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Missnka

Lowells/BW Legal claim - littlewoods debt - failed with 1st claim, now DQ?

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Hi, thanks for responding so soon!

 

According to their 'evidence', the account was opened in 2001. Last payment 2012, written off in 2013.

 

I would like to go in with actual notes to read out.

 

They have not proven it to be their debt, and the coca s.77 requires an executed agreement which obviously means signed and they don't have that.

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I will ask if anyone on the site team can help.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Thank you. I'll keep an eye out until the hearing, Monday morning.

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Have you received a witness statement from the claimant and did you send them one in response? What evidence have they produced in support of their claim?

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why did you wait 3mts before coming back

and who the beep said refuse mediation NO US!

 

 

so what forms have you sent back since you last came on here in may

and what have you received from the court

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi,

 

I had already filled in the form before coming onto this forum. After much googling, I found that mediation had been a time wasting effort for many and it would eventually go to court anyway.

 

There have been no further forms since my last forum entry. That was form was regarding the court process/track.

 

I was given a court date and also recently received the witness statement to be used in court. I did not send one in response as I thought that I had already given my defence in previous court forms/correspondence.

 

I can't go back in time so please don't make me feel worse. But I appreciate any advice. Thanks

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straight questions

straight answers please..

 

 

did you open this account? yes or no

 

 

use this account ever? yes or no?

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Lack of your signature on a CCA won't work, as it was issued. But they still need to show the original CCA or a copy.

 

Also they need to evidence that Lowell own the debt, so i would challenge them to show the Judge Deed of Assignment ( confidential document they won't show you). If they can't show thus document or have witness statement from original creditors, there is no proof Lowell own the debt.

 

Also challenge the debt amount and that this was incurred by you. Full statements of account.

 

Lastly, the default notice. Challenge to see evidence of the default notice being issued, giving you the required period to remedy the default.


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Hi everyone,

 

I wanted to say thank you for all of your help and advice on here. Yesterday I faced Lowell and BW Legal in court and...

 

THE JUDGE ATE THEM ALIVE!!! I felt so embarrassed for the solicitor. She must have felt so ashamed, like a naughty little schoolgirl being told off.

 

Basically, my defence was entered around there being no proof of the debt. The judge agreed and took it further.

 

They had no Sale of Debt assignment which apparently needs to be stamped, dated, signed AND be an original copy. The judge also pointed out that Lowell are NOT EVEN LICENSED UNDER THE FCA TO COLLECT DEBT!!!!!

 

I sat there for about 45 minutes listening to that poor woman being told off. I was also reimbursed for travel and half a day's wages.

 

Bottom line, they had no proof, their evidence was based on 'assertions' and their statement was full of holes.

 

Thanks again to you all. I will be making a small donation to CAG.

 

xx

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Congratulations.

 

The judge also pointed out that Lowell are NOT EVEN LICENSED UNDER THE FCA TO COLLECT DEBT!!!!!

 

I find this interesting. Would this be a good defence in the future?

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Congratulations.

 

 

 

I find this interesting. Would this be a good defence in the future?

 

MOST DEFINITELY!!! In addition to the sale of debt assignment proof

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Congratulations.

 

 

 

I find this interesting. Would this be a good defence in the future?

 

Well done !

 

Lowell not licenced by FCA to collect debt ? Where does that come from ?


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MOST DEFINITELY!!! In addition to the sale of debt assignment proof

 

I always find it odd that BW Legal/Lowell don't provide this evidence to the court on demand. Surely they have evidence they own the 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

 

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

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They could never have gotten the sale of debt assignment because there was no signed CCA in existence to even prove I ever owned the debt for it to be sold. It would always have been an unlawful debt sale.

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Hi everyone,

 

I wanted to say thank you for all of your help and advice on here. Yesterday I faced Lowell and BW Legal in court and...

 

THE JUDGE ATE THEM ALIVE!!! I felt so embarrassed for the solicitor. She must have felt so ashamed, like a naughty little schoolgirl being told off.

 

Basically, my defence was entered around there being no proof of the debt. The judge agreed and took it further.

 

They had no Sale of Debt assignment which apparently needs to be stamped, dated, signed AND be an original copy. The judge also pointed out that Lowell are NOT EVEN LICENSED UNDER THE FCA TO COLLECT DEBT!!!!!

 

I sat there for about 45 minutes listening to that poor woman being told off. I was also reimbursed for travel and half a day's wages.

 

Bottom line, they had no proof, their evidence was based on 'assertions' and their statement was full of holes.

 

Thanks again to you all. I will be making a small donation to CAG.

 

xx

 

Well, that was a very enjoyable read. Some interesting points with regards Lowell and some other very useful general points raised.

 

Well done!

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