Jump to content

 

BankFodder BankFodder

chimp123

Registered Users

Change your profile picture
  • Content Count

    209
  • Joined

  • Last visited

Everything posted by chimp123

  1. anything anyone would change or add or sound like it makes sense in my last post?
  2. thanks dx makes complete sense now for point 2 all I have is chase letters from lowell nothing really to prove the debt. surely I get the case set aside and it starts the whole process again they have to provide paperwork to prove the debt or at my worst contest the interest. then normally lowell when contested they cant provide any proof? worst case I'm hoping to get case set aside and then lowell make me an offer or something for 50% off? I reckon that's worth a shot?
  3. ok I'm a little confused. in my witness statement you said that will work for the set aside case so you need a defence as well? s I've done both? should I update the earlier witness statement for set aside and concentrate on that they new my address etc. then is the defence ok?
  4. Hey DX i am planning to use this as my defence, In the Claim No: [XXXXX] [] Claimant And [Lowell Solicitors] Defendant DEFENCE 1.The Defendant received information about the claim from a SAR request case number from Lowell Solicitors on 08/10/2019 2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3.This claim appears to be fo a Catalogue Account agreement regulated under the Consumer Credit Act 1974. 4.It is denied that the Defendant has previously entered into an agreement with shop direct for provision of credit. 5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 6.The Claimant’s Particulars of Claim states the agreement was entered into on 13/05/2013 7.It is denied that shop direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. 8.On the 13/11/2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell solicitors. I requested the Claimant provide copies of the Agreement, Default Notice. 9.Lowell Solicitors has not sent any of these documents to the Defendant. 10.On the 13/11/2019 The Defendant sent a formal request for a copy of the original agreement to Lowell solicitors pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee. 11.The Claimant has failed to comply with s77Consumer Credit Act 1974 and by virtue of s77 Consumer Credit Act 1974 cannot enforce the agreement. 12.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 13.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out. 14.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence and would ask that the Claimants bear the costs of the amendment. Statement of Truth The Defendant believes that the facts stated in this Defence are true. Signed ________________________________ Dated ________________________________
  5. In the County Court at Claim No: LOWELL SOLICITORS Claimant And Defendant Witness statement 1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in JUNE 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until September 2019 when I was doing a routine check on my credit file. I understand that this Claim was served at an old address ******. However, I moved to a new address in September 2011 and I moved from ******** in 2008. In support of this I can provide confirmation from ********* County Council showing my updated details for the purposes of paying Council tax. 2. I requested a sar from Lowell solicitors which shows them contacting me at my current address and not needing to contact an address where I never took credit or moved form 11 years ago. 3. It is denied that the Defendant owes the Claimant £3154.09 as stated in their particulars of on the 15/05/2019 4. I have never received agreement & default notice from Lowell solicitors ltd. 5. On the 12/11/2019 I sent a formal request for a copy of the original agreement to Lowell Suitors pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee. 6. I request the court orders the Claimants to provide the necessary documentation for me to fully plead my case else the Claim should stand struck out. 7. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence and would ask that the Claimants bear the costs of the amendment. Statement of Truth The contents of my statement are true to the best of my knowledge and belief Signed: ********** Dated: 12/11/2019 Hope this is better so its not removed? IN THE ******* COUNTY COURT Claim No. ******** BETWEEN: LOWELL SOLICITORS Claimant – and – Defendant ******** _________________________________ DRAFT ORDER _________________________________ Upon reading the defendant’s application dated 15th May 2019 It is ordered that: 1. The judgment dated *********be set aside. 2. The Defendant has filed a draft defence enclosed with application 3. The Claimant do pay the Defendant’s costs of this application to the sum of £255 4. The Claimant has permission to file and serve a reply if so required.
  6. sorry didnt think I put anything that anyone could use if they wanted to? what bits should i not include i took out name and claim number?
  7. I think this is good news, received paperwork today of my sar and nearly all correspondence for the debt in question is for my current address?! except then they applied to the court for the ccj. now I have all the paper work, need a good read of it going to do my set aside Case. surely with all the chase letters going to my current address etc this stands me a good chance.
  8. Hello Very had my address, I was at the address I am now when I took out the credit. I haven't moved since. I think when they mean client they meant lowell.....??? Could be wrong.
  9. latest email from lowell, Thank you for your recent email. As previously stated we obtained the address form our client and we had to rely on the information we were advised by our client in good faith. It is your responsibility to ensure that all your creditors are updated with your current address. Once we receive your documents we will take action and respond appropriately. Please note your Subject Access Request (SAR) will be process and provided to you in due course. Our client would prefer to avoid further action at this stage because such action could increase the outstanding balance through the addition of enforcement related fees. However, if the account is not brought up to date and you fail to contact us to resolve the outstanding balance, our Client will consider enforcement action which, dependent on the outstanding balance, could include one of the following: · Warrant of Control: A County Court Bailiff will visit you at home to discuss payment of the outstanding balance. · Attachment of Earnings: Your employer being ordered to deduct payment from your wages. · Charging Order: If you own your home, securing a Charge against it so that payment of the debt will be deducted directly from the proceeds. If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334. Alternatively, you can now register online at www.lowellsolicitors.co.uk to view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit plan. Yours sincerely Lowell Solicitors I will be filling in the set aside documents over the next two days and will post them just to see if you think I have done it correctly I will be filling in the set aside documents over the next two days and will post them just to see if you think I have done it correctly
  10. they have offered 60% off resolve call on another debt which I'm tempted to take so it says partially settled on my credit file. do you think I should try and get more off? reason I want it settled is to improve my credit file. partially settled better than showing default all the time.
  11. hello yes I actually sent them copies of past claims from a court case and also another outstanding debt that they have passed to resolve call. which I believe is just another lowell company? not started defence as of yet I've seen some templates etc I'll post up I actually received an email today from resolve call acting on behalf of lowell and they have my current address on system. shocked and annoyed I have to pay to get it set aside but something I am willing to do as this is very naughty tactic.
  12. Looks like I have to do the set aside myself which is no problem at all, any help filling one in would be great?! Also in replying to lowell seems im just getting a standard response we have a ccj on you go away
  13. Just had a reply from lowell Thank you for your recent email. When the account was allocated to Lowell Solicitors we obtained the address form our client. As we received no correspondence until your telephone call on 12 September 2019 we had to rely on the information we were advised by our client in good faith. We note your comments regarding setting aside the Judgment, this would be dealt with through the Courts, should you wish to seek any further advice on this matter. Please keep us updated regarding any correspondence from the Court. As you mentioned, a County Court Judgment (CCJ) was entered against you for £100.00 to be paid monthly. You are currently in arrears of £300.00 As this account is now subject to a CCJ you may wish to seek independent legal advice. You are required to make payments in accordance with the CCJ. Please make contact in regards to your intentions towards your account. Our Client would prefer to avoid further action at this stage because such action could increase the outstanding balance through the addition of enforcement related fees. However, if the account is not brought up to date and you fail to contact us to resolve the outstanding balance, our Client will consider enforcement action which, dependent on the outstanding balance, could include one of the following: · Warrant of Control: A County Court Bailiff will visit you at home to discuss payment of the outstanding balance. · Attachment of Earnings: Your employer being ordered to deduct payment from your wages. · Charging Order: If you own your home, securing a Charge against it so that payment of the debt will be deducted directly from the proceeds. If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk. If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334. Alternatively, you can now register online at www.lowellsolicitors.co.uk to view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit plan. Yours sincerely, Lowell Solicitors Darwin House 7 Savannah Way Leeds Valley Park West Leeds LS10 1AB Looks like I have to do the set aside myself which is no problem at all, any help filling one in would be great
  14. Thanks DX, sent the email as you put above and copied in details of previous court cases/correspondence with them. It was for an unpaid very Catalogue
  15. legend DX. Would they actually set it aside though? Have you heard of the company doing that before as I have been looking through a lot of different forums across the web and not come across it. Only read of people like me doing it and in most cases winning!
  16. This is the reply from Lowell Sol, how should I base my reply? Client Name: Lowell Portfolio I Ltd Our Reference: Balance: £3,176.09 Thank you for your recent email. Please be advised that your telephone call dated 12 September 2019 was the first correspondence we received from you regarding the account. As there were links to your credit file at address and this was your last known address we issued the Claim form on 15 May 2019. Please note that It is your responsibility to update all creditors of any change to your address, this is to ensure correspondence has been sent correctly. Our client’s position is that the Claim was served to your last known address as per the Civil Procedure Rules, therefore the Judgment is regular and should stand. We have raised your request for a Subject Access Request with the relevant department, they will collate the documentation requested and provide this to you in due course. We note that you may be making an application to set the Judgment aside, if an application is made we will review any documentation received and respond accordingly. Please contact us with your intentions regarding the above matter by return, failure to do so may result in one of the following forms of enforcement action being taken against you, incurring further costs to the account balance: - Warrant of Control: A County Court Bailiff will visit you at home to discuss payment of the outstanding balance. - Attachment of Earnings: Your employer being ordered to deduct payment from your wages. - Charging Order: If you own your home, securing a Charge against it so that payment of the debt will be deducted directly from the proceeds. If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334. Alternatively, you can now view your transaction history, use our helpful Budget Calculator and make payments including setting up a Direct Debit plan by registering online at www.lowellsolicitors.co.uk Yours sincerely Lowell Solicitors Darwin House 7 Savannah Way Leeds Valley Park West Leeds LS10 1AB Lowell Solicitors does not accept service of any documents by email or fax
  17. Thanks DX, called them as mentioned and told them the above! Seems like an advisor kept shirking my question about using an old address. Would you say best course of action is to write a letter to them recorded? I have emailed as well but not reply as of yet. Thanks in advance for any advice
  18. hey dx yes tells me they are very naughty! So what would the best form of action be? I'm going to write and pay for the set aside today and send off to courts.
  19. ive defended another claim with lowell at this address. But I havent defended this CCJ, noticed it when looking at credit file
  20. Yes I can prove from a previous claim and chase letters that lowell knew my correct address. Also from another debt they are chasing All my credit file which they have search has my correct address on the electrol role, another debt they have defaulted me for and that link address I moved out of the one they got the ccj for 11 years ago!
  21. I have today checked my credit file and I have a CCJ from Lowell Finance at an address I haven't lived at for more than 11 years. Lowell have chased me for this debt and another one at my current address. Surely this is illegal but I have read of course it isn't! I have had court cases with Lowell and won on two occasions so this is a cheeky tactic. I want to get this judgement set aside as I had no idea about it to defend it (still fuming), no chance to defend case etc, no paperwork about the debt to prove it is mine etc. What is the best way to go about? I am just contact the court now via phone to get more details. It is annoying I have to pay a fee but it is what it is! Should I contact Lowell as well via letter? Just to add default on file is august 2018 so it won't be defaulted. I believe it is for a very account Any advice would be great. Thanks
  22. Pay day tomorrow I will donate no problem. great website win or lose learnt a lot
×
×
  • Create New...