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ridecar2

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  1. Hi, Apologies for the reopening of the thread, however I have an update. The set aside was granted as per that consent order. I've had a new email from Lowell Solicitors today: Client Name: Lowell Portfolio I Ltd Our Reference: XXXXX Claim Number: XXXXXX Balance: £XXX We refer to the above matter and to the Order dated 10 August 2020. Our client is willing to resolve this matter amicably to avoid further legal action which would incur further costs and fees. My client proposes the following options for settlement.
  2. I have received a hearing date for the 11th of August, to be conducted over the telephone. The court has asked for skeleton arguments to be emailed to them as well as a phone number for them to ring me on on the day. I've received an email from Lowells too stating that they want to consent to a set aside and a stay on legal proceedings until the end of October, they're still claiming that it's not SB'd because of the default date. They've sent the attached for me to sign and return to them. Do I sign it and if so does that potentially remove the need for the hearing
  3. Thank you Andy, The N244 is in and I've had a letter back saying that the case has been transferred to my local court who will get in touch with me with a date and time for the hearing. I've been reading up and it seems that the hearing is essentially an opportunity for both sides to put their point across, are there any real gotchas that I need to know about with these types of hearing?
  4. Thank you, I've started filling in the N244 form and have a couple of questions: For 3: What order are you asking the court to make and why? I have "To set aside the judgement for £xxx.xx as I had no opportunity to defend this case because I wasn't aware of it." - Would you include anything else there like the claim form being sent to the wrong address? Do I want a hearing? (I'm guessing yes here) 9: Who should be served with this application? I've seen conflicting advice, some saying Lowells and some saying to leave it blank as they'll get it anyway.
  5. Hi all, just a short update - received the results of the SAR to Lowells, they give the last payment date as 02/08/2013, and the apparent defaulted date as 13/02/2014, so over 6 months later. There is no default notice in any of the SAR results from either Lowells or Three? With that being the case should I work on the above defence or would it be better to go with the one that dx100uk posted and state that the default was over 6 months after the last payment? Thank you for all your help.
  6. Hi all - I have a reply back from the new SAR with the added line in: Are we looking at something like: 1 The Claimant's claim was issued on dd/mm/yyyy. 2.The date last payment made was the dd/mm/yyyy 3.There was no Default notice issued in respect to the claim. 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alle
  7. Thank you, adding that now, then I'll print it off and send it tomorrow.
  8. That's everything after the last payment was made. Do you need me to scan in everything from before then too?
  9. I don't think it attached before, attaching it here now. comms.pdf
  10. Thank you, I'll send the proper SAR now. The whole comms log is 21 pages long as I've had many problems with three in the past, I've included the rest from after the last payment that I made, until the logs that are already on here with this post. Is the advice still to post the SAR or would email suffice these days? I've read some of the Lowell claimform threads on here, but will read some more as I thought that most of them were to do with defending a CCJ rather than applying for a set aside? Are they pretty much the same thing other than a
  11. Thank you for that @dx100uk - that was a very interesting short read there. With that in mind would it be worth me getting the set aside form downloaded and start drafting out how I plan to fill it in? Is that the road we're looking at going down here and if so are we looking at the no default notice, the SB due to time or both for this one?
  12. Here's the SAR that I sent to Three and got no default notices back from them - with that SAR could I reasonably expect to get one if it exists? Is the Lowell SAR still a reasonable idea and should I request everything or target it? sar.pdf
  13. Thank you - I'll send Lowells a SAR and let you know what I get from them.
  14. Thank you - so would sending a SAR to Lowells and a targeted SAR for any letters that Three have ever sent to me be a good next move? See if there's a default notice there at all? Also - is there any harm in Lowells having my current address at this point?
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