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    • Hello,

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Me Vs Lowell Financial / ***WON WITH COSTS***


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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?

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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.

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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.

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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?

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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.

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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.

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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.

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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?

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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.

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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.

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Thanks DOCH dont think i'll be getting any sleep tonight or tomorrow night by the looks of things, but the last I heared anything from Lowells/Red was in November saying that they have no CCA and neither does the Original Creditor so the debt is unenforcable this is what I'm using as my grounds to have this set aside and seeing as there is no agreement do you think I should get them or ask the judge to order them to take their crappy defaults of my credit file?

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Ok I have 23 hours left and feeling sick to my stomach even my legs are a bit shakey, anyways is there anything I should take with me on the day tomorrow to back up my evidence, I'm not too well knowledgeable on case law notes and stuff like that, like I say the debt is totally in dispute for none production of a CCA like I have said in my previous posts the DCA and Original Creditor dont have one, so if somebody can give me some pointers I thank you. Please help.

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Ok anyother help or advice anyone can give me would be most welcome, I'm am starting to get a little bit worried again about all this, I know i shouldnt be as few people have said that they might not even turn up, what I need to know what questions will the judge ask me I need to be well prepared for this, I'm not looking forward to it in the slightest way. Please anybody give me something to work on.

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Ok well I'm off to do my homework now and hopefully will be able to get some sleep tonight if I can, if anybody has any other advice to give me I will welcome it and thanks to everyone that does, if I'm not back online later please all wish me luck I want this to be an open and shut case and over as quickly as possible, if I am around latter then please if you all have any further information for me to help me stop being so nervous and stressed I will again welcome it.

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Oh well the clock is ticking down, I'm trying to get some notes together which I have done, my main argument is the dca and the oc not in possesion of a cca so no cca no agreement there for unenforcable, I dont think I'm gonna be sleeping tonight too nervous but dont want to tire myself out, anybody else got any pointers for me?

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I hope so bud, like I say I aint really interested in costs and all that I just want this set aside and whatever they have put on my credit file taken off, or I'll just request the judge to do so in court tomorrow. I'm aware I need to be polite listen to the judge on what he/she has to say and be respectful for some reason this thing about Lowell's being on watchdog tonight must be a good sign or something. Just wait and see wish me luck all.:)

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thaks everyone for all your help in this matter, I didnt sleep at all last night my heart is pounding away like mad. Think what I'm going to do is leave in about 5 mins and go walking just to clear my head and maybe calm myself down a bit I plan on getting to the court for around 11 I know the hearing isnt till 12 but I want to get there and find where I have to be so I dont start to panic which is what I'm doing now.

As soon as I'm home this afternoon I will let you all know how it went, I just pray to god now for a good outcome in this situation and I can then try and get on with my life, thanks for all the advice and support you have all given me, and I'll see you all later. With good news I hope.

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