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Advice Please! - SD received from Lowell/RED but credit files are CLEAN!**WON**


PossVox
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Cheers CB,

 

They are in default by 12+2+8 days right now and I have a date at court for set aside of SD coming up soon.

 

Should I wait for the 30 days before sending the letter you suggested?

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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OK, thanx agin CB, will do!

 

I presume my local County Court will have written to RED to inform them of the Set Aside hearing?

 

What's really making me angry is the fact that they are totally ignoring my letters!!!

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Do these cretins only send post OUT? Do they EVER read post that comes IN?

 

Advice anyone?

 

 

The answer to the first question is yes. They are first and foremost a telephone call centre and the mail is mass produced computerised crap.

 

The answer to the second question is no. Post which contains Cash/Cheques/PO's will have the amount noted against any reference or account number but it's highly unlikely the letter will be read, unless the account has been 'flagged' i.e litigation in progress, in which case the mail will be passed to whoever has the company brain cell that day, or if they are unavailable someone with an IQ in double figures.

 

The fact they haven't even bothered to respond shows just how seriously they take all this themselves.

 

Play it safe just in case, but don't lose any sleep over it. I think you have more chance of being elected Pope next week than seeing them in court.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Thank you dannyboy, that's reassured me somewhat!

 

I'm popping down the post office in a minute to dispatch the Curlyben letter just to cover myself.

 

I'm filing all letters in a folder to take to court with me and I'm pretty sure the judge will take a dim view of the scare tactics used by this crew!

 

 

Do you know if RED have a legal obligation to respond to the CC re the Set Aside hearing? Surely they can't ignore the County Court?! :eek:

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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I'm popping down the post office in a minute to dispatch the Curlyben letter just to cover myself.

 

Yes of course, I didn't mean don't bother to send the letter, just that the office junior who opens it at the other end will be looking for dosh rather than bother to do what is essentially the telephone part of it all, unless they are 'expecting' you.

 

It's important you do things right and prepare for the worst - even though it will probably not happen.

 

Banks and their henchman usually DO ignore the courts. In a case like this the first step is Small Claims, not try to crack a hazelnut with a sledgehammer. ;)

 

Don't let them get to you, and take heed of what CB and the gang have to say.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Thanx as ever dannyboy,

 

The amount they claim I owe them is less than £1800, is almost certainly statute barred and is now in dispute as no CCA provided so I know they're urinating in to a stiff North-Westerly!!!

 

I'd have been absolutely terrified if it wasn't for you wonderful folks here :D

 

I'll keep at them!

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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I just sent the IN DISPUTE letter 1st class recorded.

 

If the account is officially in dispute i.e. no CCA supplied, does that mean that Lowells can't proceed with the bankruptcy demand?

 

Sorry, just having one of those "weak" moments! :o

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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They will more than likely ignore you and procede but you will then have a deafece of a unenforcable CCA.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thanks GodMother,

 

They've totally ignored me so far so I don't suppose there's any reason to expect that'll change anytime soon.

 

I presume an unenforcable CCA is a COMPLETE defence? It looks unlikely that any paperwork is going to surface at all.

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Hot foot back from court.....

 

 

Lowell didn't turn up for the hearing nor did they provide any other statements. Judge looked in disbelief at the correspondence to and from them. Questioned their competence and legal knowledge in a polite manner. Not impressed by the use of Without Prejudice on letters that didn't quaify for such protection.

 

Set aside the SD and awarded costs against Lowell. This covered all our expenses in fighting them.

 

Success!

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Possvox...don't forget to claim back your costs (write them on a separate sheet of paper to present them to the judge !!!! 2 hours consultation with a solicitor @ £150 per hour !!! + postage !!!! my feeling is Red won't turn up !!! even if they did you have a watertight case as it stands....!!!

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Hi ForumReg!

 

Thanks for the update and WHAT FANTASTIC NEWS!!!

 

:D:D:D

 

WELL DONE!!!

 

I'm so pleased you've got a result

 

I'll let you know what happens with me next week

(The same result I hope!!!):???:

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Hot foot back from court.....

 

 

Lowell didn't turn up for the hearing nor did they provide any other statements. Judge looked in disbelief at the correspondence to and from them. Questioned their competence and legal knowledge in a polite manner. Not impressed by the use of Without Prejudice on letters that didn't quaify for such protection.

 

Set aside the SD and awarded costs against Lowell. This covered all our expenses in fighting them.

 

Success!

 

Excellent news :)

 

I love the good news stories, especially when it's Lowell on the losing side!!! :-D

 

Well done.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Possvox...don't forget to claim back your costs (write them on a separate sheet of paper to present them to the judge !!!! 2 hours consultation with a solicitor @ £150 per hour !!! + postage !!!! my feeling is Red won't turn up !!! even if they did you have a watertight case as it stands....!!!

 

I would love to hit Lowell where it HURTS... in other words, their wallet... but I've only consulted CAG and no need for a brief!

 

Would I be able to claim for costs of postage, stress caused to me and mine etc.?

 

Any costs awarded go directly to another CAG donation...

 

:)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Thats great news:) i hope i can get a good result

 

Hi marjie!

 

Fingers crossed for you!

 

I'm sure all will be well...

 

Keep me posted please and I'll do the same! :)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Will do:) received letter today off red i suppose thats the next thing ,what next? i caint wait for the day i get them off my back :)

 

Me neither! Haha!

 

They're really winding me up!

 

If you don't mind me asking, what did their letter say? Was it a standard threatening type?

 

They sent me one saying I'd ignored the Statutory Demand even though they've been notified of the set aside hearing and I CCA'd them and they haven't had the courtesy to acknowledge either!!! :evil:

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Hi possvox i have posted the letter up on my posts have a look what do you think? :)

 

Hi,

 

Just read the letter, talk about 1-way-traffic!!!???

 

They obviously just churn junk mails out 24/7 and don't bother to read ANYTHING that comes in to their threat centre!!!

 

This is what makes me so ANGRY:evil: about the Leeds Losers!!!

 

GRRRRRRR!!!

 

Anyway, we'll see them off me and you, just like forumreg and ODC and the rest!

:D

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Possvox - ref costs. While our Judge was sympathetic, he did scrutinise our costs to make sure they were realistic. He is not allowed to award compensation for stress etc.

 

If you're not represented by a Solicitor you have to work your costs up based on the standard "litigant in person" rate which is £9.25 per hour. This supposed to include for costs of postage, stationery etc. Itemise them, ie. 2nd March Prepare letter / CCA request 0.5 hours @ 9.25 + £1.46 for potal order etc.

 

If you have lost income (time off without pay at a higher rate) tell the judge and have a second version of the costs sheet that uses that higher rate.

 

Don't claim for a solicitor if you haven;t evidence to back it up.

 

Mkae sure you take copies of any recent letters that weren't in your and show these to the Judge with an explanation of how they had ignored your reasonable requests.

 

Good luck

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Thanks for the info forumreg,

 

I'll do my sums!

 

:)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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