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About Gia

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  1. Yes, certainly going now for the breaches, and credit file trashing. We had one brilliant judge who was very knowledgeable on the CCA etc.
  2. Went to court this morning. The Judge was not impressed with Lowell. Said they failed to provide evidence of assignment of the debt, told them their CCA response did not comply with the CCA 1974 and their "agreement" failed to contain all the terms and conditions at the time the account was taken out. He said the agreement had been varied and as such they should have provided the original agreement. Lowell flatly refused to disclose whether this signed agreement they produced was a true copy or a reconstituted copy. To which they were informed they were in br
  3. We have to submit witness statement / paperwork to Lowells and the courts by 18th march. Please can someone guide me to a template / layout of a witness statement that I can adapt?
  4. Thank you Andy, I will now just wait to hear from the court. I just hope the judge does not get annoyed by the failure to let the claimant know about the statute barred status. Do not want to get a rollicking for wasting the courts time, when notifying the claimant may have stopped the court proceedings.
  5. No Andy because we were not sure at the time of doing the defence if it was 100% statute barred. Now we know for sure it is.
  6. Just had a call about booking an appointment for mediation. When asked if we would be willing to negotiate a payment plan via mediation we said no. They asked why not and we informed them that we would not be able to agree to any payment on the account when we have the mediation appt, as Lowell are in default of a CCA request, and because a SARN to the original creditor has provided us with paperwork proving the account was statute barred before court proceedings were issued. They then decided that mediation was pointless in this case and said they would inform the court
  7. We have received the DQ today. It has to be returned to the court and BC/Lowell by 15 January. Should I tick no to mediation and state my reason as being, I would be unable to make any agreement with the claimant as the account was statute barred before they issued the proceedings.
  8. Just a bit of an update, and could use some advice on what to do next. I have been clearing out old files and lo and behold I came across a file on Shop Direct concerning this account. I sent a SARN to them in 2008 when we discovered the existence of this account and disputed it. The paperwork from the SARN confirms that only one order was ever placed with them when the account was opened and it was not delivered to our address. Paperwork also confirms they held no signed agreement only an online application with a tick box for signature. They also c
  9. Lowell have received my defence and responded with their " we are continuing with the claim letter." I have also received a response from BC the same one others on here have had, which asks that we agree a full and final settlement, and a Tomlin Order to sign. So tempted to respond to both Lowell and BC declining their kind offer as they have not proved ownership of the account, and remind them they are in default of the CCA request and that they will need to produce it in court, along with statements of account which will show the last date any payment was made. W
  10. I need to get the defence in this weekend, so will the following suffice? POC 1.The claimants claim is for the sum of £493.14 being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and Shop Direct under account reference xxxxxxxxxxx. 2. And assigned to the claimant on 27/02/2009 notice of which has been given to the defendant. 3. The claim includes statutory interest pursuant to s.69 of the County Court Act 1984 at a rate of 8% per annum (a daily rate of 0.51) from the date of the assignment o
  11. The default began on 15/12/08 I believe it is highly unlikely that a default would have been issued on 15/12/08 if any payment had been made in late October 08. If I am right for a default to have been issued in December 08 at least three payments would have to have been in arrears, making any last payment made (if any were) September 2008. I believe the account was statute barred before the court claim was issued on 24/10/14. I get where your going with the credit file trashing, but my son is fed up of all of it, and just wants it over and done with asap.
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