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  1. I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
  2. Lost the claim. They seem to have used someone senior and sent 2 paralegals for training.
  3. Okay. I'll prepare and attend the hearing with a winning attitude. I will also stop displaying weakness lol. Thank you.
  4. Just a quick update on my claim.. I have final remote hearing on 19th January. Lowell made a counter offer of £150 in August which I ignored. I hoped actually they would not continue to pursue. I am now wondering if it is wise to contact them and see if they will still accept as it's an amount I'm willing to pay. I'm not confident in the hearing, mainly because I have no experience and honestly I find the whole thing concerning. I won't allow them to win by default however. Are there any final thoughts on this?
  5. I made the offer and they replied relaying their witness statement which frustrated me. I replied with what I intended to include in a supplemental statement. Bad idea, I know now. But has this information now become official? Do I need to submit what I wrote in the email to the court?
  6. That is a good point, they're increasingly offering lower settlements. I can't afford it but I could probably borrow it. They do a good job of discouraging people. If I send an email they turn it into admission of guilt. Up until this point I had avoided contacting them which is very good advice. I thought it was already clear I applied to Provident.
  7. I think I ruined my case. Can Lowell use what I have said in an email as evidence? I emailed them an offer of £100 and they made counter offer £325. In the email I set out my supplemental statement and I said I made a local application to Provident. Is this admittance of an agreement? They responded with: We refer to the above matter in which we act for the Claimant. With regards to reconstituted letters, the originals were sent to you, our witness evidence shows the number of documents sent and illustrate you failure to respond. Your supplementary points are noted however the fact you entered an agreement with Provident is not in dispute. The Vanquis Fresh Start is not a separate agreement and you made two payments one on the 7 December 2015 and one on 14 December 2015. Yes it may have been within the cooling period but you have not provided any evidence you wished to withdraw from the agreement. Furthermore you have not provided any evidence you paid back the loan to Provident or Vanquis. The documents have not been fabricated, we again state that despite any errors you may have found are from the documents provided. The default notice is not invalidated nor is it required as explained in the witness statement. Our client incurred costs not only attempting to contact you but also in issuing proceedings and instructing advocates to attend the hearing. Our client is not making any profit as it is just seeking to recover costs it has incurred in pursuing the debt. You mention not admitting or owing the debt however in the email below at supplement point 7 you clearly state “I made a local application to Provident”. We understand this as you admitted you entered into an agreement with Provident. We again invite you consider our client’s settlement offer. As a further gesture of good will and our client’s willingness to settle our client is willing to accept £250.00 to settle the matter. I thought at this stage new evidence could not be submitted and it was just an email. it is not my actual supplemental statement. Can anyone advise the best thing to do now. I could probably scrape together £250 but it is a lot money to me at the moment. But I've really had enough.
  8. I only want to add further so it's a supplemental statement. Lowell don't want £369.84 they want £200 in fees also. The judge pointed out it was higher than they would be awarded or something. I think I will send a lower offer and point out the maximum I would be able to pay each month if they won the case.
  9. I did not realise there was a fee? The judge did not say there was a fee. If I don't send anything will I still be charged? I didn't ask the judge mentioned it was something I could I do. I simply stated I wanted to expand on the points in my witness statement.
  10. The judge said I'd need to make an application so I asked if I could do it now and she gave me a date. Lowell also requested the same thing, the guy said just in case. Is it worth at this point submitting a really low offer to Lowell? I'm not sure what else I have to add. I can SAR Vanquis.
  11. I've had my hearing this morning. The judge transferred it to a telephone final hearing. Lowell made a settlement offer of £300 which I refused. I applied for application to submit further evidence or statement information which has to be sent before August 28th. Lowell stated the incorrect date on the default notice is a typo. I asked them to produce documentation regarding the Fresh Start initiative which they made note of. The judge only had my witness statement and evidence. With the extra information I'm allowed to submit do I send a new witness statement or can I add to the old one?
  12. I've heard from the court and they have ordered the small claims hearing be converted to a dispute resolution hearing by telephone. Is this more like mediation? Will I learn if I lost the case during this type of hearing or can this go on for longer?
  13. Thank you both so much. I've compiled everything and ready to ship out. I amended the default notice date at point 9 as it was 2017 but other than that, it reads perfectly well. I couldn't have possibly put this together myself but glad to see I made a few correct points. I now feel a fighting chance and will be more confident at the hearing. I will update soon
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