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SD from lowells/BW legal OH's Lloyds loan debt and unused mobile contract


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If your opponent wants to talk before I would suggest you listen. Your opponent may want to give you information, explain the relevant law and the facts he will be relying on. A lawyer isn't allowed to exploit your ignorance of the law and is ethically bound not to try to do so.

 

If a document is produced with no time to study it the first question will be whether you need to study it and, if so, why. If a credit agreement is produced then you may need to take that on the chin unless you decide you want to contest it in which case ask for an adjournment.

 

If the judge seems sympathetic to the representative then you need to try to be persuasive so that the judge changes his mind, that's a skill I'm afraid and you'll just need to try to get your points across for the judge's consideration.

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  • 1 month later...

Sorry for the delay on updating folks but had a few problems recently

 

the ex missus been in hospital to name one of a few.

 

we went to court 26th november to be met in the corridor by a local solicitor representing lowell.

 

He explained he had been instructed to ask for a 56 day adjournment as lowell felt not enough time had been allowed to comply with the cca request.

 

It looks as though it was approximately the 11th november when both lowell and my ex would have received the letter from court

informing them of the hearing on 26th november (not sure exactly as if you remember the ex was away from home).

 

The solicitor said this was not enough time to comply with a cca request,

 

we had to point out to him that the cca request was signed for by lowell on 21st october, some 37 days previous.

 

The solicitor seemed a bit surprised at this but still insisted he would be asking for the adjournment.

 

The usher asked the judge if i could come into the room which was agreed

 

when we sat down the judge told me this was purely for moral support and i could not speak on my exs behalf.

I was dissapointed at this but half expected it.

 

My ex is finding it difficult to take in exactly what all this legal jargon is,

she is not the best at this sort of thing but what could we do ???

 

The solicitor asked for the 56 days and the ex argued that they had already had some 37 days to comply with cca request,

to be honest the ex was not forcefull enough i felt but i obviously could not do anything about it.

 

The judge was ok

could have been better

could have been worse i suppose,

 

she said sometimes these docs are not held by the dca and take time

 

however she felt 56 days was too much and suggested a week or so into december,

 

the solicitor argued his point again

 

the judge compromised on an adjournment until the 1st available date after 30th december and that was it.

 

I do have more info since then but will let you digest this so far and offer your comments.

 

Thankyou.

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FWIW: I think we are upto 10 cases now whereby lowells issued either an SD or court papers

and they NEVER HAD THEM OR COULD GET THEM.

 

that have been thrown out of court.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sunderland

cca request signed for on 21/10? isn't it 14 days? (or has the express provision of statute changed?) and so no court enforcement if no compliance? or is an SD not court enforcement? and, as you say, they already had 37 days!

Edited by Ford

IMO

:-):rant:

 

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HI Ford

well seems like some judges just completely ignore the 12+2 day rule !!!

 

 

Further to update at post 84 where remember judge loathed to allow 56 day adjournment

ordered 1st available hearing after 30th dec,

 

 

well get this.

letter arrives from court on 8th december with a new hearing date of 28th january !!!

Lowell have still not complied with the CCA request and if they do not by the time of the 2nd hearing 100 days will have passed since they signed for the CCA request.

 

 

The date of the 2nd hearing makes a mockery of the judges reluctance to allow a 56 day adjournament as this equates to a 63 day adjournment since the 1st hearing anyway.

 

 

Got a letter from BW Legal confirming date of 2nd hearing,

their letter was headed " BANKRUPTCY PETITION",

getting a little bit ahead of themselves,

as far as i was aware this is still a stat demand set-a-side hearing lol.

 

 

Ford any idea if we can put in for costs at the next hearing ???

Dont know if you can remember

but because of circumstances

we did not have time to put in for costs at the 1st hearing,

 

 

is the question of costs lost now are can we still put in for them 24 hours before the 2nd hearing.

Thanks.

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seems judge has bent over to help them! begs the q, why didn't they ensure the docs before they issued the demand?

not sure re costs, but could put revised costs in anyway, see what happens, judge can only refuse. it shouldn't adversely affect anything?

IMO

:-):rant:

 

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The ex has called home this afternoon to find a missed delivery card from DHL.

 

She is not expecting anything!!!

 

If lowell or bw legal had anything to send to her would they use DHL.

 

Anyone heard of them using a courier before just to send a letter/documentation ???

 

 

 

Or maybe its just something completely innocent and she is worrying over nothing who knows. 2nd hearing on tuesday.

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Does not seem likely that it is anything to do with the SAR as that was sent to our local Lloyds TSB branch for collection quite a while ago.

 

Because all the exs accounts are now closed she had to collect from a branch and take ID along.

She had many accounts with Lloyds TSB over the years so the bundle of info was about 3 inches thick and we still have not gone through it all.

 

However while on the sublect of the SAR we are not sure if they have complied fully for the following 3 reasons.

(1) She had a business account and Lloyds said she would be contacted by "WHOLESALE DATA PRIVACY" re this,

no contact and looks like no info about the business account in bundle collected from branch.

 

(2) She requested info on any TSB accounts prior to the Lloyds TSB merger,

however their reply is vague simply stating their is no data held.

Not confirming or denying whether she had any TSB accounts.

 

(3) The covering letter that came with the SAR bundle says

"We are unablt to provide any information with regards to payment protection insurance as we are not the data controllers for this information"

 

it then says to contact Lloyds TSB insurance services.

 

We thought this info should have all been provided ???

 

Are we expected to pay another £10 for another SAR ???

 

Anyone experianced this run around before ???

 

P.S so god knows what the DHL delivery is.

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ok, so not sar. just ring up dhl re the card, see who the delivery is from.

they should have some info re ppi, even if just saying if any and who it was with, if any, etc. as dx post below.

IMO

:-):rant:

 

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that ppi answer is bowlarks they are part of the Lloyds group

 

tell them so

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Adjourned again.

 

A solicitor representing lowell was at court again.

 

We sat down in the corridor outside the court room and guess what ???

she pulls the cca re the lloyds loan and some documentation regarding the mobile phone debt out of a file.

 

The misses expressd her displeasure at this and the solicitor did seem surprised we had not been sent anything.

However the solicitor made it plain she was instructed to ask for the application to be dismissed on the basis that the debt was now proved.

 

We asked when lowell actually came into possession of the docs,

the solicitor said she did not know,

it was then i noticed a fax date on the top of each sheet of paper relating to the lloyds loan of 28th oct !!!

 

Anyone following my thread will realise this is almost a full month before our 1st hearing,

so the question begs why did they not produce it at the 1st hearing ???

 

Well into court and the misses put her points over re abuse of process,

lack of paperwork,

turning to what should be a last resort at such an early stage etc etc.

 

The judge even asked my ex misses what she wanted him to do ???

To which she replied set aside the stat demand,

then she would study the cca and if she was happy the debt was hers

come to a repayment agreement.

 

The ex stated she would be happy to pay if the debt was proven

but was not happy with the stat demand being allowed to stand

and the threat of bankruptcy hanging over her head.

 

the judge adjourned for 28 days

 

however their was no guarantee that the stat demand would be set aside at a 3rd hearing.

 

The judge seemed to be more concerned about the mounting costs with all these adjournments.

 

Since returning home this afternoon we have studied the cca and it does appear to be a true signed copy of the original

with all the correct t&cs interest rates etc.

 

Some sound advice about where to go from here would be much appreciated.

 

Many thanks for all the help

and advice so far.

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scan it up please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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HI DX100

 

scan the agreement yes ???

 

The copy from court today is awful,

 

however we have now found the agreement in amongst the DSAR paperwork we recently received

and it is exactly the same as the one from court today.

 

Should i scan the DSAR one so it is more legible ???

 

What data should i remove and am i right in thinking you can provide a good set of instructions on scanning documents to put on here ???

If yes could you help out with the scanning info please.

 

Also if you recall my post re delivery from DHL,

i was almost sure that was going to be a copy of the agreement

however we have been to collect said parcel from DHL and it is some missing DSAR paperwork from Lloyds

relating to an old buisness account nothing to do with this matter.

 

once again Llowell/BW Legal leave it up until the actual court hearing to provide and comply with a CCA request.

 

Thanks.

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**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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