Recieved SD from Hamptons, Lowell portfolio l LTD

[dx100uk]

yes good point

dx

[will lliw]

I have never made a payment to Lowells so im pleased to hear this fact, is this coverd in the cpr rules?

[dx100uk]

i'd just sit tight an await the SAR now

 

 

dx

[will lliw]

Thanks DX, not sure I want the wait! Im very keen to satify an inner need to write to Hamptons to let them know how crazy they are refering to none existant CCJ's yesterday and sending this crap out the day after aswell but I will wait, I will wait......Patience is a virtue and all that.....

[citizenB]

I have never made a payment to Lowells so im pleased to hear this fact, is this coverd in the cpr rules?

 

 

I am not sure that it is in CPR.. but logic says..

 

You have never paid any money to Lowells - so WHERE did those figures come from.. You want to see statements from the original creditor in order to satisfy yourself that the amount is correct.

[will lliw]

Hi caggers!!!

 

Ive had a quiet week or two and thankfully received no more from Hamptons Lowells or the original creditors. So still having no paperwork from the claimant or the SAR's! So ive spent the afternoon reviewing my case notes on this as the big day is looming next week! Getting a little nervous if honest and hoping the postman stays away next Monday and Tuesday!!

 

Just thinking about my expenses I have drafted up but not sure how or if to claim for fuel costs as I will have coverd 190 miles! Is there a rate per mile or am I in lala land lol.

[42man]

Yes there is a rate for mileage, I believe it is 40p per mile.....

[will lliw]

Ok cheers 42man thats good to know!!

 

Just another daft question if you dont mind, i have my expenses worked out and think im going to email them to the court having just found they have an email address for receiving edocs, do you think that would be ok? There is a fax number but who has a fax these days lol.

[citizenB]

Are you able to telephone first to confirm that it is ok to email !

[will lliw]

Thats a good idea I shall ring first thing to check. I might enquire as to if hamptons have been in touch aswell....

[will lliw]

Ok, nothing in the post today hurrah!!!!

 

Ive just rang the court and confirmed its ok to email in the costs ready for tomorrow and Hamptons haven't filed anything so no surprises hopefully. Im getting a bit anxious though as the big day looms tomorrow and dont have anything formal to wear and worried Hamptons will turn up and ask for an adjournment to get the nos and cca Im gunna make sure the judge does an or else if that happens!

 

The anxiety is killing me! Ahhh role on tomorow!!!

[42man]

Make sure you show the judge how angry and annoyed you are at having to deal with this, tell him/her how this seems to be a multiple breach of not only the Consumer Credit Act, but The Consumer Protection From Unfair Trading Regulations 2008 in line with their own associations code of conduct, Be frim but polite, don't interrupt the judge when he /she is talking, call him/her Sir or Madam. and ask for your costs.....be warned if anybody turns up representing Lowells, they may want to talk to you before the hearing, state that you will listen to them, tell them you will not litigate or defend in a waiting room and that you will let the judge decide.... conversations outside the court room have been known to appear IN the court room AGAINST the defendants favour....

[citizenB]

Ok, nothing in the post today hurrah!!!!

 

Ive just rang the court and confirmed its ok to email in the costs ready for tomorrow and Hamptons haven't filed anything so no surprises hopefully. Im getting a bit anxious though as the big day looms tomorrow and dont have anything formal to wear and worried Hamptons will turn up and ask for an adjournment to get the nos and cca Im gunna make sure the judge does an or else if that happens!

 

The anxiety is killing me! Ahhh role on tomorow!!!

 

You dont need to wear formal.. clean and smart casual will do the job. As 42man has said, just be polite to the Judge.

 

When I went to court, I was very tempted to jump in when the opposition were telling porkies.. bite your tongue is best Wait until it is your turn then just be concise and do your best to be confident.

[will lliw]

Thankyou guys, your words have eased my anxiety slightly but i wont be settled until I have my expenses cheque in hand lol. And don't doubt for a second that I will be laying it on thick to the judge regarding Hamptons conduct as I truly am disgusted that they think they can bully and cheat ignoring there own rules of conduct attempting to ruin a person for debts they clearly cannot prove exist at this stage. Shocking.......

 

I wonder if they even turn up or send someone, if they don't do you think the judge would agree to set it aside despite still having 10 or so days left for the SAR complaince?

[42man]

Bereft of any relief that can be afforded you by the civil procedure rules, you have made more than a reasonable attempt to gain information.....if you have any sniff of a 'triable' issue then the judge should set aside. But sometimes this can depend on the judge.....so be aware of this.

[renegadeimp]

As citizenB said. if they start telling lies, make sure you bite your tongue. You can contest what the other party said when it is your turn to give evidence. Let them have their say, and they will let you have yours.

[will lliw]

Ok guys understood I will be sure to make notes if they arrive and start lying so i can counter them with reason and thanks, im still kackin' it though

Today i made 3 copies of all letters i have sent and recieved and put them togethor in three handy little packs with an index on the front, should it be needed

 

Infact if they do show I am looking forward to asking them to explain what they are on about in there letters (one for each claim) regarding a CCJ.. from post 112.

 

 

 

We are in reciept of your request for a copy of your credit agreement in accordance with section78(1)of the consumer credit act 1974.

 

We are requesting a copy of the agreement from the original lender with whome you originally entered into the agreement.

 

 

Whilst we liase with the original creditor in relation to your request, we confirm that our client intends to continue with their current action having the benefit of the above mentioned county court judgment. This will remain the position should the information be unavialble.

 

If you have any queries etc.........

 

EDIT: re reading that made me laugh as they are saying that they will proceed to try and ruin me for pennies even though they have no evidence to date.

Edited August 6, 2012 by will lliw

[will lliw]

Just back from court and im livid, livid at myself first and foremost but equally livid if possible because of the lies that fell out of the solicitors mouth and the judge accepting them!

 

In short my Application to set aside demand was dismissed due to being out of time despite being given the green light prior to the hearing. What an utter waste of time and fuel that was, why didnt they just refuse the hearing when it was presented to the judge earleir on application and save us all the bother.

 

Thats not all, more later when I calm down.

[42man]

Oh dear, i'm really dismayed to hear this... sounds like you didn't get a decent judge.....

[will lliw]

I got an ******* judge big style yes.

 

I was out of my depth from the off so it seems, very very interesting experience.

 

A summary:

 

Just as I was leaving the house this morning the postman arrived with a letter form Hamptons saying please find enclosed a copy of letter of asginments as requested. Inside were indeed two invalid NOA's as they were from Lowells on Lowells headed paper and signed by Lowells, somebody called Andrew Bartle chief operations officer. So basicly I was in a good mood driving to the court, I clearly had the advantage so I thought and couldnt wait for Hamptons to hang themselves with these..

 

Prior to the hearing there solicitor walked by and called me by name, I looked and she said exact words "come on then lets get this sorted" walking to a side room and gesturing me to follow and so I did. Once inside she offerd me a seat so i sat and then she said I am going to ask for this to be set aside and I went all light headed at that point. Firmly I told her I was prepared to listen and nothing more. She then produced a piece of paper titled consent order and gave me a summary of the contents verbally, then she asked me what I thought so I reminded her that I was not there to discuss anything even though i had this set aside thing whirling around. With that she gave me the paper and said lets go tell the judge we are ready. She spun my head properly, very cunning indeed.

 

At first the judge started flicking through his book and was giving the solicitor some grief about the rules of service asking her what they were. As this was going on I thought very nice, here we go. Then she tells him they sent me 21 letters in total and three from a process server prior to the SD and I never recieved them I swear. I contested this to deaf ears by the looks of it. She also claimed the server had conversed with a neighbour, which is odd as I dont have any living in a detached flat in the centre of town. I said this was all news to me and the only letter I had recieved was the SD posted through by hand, no responce from judge but i dont htink he believed me.

 

The lack of CCA was a no go, the judge said the rules are being loosend up on that and as far as the lack of NOA the judge said he was happy the debt was genuine as he believed the solicitor lies about them sending it out way back. I pleaded my case stating the POC relied on it and I was not in possesion of a NOA let alone a valid one.

 

 

The judge asked why I had not applied in time and this threw me as I though we had passed that hurdle, I said what was on my statement and whilst he danced around repeating himself about it bieng out of time so I got the impression he was giving me time to jump in but I had nothing so he started talking about dismissing my application.

 

As a last resort I batted the OFT guidlines about SD being used as debt collection tool and trying to ruin somebody for such a frivolous amount was crazy, the judge said two thousand pounds is not a frivolous amount and something along the lines of how else are they supposed to collect debts.

 

I was beaten, very angry and well ****ed off by then.

 

At the end I asked if the judge would now be demanding Hamptons submit there petition as I understood this was the proper procedure now but he said im the judge and i decide.

 

I walked out and told there solicitor I was dealt a bad hand and I was disgusted as i told her she didnt have a valid NOA or any other proof the debt is valid..

 

 

 

I probably missed one or two things but it was certainly a learning curve and a mistake I wont be making again. So I find myself facing a petition if they do submit one even though they do not have an original CCA for the one debt it applies to and the lack of NOA's as well, i feel like justice died in that court room today.

[42man]

"The lack of CCA was a no go, the judge said the rules are being loosend up on that"

 

I can't believe he said that.....the Consumer Credit Act is a statute that can't be ignored....

[42man]

What about the statute barred aspect ?

[will lliw]

What about the statute barred aspect ?

 

I didn't touch on it because they are not SB but perhaps another nail in my coffiin yes.

[will lliw]

"The lack of CCA was a no go, the judge said the rules are being loosend up on that"

 

I can't believe he said that.....the Consumer Credit Act is a statute that can't be ignored....

 

Possibly not his exact words but yes he said the lack of a CCA didnt matter as the lack of a CCA was being loosend up, as he was saying that he saying it to the solicitor and they were both nodding. I can tell you I was shocked.

[citizenB]

Possibly not his exact words but yes he said the lack of a CCA didnt matter as the lack of a CCA was being loosend up, as he was saying that he saying it to the solicitor and they were both nodding. I can tell you I was shocked.

 

If they havent complied with an s78 request, it does matter ?

 

what the hell did he mean by "being loosened up" ?

 

Something seriously wrong with this..