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Everything posted by Les77

  1. Here's my WS any thoughts / comments would be most helpful... My WS2.pdf
  2. Thanks Jon - I've attached two pages To be honest I'm struggling with what to put in my WS, the only thing they haven't sent is a copy of the DN LWS PDF2.pdf
  3. I've attached a copy of Lowells WS that I received today. I would appreciate any opinions on this and paragraph 19 ? LWS PDF.pdf
  4. I’ll have a good look at those links tomorrow as I’m off to bed shortly, the only thing keeping me going at the moment is the lack of a DN
  5. Should I contact the mediation service or ignore it?
  6. I’ll start searching over the next couple of weeks and try and get a witness statement prepared, thanks again for the help
  7. Thanks Andyorch. Do you think I have a chance of winning this or should I accept defeat and offer them some sort of a payment plan?
  8. I forgot to mention that lol - No I don't think so, if I had I would have posted it on here... what is this fee? I can see there's £335 that has to be paid by the claimant by 19th March?
  9. I've now received the NOA! I presume I now contact the mediation service? I've also received a letter from Lowell inviting me to contact them and make settlement proposals. Not sure whether or not I should just contact them and see if they'll accept a small amount each month? because as one poster mentions if they produce a Default notice (which I've still not had) in court I'm pretty much doomed! I've attached a copy of the NOA and a copy of the letter from Lowell. Any advice would be gratefully received - thanks Lowell2019.pdf
  10. I’ll dig it out tomorrow and have another look. Is there a time frame to all of this or can Lowell continue when they feel like it?
  11. Post 3 was in error as I’ve never received a default notice. I couldn’t find it in my SAR either. I did request a copy from the claimant but nothing has been received so far...
  12. Checked and this is what I see... “A claim was issued against you on 07/03/2018 Your acknowledgment of service was submitted on 13/03/2018 at 23:40:50 Your acknowledgment of service was received on 14/03/2018 at 08:02:09 Your defence was submitted on 06/04/2018 at 00:26:40 Your defence was received on 06/04/2018 at 08:02:52 DQ sent to you on 01/05/2018 DQ filed by claimant on 01/05/2018 You filed a DQ on 14/05/2018” Do I just play the waiting game?
  13. I’ve not received / heard nothing since my last post... is this normal? Thanks
  14. I've finally received the N180 !! Is it 'yes' to the case being referred to the small claims mediation service and 'yes' the small claims track is the appropriate track for this case? Thanks
  15. I’ve had a copy of the Directions Questionnaire from Lowell Solictors on Monday informing me I’ll receive the same shortly from the court. Their letter is dated the 17th and I’ve not received anything yet, should I just wait for it to arrive or chase the court?
  16. Is my witness statement the next plan of action?
  17. There’s statements and all sorts in there, it’s about an inch thick!
  18. I’ve received acknowledgement from the court today. I’ve also received (from Bank of Scotland) the paperwork from my SAR request and to the best of my knowledge there doesn’t appear to be a DN... should this have been included?
  19. Fair enough Defence has been submitted.... and a big thanks to you and Andy for the help
  20. I'll change the numbering, is there a way to edit my post as I can't see any option?
  21. Is that because of the T&C's they sent me?
  22. Just double checking this good to C&P on MCOL? 1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with Bank of Scotland . I am unaware of what alleged debt the claimant refers to and have requested further information by way of a CPR 31.14 and section 78 request. The section 78 request has been complied with. The claimant has only partially responded to the CPR request. 3. Paragraph 2 is noted and await further information with regards to service of a Default Notice. 4. Paragraph 3 is denied. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925. 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have partially complied to my section 78 request. The claimant with their partial compliance to my CPR 31.14 request have frustrated my attempts to clarify their claim. 6. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has reached the amount claimed for; and (b)show and evidence that a Default Notice was issued pursuant to sec87.1 CCA1974; © show how the Claimant has the legal right, either under statute or equity to issue a claim; 7.. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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