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Lcw91

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About Lcw91

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  1. Well day in court done. Lowell agent was there. He claimed our defence had not proved we were not liable. The judge said" it's not down to them to prove anything, that's your job". Agent says no default notice is irrelevant to the case. The judge said that may be your opinion but it's not mine. Long story short, the case was dismissed due to no proof that it belonged to us. Agents parting shot was to ask for leave to appeal.... judge said leave refused as it would have no chance of success. Then said good morning. Thank you Andy for your support. Lowlife lose again. Lcw91. X
  2. Thanks Both. also just noticed that the amount on their statement and so called letters doesn't even match the amount claimed before costs. These are clowns. neither do their account number show on her credit files either.
  3. Yes I did. on 23rd March. The agreement came with the witness statement as an exhibit on May 27th. It is attached in earlier post.
  4. Problem is my WS has to be in by tomorrow. We have had loads of issues that have delayed us personally. I put on the DQ that I would be the expert Witness, can I then speak at the hearing? Not sure if they have paid but they have until 22nd to do so.
  5. yes but it is way too much to put on here Andy. I cant scan it either at the mo as my scanner is out of action.
  6. defence I filed: o I received the claim XXXXXX from the Northampton County Court on 26/02/2017. o Each and every allegation in the Claimant's statement of case is denied unless specifically admitted in this Defence. o This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974. o The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. o The particulars of claim fail to state when the agreement was entered into. o The Claimant's statement of case states that the account was assigned from JD Williams & Company Ltd to the claimant on xx/12/2012 . The Defendant does not recall receiving notice of this assignment. o It is denied that JD Williams & Company Ltd served a Default notice on the Defendant pursuant to s87 of the Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. o I sent a request for inspection of docu ments mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment. o Lowell Solicitors have not sent any of these documents to me. (NOW SENT via WS but not as requested) o The Claimant has failed to comply with s.78 (1) of the Consumer Credit Act 1974 and by virtue of s.78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement. o 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. o I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. o 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. o It is denied that the Claimant is entitled to the relief as claimed or at all. evidence from claimant attached T+C+statement.pdf
  7. Interesting to note: they say in the claim the agreement was from 2008 The defendant was not even with me then let alone this address. also different name too.
  8. What is the value of the claim? £400 Particulars of Claim 1) Defendent entered at CCA 1974 regualted agreement with J D Williams 2) The defendent failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to Claimant on 20/12/2012 4) Despite repeated requests the sum of £350 remains due and outstanding. The claimant claims a) sum of £350 b) Interest pursuant to s69 at the rate of 8% per annum. c) Costs Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? 2008 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. Assigned and issued by Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Do not even recall having this account What was the date of your last payment? Allegedly Sept 2011 Was there a dispute with the original creditor that remains unresolved? No agreement ever recalled
  9. Yes I know that but the terms and cca should surely be for the same company.
  10. Just a quickie I think: I'm preparing WS for my wife to be issued tomorrow, Lowell (J D Williams) 1. Agreement sent has no date, credit limit or signature 2. Agreement is for Fashion World not JDW 3. T&C's are for Ambrose Wilson not JDW or FW 4. T&C's are dated 24/05/10 5. The above does not correspond to the agreement. 6. Lowell are unable to lace original default notice so no proof one was even issued correctly. Are these issues valid in our defence. Any thoughts? Debt is for £400 and court date set for July. Thanks
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