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Lowell/carter claimform - creation finance credit card **WON+COSTS**

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Hi everyone

 

At the end of Oct 09 I received a court summons from a solicitor and Lowell finance for several hundred pounds. I had in the past denied this debt to them using template's letters and telephone calls and never admitted to the debt, the day after the summons I had a letter from the said solicitor saying they were going to court for the full amount as i failed to pay them.

 

I am not one to be frightened by injustice and therefore completed the defence form on the summons refusing to accept the debt, I explained I had contested the debt and been abused on the telephone, requested copies of paperwork ect and sent it back to the court.

 

I received a letter confirming i had posted a defence and it would be sent to the solicitor listed, they then had 28 days to say if they wished to continue with the claim, they may contact you directly. After the 28 days had lapsed the summons was dismissed, they had to show all the paperwork to me they had on this claim, "put up or shut up time".

 

Needless to say I herd nothing from them at all it is now well over the 28 days and I fell justified in my actions.

 

Please do not be alarmed by court papers,

these people use this fear to make you pay,

if 99% pay they have won so my defiance they ignore,

it cost them according to the papers £55 court cost and £70 solicitors cost and they lost.

 

 

In this country you are innocent until proven guilty and if they cannot provide you with the paperwork how can they defend the claim.

 

These people need to be closed by the government messing with peoples life's like this

 

hope my experience helps others


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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erm No

 

whats that and how do you do it ?


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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Hi

 

i had a CCJ from lowell finance solicitor and i defended it fully and won, they failed to provide evidence and did not continue the claim therefore i believe it was stayed.

 

on the forum some one said how about defendants bill of costs can some one tell me what this is and how to go about it

 

many thanks Shedder


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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Sorry - your post doesn't make sense.

 

You either have a CCJ or you do not. If it went to court and you lost, you have a CCJ (but not otherwise).

 

If an action was 'stayed' it would be for a stated reason, and would be up to the Pursuer to re-instate the action to have the case heard again, once the reason for the stay had been achieved or met.

 

Lowell are debt collectors - it is rare they would sue you as you can easily tie them in knots over the debt assignation. As for defendants costs, this has to be asked for at the time of the case being concluded in court. It cannot be added later as an afterthought.

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sorry I wasn't clear

 

court papers were issued by lowell through a solicitor for a debt I didn't owe having used templated letters denying the debt to them.

 

I entered a defence denying the claim.

 

I received a letter from court saying my defence had been sent to the claimant and they had 28 days to apply for a continuation otherwise the claim would be stayed and they would have to apply to a judge to continue the claim, I might hear from the claimant directly.

 

It is now over six weeks I have herd nothing from court or lowell, I posted what had happened and some one said about defendants bill of costs and I also wanted to understand what this was and what I can do to clear the CCJ as somewhere it has been recorded against me? or what will happen next.

 

I intend to defend it what ever happens as I do not owe this debt

 

Any help would be appreciated


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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If the case was stayed - you do not have a CCJ. (Did you get your credit file?). You'll know the court reference, call ther court and ask them what is happening.

 

You can only claim costs when the case comes to court, and it hasn't yet.

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Thanks Buzby

 

I have done all this on line and have looked on the site and nothing shows. It good to know I don't have a ccj and i thought it was strange for lowell to take such action as they failed on several ocations to provide me with any documentation.

 

As for my credit report I was going to do it after xmas to see what's showing

 

Shedder


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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Lowlife again - no surprises there!!!:rolleyes:


If I have been helpful please tickle my scales or better still contribute to CAG.

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No surprises. They invariably fail at the documentation stage, as this is often inpossible for them to source if the debt is sold on. Good luck!

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Sorry - your post doesn't make sense.

 

You either have a CCJ or you do not. If it went to court and you lost, you have a CCJ (but not otherwise).

 

If an action was 'stayed' it would be for a stated reason, and would be up to the Pursuer to re-instate the action to have the case heard again, once the reason for the stay had been achieved or met.

 

Lowell are debt collectors - it is rare they would sue you as you can easily tie them in knots over the debt assignation. As for defendants costs, this has to be asked for at the time of the case being concluded in court. It cannot be added later as an afterthought.

 

if you ever get to go to court you will need this defendants bill of cost

B E T W E E N:

Claimant

-and-

Defendant

DEFENDANT’S BILL OF COSTS

After Service of the Claimant’s Notice of Discontinuance.

Costs Payable by the Claimant

CPR 38.6 and CPR 44.12(1)(d)

2

The Claimant commenced proceedings in relation to an agreement regulated under The

Consumer Credit Act 1974. The Claimant was the assignee of a judgment obtained by the

original creditor to the agreement in the Shoreditch County Court in 1993. The proceedings

constituted relitigation and were an abuse of process. The proceedings were defended and

the Defendant applied to the court for an order that the proceedings be struck out.

On (date) the Claimant served Notice of Discontinuance of the whole of its claim.

At all times the Defendant was a Litigant in Person within the meaning of Litigants in Person

(Costs and Expenses) Act 1975 and time spent by the Defendant is charged herein at an

hourly rate of £9.25.

The nature of the case being one of relitigation required the Defendant to spend time in

locating and examining the documents and other papers which related to the proceedings of

1993 which had been begun by the original creditor and in considering the way in which the

1993 proceedings affected the proceedings begun by the Claimant.

The Defendant was obliged to spend time in considering and understanding numerous strands

of law including the law of consumer credit, the law of limitation and practice and procedure in

the County Court which he achieved through internet and library research.

The Defendant was obliged to spend time in drawing his defence and application to strike out

in a way which complied with the relevant rules and practice directions of the CPR. The

Defendant was further obliged to consider the Notice of Discontinuance and its effect upon the

litigation and his consequential rights and obligations to include his rights and obligations upon

the matter of costs and the relevant rules and practice directions of the CPR in reference to

the detailed assessments of costs as applied to Litigants in Person.

The following is a statement of the work done in the course of the proceedings. Where there is

a charge for time spent, the amount of time recorded as spent represents the Defendants fair

estimate of the amount of time spent by him

Claimed (£)

1 Date

Particulars of claim

2 Date

Acknowledgement of Service

3 Date

Defence

3

4 Date

Defendant's Notice of Application

to strike out

PAID: court Fee £75.00

5 Date

Claimant's Notice of Discontinuance

6 Date

Hearing of Defendnt's application (vacated)

7 Work Done

Receiving and considering the Claim Form and Particulars of

Claim (3 hrs) £27.75

Searching for and locating the papers and other documents

relating to the 1993 proceedings (4 hrs) £37.00

Acknowledgement of Service (1 hrs) £9.25

Research regarding consumer credit law, law of limitation

law regarding relitigation (15 hrs) £138.75

Preparing Defence (4 hrs) £37.00

Preparing Application Notice (4 hrs) £37.00

Receiving and considering Notice of Discontinuance (1 hr) £9.25

Research regarding CPR 38.6 and CPR 44.12 (10 hrs) £92.50

Research regarding detailed assessment proceedings

and Litigants in Person (Costs and Expenses) Act 1975 (10 hrs) £92.50

Preparing bill of costs and notice of commencement of

costs proceedings (6 hrs) £55.50

time spent in telephone calls, letters and emails

written and received (4 hrs) £37.00

Summary

Costs payable by the Claimant £573.50

Disbursements (court fee) £75.00

Total costs payable by the Defendant £648.50

Dated:

Signed:

 

 

 

Notice of commencement of

assessment of bill of costs

Signed Date

(Claimant)(Defendant)(’s solicitor)

To the claimant(defendant)

Following an (insert name of document eg. order, judgment) dated

(copy attached) I have prepared my Bill of Costs for assessment. The Bill totals *£ If you choose to

dispute this bill and your objections are not upheld at the assessment hearing, the full amount payable (including the

assessment fee) will be £ (together with interest (see note below)). I shall also seek the costs of the

assessment hearing

Your points of dispute must include

• details of the items in the bill of costs which are disputed

• concise details of the nature and grounds of the dispute for each item and, if you seek a reduction in

those items, suggest, where practicable, a reduced figure

You must serve your points of dispute by (insert date 21 days from the date of service

of this notice) on me at:- (give full name and address for service including any DX number or reference)

You must also serve copies of your points of dispute on all other parties to the assessment identified below (you do not

need to serve your points of dispute on the court).

If I have not received your points of dispute by the above date, I will ask the court to issue a default costs certificate

for the full amount of my bill (see above*) plus fixed costs and court fee in the total amount of £

I certify that I have also served the following person(s) with a copy of this notice and my Bill of Costs:- (give details of

persons served)

(include Ref.)

(include Ref.)

 

cheers.:D

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many thanks I will keep you informed of any update


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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you MIGHT have a CCJ - if they have not contacted you for 6 weeks they might have managed to sneak a summary judgementation - you NEED to check with the court

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Having posted a defence to the court on-line, I received a letter stating the case had been moved to my local court and informing me a copy of my defence had been sent to the claimant.

 

They had 28 days to decide to proceed with the claim else, it would be stayed and could only be moved forward if they applied to a judge to lift the stay.

 

having undertaken some research as well as personal experience I had to sue in small claims court a company who defended the claim, I had to provide all the evidence I had to the defendant in advance so they could defend it, this had to be done in the 28 days from receiving the defence, then a date for the case to be herd was set and the paperwork had to be with them and me 28 days before that and both sides had to put copies in to court, to cut a long story short they lost

 

I have herd nothing from the claimant or the court for 7 weeks so I fell confident it has been stayed. I would like to find out about getting it removed all together or something as I feel its disgusting that they can take someone to court with no evidence and put me through all the problems in defending it and then ignore due process without being punished.


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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just like to keep you updated

 

it has now been 12 weeks since i put in my defence and i have herd nothing

 

I am now willing to bet I won

 

don't let them think they can frighten people with court orders

 

fight them Lowell finance rubbish


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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If it HAD been stayed, you would have been send a notification confirming this.

 

I wouldn't assume that becasue you havent; heard anything that's an end to the matter. Ask the court for proof that the matter has been disposed of.

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If it HAD been stayed, you would have been send a notification confirming this.

 

Not so Buzby...I too have a stayed case and it was only when I phoned the Court that I found out. No notification by letter or any other form.

I recieved a letter from the Claimants legal department asking me for my reasons for defending and that was the last I heard.


Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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yes Buzby

 

I have called the court they say no further action to be taken its passed back to the defendant


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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Good to hear, although as for them NOT providing written confirmation of this is an abomination (especially for something so important as this).

 

It would appear courts have their local 'policies' in what constitutes a necessary communication, and my local court DO advise of stays as not to do so can leave a defender in limbo (especially as the pursuer is unlikely to volunteer this information at any stage).

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I couldn't agree more, they were a bit abrupt I thought the letter from the court stated they had 28 days they told me and then if no response it was stayed.

 

some form of communication of that fact would have helped as it does stay on your mind.


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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just a quick follow up question,

 

now that it is stayed would that show up on my credit report ?


had my SD Set aside thanks to CAG

won with lowells thanks to CAG

dont ask me though these are the people to help:D

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Not so Buzby...I too have a stayed case and it was only when I phoned the Court that I found out. No notification by letter or any other form.

I recieved a letter from the Claimants legal department asking me for my reasons for defending and that was the last I heard.

 

i think the court advises you when it receives your defence that it will be put to the claimant and if the claimant does not indicate his intention to proceed within 28 days will be automatically stayed and the only application the claimant can then make is to lift the stay

 

therefore saving duplication

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As a matter of interest, what sort of time frame would be considered reasonable before an application to lift the stay was made.

For instance, if it had been stayed for 1 year, would it be lifted without question.

At what point would a request to lift a stay be viewed unfavourably.


Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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I had mine for 3 years but it was set a side today, although I did have a doctors letter to back my case.

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