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    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
    • Hello all, just got this from my bank today.   ” Update on your payment refund As you know we temporarily refunded the amount(s) of £381.98 to your account pending investigation. We’re pleased to confirm that an additional amount of £359.99 has also been refunded to your account by the retailer on 18th March 2024. What will happen next To correct this situation, arrangements will be made on 6th June 2024 to reverse the original refund supplied from us.  Our file in respect of this matter will now be closed, which we trust is satisfactory.”   Not sure what to do as I was previously told if I hear nothing back after a certain date that would be the case closed now it’s been changed to the 6th of June. and as you see I’m not getting a full refund I don’t know wether to contact them again and try to get the £20, or if I even can at this point? Thanks again.   
    • Is your current mental health causing you to apply negative thinking? If the answer is yes, then you should get some advice. The following website link enables free mental health support. https://atw.maximusuk.co.uk/?utm_campaign=EMP-ATW-B2C-B2B-leadgen &utm_medium=PPC Google Text&utm_source=Paid Seach&utm_term=maximus mental health&
    • So even if they do repair it in time, you still need to get a marquee etc? If they don't repair it in time, you have to find a new venue? I'm confused?
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carter/lowells claimform - o2 debt***Claim Struck Out***


neil24103
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contacted court and claimant has not filed witness statement. told its too late for them to submit so judge will not allow and they cant issue directions just make sure I turn up at court on date and time stated

 

:becky:

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Then Loweels should be issuing the N434..change of Solicitor.

 

And also act under CPR 42.2 and 42.3.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42#42.2

 

Unless of course they intend discontinuing their claim

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I,ii ring courts on Monday... can they do this at this late stage ?

 

Yes as long as its done as above.

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Just keep an open eye on any movement neil...if they try to proceed using their own Sols...you need to advise the court...but Im sure the Court would pick this up if they did.

 

Andy

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still no change.... so as they have failed to send a witness statement = default/assignment/agreement to me or the courts should I just push no the no doc to back up my defence ? (in court Thursday)

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Just attend the hearing neil...as soon as it kicks off inform the court they have failed to comply with the directions as set by that court and they have failed to inform the court the current representation as ceased and you understand that they have failed to inform the court of any change in representation pursuant to CPR 42.2 and 42.3.

 

Claim should be struck out.

 

Regards

 

Andy

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Don't forget to mention wasted costs should be awarded to you.

 

Take a letter of complaint regarding Mr Carter to the court and hand that in too. I believe he once boasted about being the biggest user of Northampton Bulk Court so they should have a copy of this letter too.

 

Good luck for Wednesday.

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as the hearing is tomorrow

 

 

I contacted the courts today to see if Lowell,s had filed anything .

 

 

the clerk said they had received nothing since they filed there DQ in dec .

and that was only after they received a sanction for not filing on time.

 

 

they,ve not received anything to confirm carter has returned the account back to Lowell.

 

 

or any documents to support their claim

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as the hearing is tomorrow I contacted the courts today to see if Lowell,s had filed anything . the clerk said they had received nothing since they filed there DQ in dec . and that was only after they received a sanction for not filing on time. they,ve not received anything to confirm carter has returned the account back to Lowell. or any documents to support their claim

 

Should be a walk in the park tomorrow then:-)

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would this do for the judge tomorrow ?

 

  1. The claimant and their solicitor have failed to comply with the directions of the court as ordered.
  2. The claimant and the claimants solicitor have also failed to inform the court that the account had been returned to the claimant by the solicitor on letter received 25/02/16
  3. The claimant has also failed to supply any documents to support their claim. ie. Default notice/notice of assignment/agreement

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amended

Summary

 

  1. The claimant and their solicitor have failed to comply with the directions of the court as ordered.
  2. The claimant and the claimants solicitor have also failed to inform the court that the account had been returned to the claimant by the solicitor acting for the claimant in accordance with cpr rule 42.2 42.3 . letter received 25/02/16
  3. The claimant has also failed to supply any such documents to support their claim. ie. Default notice/notice of assignment/agreement

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The claimant and their solicitor have failed to comply with the directions of the court as ordered IE Standard Disclosure and exchange of witness statement.(CPR 27)

The claimant and the claimants solicitor have also failed to inform the court that the account had been returned to the claimant by the solicitor acting for the claimant in accordance with cpr rule 42.2 42.3 . letter received 25/02/16

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The above is all you should really need to state.....best of luck neil....let us know how you get on.

 

Andy

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