Me Vs Lowell Financial / ***WON WITH COSTS***

[Shawn0109]

Hi everybody, hopee you are all well, it's been a while since I have been on here but here it goes.

 

A few months ago recieved a stat demand from the nice people from Lowell Financial about an old Capital One Credit Card that is now stat barred because it is now just over 6 years old. The stat demand was sent out by 2nd class post as always and it just said all the crap under the sun and that I should get it set aside at my local court ok I thought these people should know where my local court is and all so took it in and filled in the forms of why the debt is in dispute with interest charges, late payment fees the expensive anual fee they keep adding and all the good stuff, also that they ignored my request for a cca 3 times. Anyways my hearing is on the 27th January @12:00pm but here is where it now gets interesting have finally had a response to my cca after all this time last week so I took it to the court to add to my file so if the hearing continues the judge will know about it being there. This is what they wrote.

 

Dear sir

 

We refer to your recent request for a copy of the original credit aggreement for this account.

 

After liaising with capital one in a effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

 

At this time we have clossed our file and will not make any further contact with you concerning payment against this account unless the copy of the aggreement is recieved at some point in the future from capital one.

 

And it just goes on from there to phone them if I have any questions but I aint going to these people aint worth the bother, so what do you think the outcome will be on this now? Do you think I have a good chance of getting this set aside now? Should I ask the Judge for it to be struck out? And what about my time work and effort in trying to get all the evidence I needed that this debt in unenforcable should I apply for costs also due to the ammount of stress I'm under from them?

 

Thanks all any advice would be good, oh also anybody wanna come to the hearing and see the outcome?

[42man]

Get your costs in as LITIGANT IN PERSON to the court 24 hours before the hearing.....!!

 

Head the piece of paper LITIGANT IN PERSON costs

 

As an example - 10 hours of research into Consumer Credit Act 1974 @9.25 per hour

10 hours research into the Insolvency Act @ £9.25 per hour

Parking

Postage

40p per mile mileage allowance....!!

[42man]

Interesting, i've never heard of Lowells issuing a stat demand before...

[Shawn0109]

Sorry 42man it was Red whos sent the stat demand out by 2nd class post but Red is Lowells same address and same reference number.

Oh and thanks for the great advice so far.

[Shawn0109]

So without a cca to produce the debt in unenforcable am I right in thinking this and now given the age of the debt it is stat barred is this also correct, do you think the judge will look upon this and order a set aside or not?

[42man]

IMO Definitely !!!

[Shawn0109]

Thanks 42man thats a big help and gets my mind off worrying my head off about it all, I might be wrong but Lowell might not even turn up and even if they do I'm not gonna let it worry me, I'm just gonna try and sort my head out but I think I've done all I can for now in respect of the evidence I've got, when I took it to the court the other day the woman at the desk said oh we dont need that just bring it with you on the day so I just said well can you photocopy the evidence I've got and just add it to the file so the judge knows it's there, so in the end she did it.

[42man]

Remember to dress smartly, be polite to the judge call them sir/madam, ask the judge if you are allowed a McKenzie Friend (somebody who can accompany you but can't actually talk unless specific permission is granted)........I would suggest that you show the judge how disgusted you are at having to go through this especially as the alleged debt is totally disputed. Keep good eye contact with the judge and don't interrupt while he/she is speaking.....do NOT be afraid to ask for your costs for the research that you have done, by all means tell the judge you have done a lot of research into the high court case law.

 

On the off chance you get a really, poor judge then do make your points....if for any reason he doubts what you have said, just name the specific case law, If you want to disagree with a point that he/she makes then say, "With the greatest of respect sir they....etc etc". If it isn't going well, and as a last resort, then ask for an adjournment so you can make a Subject Access Request to the alleged original creditor and ask the judge to reserve costs"

 

Just remember to be polite, be firm, and make your point. And refer to all the case law that is on your affadavit if need be. And ask for your costs !!! the Judge can only say no at worst....

 

I'm sure you'll be fine !!!

[42man]

Shawn i'd also urge you to report this to the OFT and the FOS too...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146530-have-you-received-threatening.html

[Shawn0109]

OFT didnt think of calling them or writing to them because they can do something about people like this I might sound stupid now though who is the FOS?

But like I say there is no credit aggrement so from what people have told me it is unenforceable and I have my credit report also as evidence if I need it but doubt that I will, I'm just not looking forward to this feeling sick every time I think about the damn thing, 42man thank you for your advice so far it is very much appreciated.

[Shawn0109]

OK just an update on the situation I phoned the county court today just to ask if the other side aka RED/LOWELL have sent any documents into them to support their claim, the lady told me that all they have had is the evidence that I sent in the other week and nothing more, I'm now trying to work out what costs I should go for all that matters to me is getting this evil off my back as for my credit report do you think I can get them to take the information Lowell Financial has put on there off? When I called them they said it's possible but the joke is that she said there is another one from Lowell Financial for a joint loan account erm really I'm not married at the moment so I think they are trying to screw with me here so gonna also put a complaint to the OFT today and I'm sorry I might sound dumb here but who or what is the FOS?

[42man]

FOS = Financial Ombudsman Service....

 

As for your costs....see my post 2 above...

[Shawn0109]

thanks 42man sorry to be a pain like, just want this situation to go away. As quickly as possible.

[Shawn0109]

Ok my sister in law had a talk with me the other day she is a solicitor, she has put my mind at ease quite a bit, she told me that in their letter they sent me about not being able to obtain a copy of the CCA I asked for they are now in default and that the debt is now unenforcable, she told me that I should now send out a letter to them stating that I want then to remove all information they have on me from the CRA so I have writen a letter to them asking to do this again I have not signed it in anyway because I know that these people from what I understand are very clever at lifting your signature on a computer and pasting it on to a credit aggreement.

So I will just wait and see what they will do next, I have also called the OFT yesterday and out a complaint in about Lowell/Red or whoever the hell they call themselves and have also contacted the FOS so both are investingating them.

[Shawn0109]

Oh also one last point my sister in law found it very laughable that they sent out a stat demand when they have no form of proof or credit aggreement as far as she was concerned it is a very cheap very bad threat of making me or forcing me to pay, I am still worried about the upcomming hearing and I dont know what the judge will make of this situation but hopefully he/she will be on my side.

[Shawn0109]

Right I'm getting a little worried again now about this situation stomach os all in knotts, I have drawn up a list of costs that I'm going to send into the court on Monday before the hearing, do I or should I send in any more evidence to them before the hearing or have I done enough, like I say I have already given them the original lettes from Lowell/Red and have kept the photocopies for myself but besides from filling in the forms for the set aside hearing is there anything else I should be doing I swore my affidavit when I went to court and all so they have all the information but like I say do I need to do anything else I'm really getting stressed again.

[42man]

Just take all the relevant paperwork with you....!! there isn't anything else you need to do at this stage. It seems a clearcut case. And you should also mention to the judge that this would seem to be an unfair practice, under the OFT's guidelines on debt collection. (take a copy of those too - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[Shawn0109]

Ok I have 3 days to get myself in order here, tuesday at 12pm is my hearing for all this crap I have really had enough of Lowells also known as Red for putting me through all this stress, I need to know what I will need on the day of the hearing so I can quote it if I need it, the evidence the court have got from me is the letter I recieved from Lowells dated in Novemeber saying that they have no CCA so the debt is unenforcable, but I need to know what I will need to take with me on the day example research and things I can either show the judge or quote from if things go wrong. Help me please anyone?

[Shawn0109]

Anyone?

[sam614]

tuesday afternoon you will be here bragging that youve WON.

dont let these cretins get you down anymore.

remember you are in the right,they are ****.

keep your cool and be polite.

GOOD LUCK

[Shawn0109]

Cheers Sam614 I somehow doubt that they will even turn up to this thing and all the stress and worry they have caused me, if and it's a big if they dont turn up I'm hoping this will be struck out never mind it being set aside I want what ever is on my credit file that has been put on there by these people taken off by them because as far as I'm concerned there is no CCA Agreement they havent got one neither has the original creditor so it is unenforcable they havent made any contact with me after the final letter they sent stating they had no agreement and neither does the original creditor and well thats all I ever heared from them and that was back in November. If anybody else has any advice to offer me then I would welcome it openly. Thanks again.

[sam614]

almost defo no show by losers.

i made myself really ill,stress wise through these parasites i believed all the vile threats.as we all do before finding cag.

try to relax,think pos,soon be out of your hair.

 

sam614

[Shawn0109]

Cheers sam614 I'm trying to, I'm just gonna go on tuesday with my head held high and not gonna be put down by this evil, which really is what they are.

[Shawn0109]

Well phoned the court up on friday to ask if the other side have sent anything over to them yet so far, no they havent, I'm a bit more relaxed about the situation, but nervous as hell going to the hearing on tuesday, can anyone tell me what to expect when I go there is it just a room or what? And can anyone give me advise on what else I would need to take with me besides the evidence I have already submitted to the court, as I am not too sure.

[DocH]

Hi Shawn, the hearing will likely take place in the Judges office. He/she will understand that you are a Litigiant In Person (layman) and make due allowance for it.

 

Plan to be there at least an hour before your hearing, in case of any last minute changes. When you get to court ask at the reception which judge is dealing with your case and where his office is. Within the vacinity of his office (possibly a waiting room)there is likely to be a clerk controlling the hearings. Just let them know you've arrived. You'll be called into the judges office along with the opposition, should they turn up, both parties will then put their case to the judge and he will make his decision. If the other side don't turn the judge will likely ask you a few questions and give you judgement by default as the other side didn't show.

 

I think you've covered everything from the paperwork angle.

 

Good luck for Tuesday, and let us all know how you got on.