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lemony1

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  1. OK, I see it, thanks. It's not really readable unless you know what it says and zoom in/use magnifying glass, if you know what I mean. Do you think it's legible enough to stand up in court? I guess it will be for the judge to decide?
  2. Yes, I did a few internet searches and realised that they're linked. There's nothing in anything they've submitted to court, or myself, to indicate that though, so there's no clear path of ownership (or whatever you call it), between 'Sander & Kay Ltd' and 'JD Williams', and hence onto Lowell. Even the witness statement they provided refers to 'a credit agreement between the Defendant and JD Williams & Company Ltd', when there is no mention (from what I can read of an illegible document) of JD Williams in the CCA they have provided. Is this really not an issue?
  3. I've just noticed that the Credit Agreement is with an entity called Sander & Kay Limited T/a Jacamo, whereas on everything else it has them as JD Williams & Company Ltd. Could this make the Credit Agreement invalid, or not?
  4. OK, thanks very much, my head has been spinning not knowing what to do for the best. So, I should concentrate on these issues - I was not able to file a witness statement due to receiving theirs after I had filed I was elsewhere at the time the debt was taken out (and provide as much evidence as possible) The CCA they provided is illegible They have not provided evidence of a Default Notice. Should I be prepared with relevant cases/statutes??
  5. OK, it's probably a bit(!) late for most of this, but here goes... Name of the Claimant ? Lowell / BW Legal Date of issue – June of 2016 What is the claim for – I don't have the original claim form, but it is for an alleged debt to JD Williams for £985. What is the value of the claim? £985 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cat debt When did you enter into the original agreement before or after 2007? I never entered into it, but the date they have is after. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I had no knowledge of the account, or debt, and all correspondence was sent to an old address of mine. Did you receive a Default Notice from the original creditor? No, see above. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, see above. Why did you cease payments? I never entered into this contract. What was the date of your last payment? N/A Was there a dispute with the original creditor that remains unresolved? N/A Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? N/A I entered my defence saying that I had no knowledge of the debt, and asked Lowell/BW Legal to provide me with proof. AT this time I didn't know what the debt was even for, so I could offer no further defence. I didn't know about sending letters, etc. I still hadn't received any evidence of the debt by the time the witness statements were due to court/Lowell, just said that I had no knowledge of the alleged debt, I disputed that I owed anything, and I had not been provided with any evidence of teh debt. I explained that it was very difficult to defend myself in a case where I don't know the case against me. I received the details of the debt, which I have attached to the above posts, on the last day they could be filed by Lowell/BW Legal. On examining them, I see that the original account was taken out at a previous address of mine, but after I had left (I was living in Ireland at the time). the allocation is for the Small Claims Track, and I'm in court on Wednesday. I know it's a bit late to be trying to sort this out, but I just haven't been able to deal with it due to my mental health. Can anyone offer any advice? From what I understand, as it wasn't included in my Witness Statement (I didn't know at the time it was relevant), I can't provide evidence that I was living abroad when the original debt was taken out, nor that the Notice of Assignment was also sent to an old address? Is this correct? Failing that, and clutching at straws - Does it matter that the reconstituted Credit Agreement is almost illegible? Does it matter that there is no Default Notice provided?
  6. Hi everyone, I have a court hearing with Lowell's in 2 days time, and I'm wondering whether I have a leg to stand on. I admit, I've been stupid in not dealing with this earlier, but I suffer from depression and stress, and this was something I just couldn't deal with. The brief circumstances are that a catalogue (Jacamo) was apparently taken out in my name, at my previous address (where my ex boyfriend still lived). At the time the account was taken out, I was living in Ireland. The first I knew of this debt (£900) was when 2 letters arrived to my new address in the UK, around a year ago, from Lowell's and BW Legal, and then court documents a couple of months later. Naively, I have filled in all of my defence submitted to the courts simply saying that I had no knowledge of any debt, and asking that Lowell/BW Legal provide evidence (at this point I didn't know what the debt was for, or when it was from, so I was unable to give a proper defence). I know now that I should have done things differently, but that's spilt milk now. On the last day of filing for evidence, Lowell/BW Legal sent me a pack containing - - reconstituted Credit Agreement, which contains my name and old address (hand written), and a scribbled signature in their section. Nothing is dated, and it does not have my signature (I know that this is no longer required). In addition, the print is copied so badly that the text of the agreement is unreadable. - print out from their system showing various amounts, dates, etc - print out of what was ordered - letter, dated 29 April 2014, sent to my old address, (on blank paper, no letterhead, so not entirely clear who is supposed to have sent it) saying that the account with JD Williams has been sold to Lowell Portfolio I - letter , dated 29 April 2014, sent to my old address, from Lowell, introducing themselves. -letter, dated 19 April 2016, sent to my current address, from Lowell saying that I have not repaid the account and it has been sent to BW Legal. -letter, dated 19 April 2016, sent to my current address, from BW Legal saying that they have been instructed to commence Legal Action. The letters from 2014 were not received by me, due to me not living at the address they were sent. They appear to provide a Notice of Assignment, but not a Deed of Assignment - does this matter? There doesn't appear to be any copy of Default notices which should have been sent - does this matter? I'll get scans of all of these uploaded, but in the meantime, does anyone have any advice? Since I did not know the details of the debt until after I had to submit my evidence, am I unable to take anything in to court to prove that I was living elsewhere at these times (including when the debt was originally incurred)? I'm just so mad about this....I trusted my ex boyfriend, but it seems that that trust was misplaced. Here are the scans of the documents they've sent, excluding the list of what was 'purchased' (which I'm not sure is relevant - if it is I'll post it). I'll blocked out all personal details. Credit Agreement (address is my old address at which I was not living at the time) Print Out from their system - showing my current address Assignment of Debt Letter from JD Williams?? sent to my old address at which I was not living at the time. Introducing Lowell Letter - again, sent to my old address Lowell 'Litigation Letter, sent to my current address BW Legal Letter of Claim, sent to my current address on the same day as the above. Is there anything here to go on? doc1.pdf
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