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Court Claim lowell/Carter - shop direct - but not our account ***Claim Dismissed / Costs***


Gia
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I'd let things run

 

 

you have the ace now

 

 

don't play that card or write to anyone outside of hearing carters next move FROM THE COURT THEMSELVES.

 

 

you claim for damages to the CRA file will most prob be against Shop Direct

and is un related to carters speculative claim I suspect.

 

 

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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I'd let things run

 

 

you have the ace now

 

 

don't play that card or write to anyone outside of hearing carters next move FROM THE COURT THEMSELVES.

 

 

you claim for damages to the CRA file will most prob be against Shop Direct

and is un related to carters speculative claim I suspect.

 

 

dx

 

Thank you :)

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  • 2 weeks later...

We have received the DQ today. It has to be returned to the court and BC/Lowell by 15 January.

 

Should I tick no to mediation and state my reason as being, I would be unable to make any agreement with the claimant as the account was statute barred before they issued the proceedings.

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no you must enter mediation

 

 

that's where you point out its sb'd to the mediator

 

 

look in the stickies here there a mediation info thread

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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Share on other sites

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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  • 3 weeks later...

Just had a call about booking an appointment for mediation.

When asked if we would be willing to negotiate a payment plan via mediation we said no.

They asked why not and we informed them that we would not be able to agree to any payment on the account

when we have the mediation appt, as Lowell are in default of a CCA request,

and because a SARN to the original creditor has provided us with paperwork

proving the account was statute barred before court proceedings were issued.

 

They then decided that mediation was pointless in this case

and said they would inform the court of this,

and inform the court that the debt is statute barred.

 

They also said I should inform the claimant that the account was statute barred before they issued the claim, as this may end the matter.

 

 

So do you agree it is now time to let Lowells / Carter know?

or wait for a hearing date from the court and submit the evidence with the witness statement?

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Have you submitted a statute barred defence?

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I personally would just adapt and introduce it as part of your witness statement ...to change a defence you must make application and seek the courts/claimants approval...and there is the fee.

 

Andy

We could do with some help from you.

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I personally would just adapt and introduce it as part of your witness statement ...to change a defence you must make application and seek the courts/claimants approval...and there is the fee.

 

Andy

 

Thank you Andy, I will now just wait to hear from the court.

 

I just hope the judge does not get annoyed by the failure to let the claimant know about the statute barred status. Do not want to get a rollicking for wasting the courts time, when notifying the claimant may have stopped the court proceedings.

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If you only became aware of it after you submitted your defence and introduced it within your WS...cant see why the court should be vexed.

They will be more vexed at the claimant bringing a claim on a statute barred debt.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 1 month later...

We have to submit witness statement / paperwork to Lowells and the courts by 18th march. Please can someone guide me to a template / layout of a witness statement that I can adapt?

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Plenty of examples of witness statements in the Success Forum and here in the legal Issues...I note your last visit to the forums was 20th January...apart from the the few threads you have viewed today...have to search harder Gia....this is a self help forum.

 

Andy

We could do with some help from you.

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  • 4 weeks later...

Went to court this morning.

 

The Judge was not impressed with Lowell.

 

 

Said they failed to provide evidence of assignment of the debt,

told them their CCA response did not comply with the CCA 1974

and their "agreement" failed to contain all the terms and conditions at the time the account was taken out.

He said the agreement had been varied and as such they should have provided the original agreement.

 

 

Lowell flatly refused to disclose whether this signed agreement they produced was a true copy or a reconstituted copy.

To which they were informed they were in breach of CONC guidelines in relation to misleading creditors,

as the Judge's belief was that the agreement was reconstituted.

 

 

The Judge was concerned that the "signed agreement" was fraudulent as he was happy that it was not my sons signature

based on official documents containing his real signature that we produced in court.

He also agreed it was most likely statute barred too.

 

The case was dismissed,

we were awarded costs,

and told we should take the matter of the fraudulent signature, and breach of CONC guidelines to the appropriate bodies for Lowell's / Carter to be dealt with.

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great result

good judge too

nice to see them on the ball with conc which is quite new.

 

 

now time to get compo from whomever trashed his CRA file for all those years?

 

 

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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Hey.... well done Gia...delighted that this has been resolved in your favor...

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 9 months later...
Ty Andy :)

may want to check out my court case which I also won. Judge had similar reservations and experian were hopeless and only corrected my file when I won bet you struggled to get lowell to comply with information requests under dpa and cpr

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http://www.consumeractiongroup.co.uk/forum/showthread.php?343397-3G-and-Lowell-Court-Cases/page2

 

No conclusion posted to your thread as yet rc14 ...did you get payment?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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