have cancelled it and elected to go for a hearing.
  4. Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this docum
  5. I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process. I have now received their directions questionnaire where they are championing 'Mediation over the telephone' Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of d
  6. Speaking of Lowell.... I’ve just had a letter from them telling me they’ve issued a County Court Claim! Well I never! I guess I’d better start working on my defence
  7. Apparently Copies of Default, Enforcement, Termination and Assignment notices are not saved by Customer name so Halifax are unable to provide copies under a DSAR. I have contacted the DSAR team today because the only glossary of terms missing relates to recoveries, therefore I'm having difficulty completely understanding some of the terminology. With regards to the potential write off of the loan in 2015 there is an entry on the repayment sheet listed under WRO , Bad Debt account transfer and the balance is set to 0 On an accompanying sheet there is an entry
  8. Haven't found the NOA in the SAR yet, but I still have another bundle to go through.... I'll keep you posted.
  9. I think the 17 December just relates to my SAR request and when it was processed by them. The account was sold to Lowell in December 2019 under the account number I don't recognise apparently. I'm sure I saw something about the account being written off on one of the Westcott screenshots, but I need to go back and find it again.
  10. Maybe it only reached the written off stage when it was sold to Lowell, it's just that the only dates on there are the 2015 ones......
  11. It was set to zero in 2015, and that’s when it ‘switched’ account numbers. It says on the loan report ‘state of account is repaid - written off’ As far as I can make out, the original loan account ceased to exist in 2015. Again, happy to stand corrected as there is so much stuff in the SAR and it’s incredibly confusing!
  12. Mystery solved! The original loan was written off in November 2015, ( last arrears notice and statement dated around then all sent to my correct address) the Halifax then wrote to me at an old address in February 2016 (the one where I lived when the loan was taken out) and informed me that the debt was being transferred to Westcott because a suitable repayment plan hadn't been arranged..... this is despite my regular monthly payments to them...... shady tactics!.... In this letter (only seen because of SAR) it quoted another number as the account number....
  13. What they have sent is the application form for the original consolidation loan taken out in March 2005. It does have my signature. After it was defaulted, I paid regular arranged instalments on that loan to the Halifax until I changed bank accounts and failed to set up a standing order with my new bank. Although not particularly affordable, I probably would have paid Lowell’s if the assignment had been for the account number I recognised but I genuinely had no clue what the account number they had been assigned was so I ignored them. As I also hadn’t had an
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