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Lowell/Bryan Carter/Shop Direct County Court Claim***Claim Struck Out***


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Its an on line agreement and looks pretty water tight to me.......better to fight this on the statements and incorrect balances rather than challenge the agreement.

 

Andy

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I think I stand a better chance arguing the statement as there are plenty of questionable things within it.

 

My only reason for bringing up the credit agreement is that dx made mention of there being some terms missing from the t&c, but I haven't been able to pick any out myself.

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Have to take that up with DX....but the T&Cs are part of the agreement on online applications...what you tick is what you agree to.

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well get your magnifying glass out

 

 

in the download from post 35

page 2 states under key information

default charges

in accordance with clause 10 overleaf

there is no over leaf...

 

 

 

 

one hole i've found

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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It is there DX...its just the numbers that have not appeared on the photocopy

We could do with some help from you.

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Well, I'm going to concentrate on the statement and the fact there is no notice of default as I think thats my best chance of getting a good result.

 

Any advice for tomorrow? Any legal vocabulary I should make use of to start proceedings? I really am going into this as a complete novice and I think that worries me more than the outcome. Don't want to make a tit of myself lol.

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The District Judge will conduct Gobster.....he will go through the claim and then your defence...he will invite you to speak at the relevant stage of the hearing....just be honest and explain the dispute.

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 OTHER

 

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Well I won! Didn't even get to say everything I wanted to, as soon as the judge heard about the lack of notice of default he read through his book and decided that without it they cannot enforce anything.

 

He did note that the case could be taken further if lowell ever managed to cough up the notice, but we all know thats unlikely as they would have used it by now.

 

I really am chuffed, what a result!

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Well done ...delighted for you.

 

Thread title amended to reflect the outcome.

 

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 OTHER

 

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

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I really couldn't have done it without all your help, thank you so much!

 

I shall be making a donation but will probs have to see christmas through first as money is tight. I really do hope this site continues to help others as it has done for me. :-D

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well done

 

 

the old default notice problem then.

 

 

not cropped up in a while either.

 

 

clever judge

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

Oh wonderful news! Very happy for you!

Now make a complaint to Lowell and tell them to write off the account... :)

 

They are hardly likely to to that...just the claim dismissed ...the debt remains and can still be chased.

 

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 OTHER

 

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

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