Lowell/Lowell sols claimform - old cat debt

[sk101]

Hello guys ,

Just came back from the court.

 

When the proceedings started ,

the first thing judge said to lowell solicitor was

" the I am going to strike this case of on the basses of non compliance with cca and cpr .

 

, then the lowell solicitor managed to to get some more time from judge to produce debt evidence in statements from VERY.

( THE JUDGE GAVE LOWELL 28 DAYS TO PRODUCE EVIDENCE OF DEBT IN THE FORM OF STATEMENTS FROM ORIGINAL CREDITOR VERY IF THEY CANT THE CASE WILL BE STRICKEN OFF)

 

Also judge will look at further if they can use generic agreement in next hearing.

 

Surprisingly I was able to login to my very account which was closed long time ago, but there is no account history at all , no account summary, no transaction at all.

[AndyOrch]

Sounds like your Judge has no time for claimants messing him around:wink:

 

Andy

[sk101]

I will update if I hear anything from Lowell I will post here what ever they send.

[shamrocker]

Well done on getting this far sk. If anything, it sort of rewinds the clock, should they be able to produce anything. Hopefully we'll get a chance to view whatever it is they're relying upon in support of their claim, and then we can take it from there.

 

At least we're still in the game, which didn't look too likely ten days ago.

 

Sham

[sk101]

No thank you all for helping me go this far , I wouldn't have done it without your help. I wish I knew about this forum before. I will update soon as I hear anything.

[shamrocker]

Well, the main thing it that you know about it now!

 

With regards the 28 days Lowell have been given to produce statements, I fancy it'll be finding a valid agreement and satisfying the need for a Default Notice to be issued that will cause them the most concern. Something tells me they'd have already brought them to the party if they had them. Let's see though.

[sk101]

Yes,

I think if they could access these they would have provided me they had enough time.

Its not I am avoiding to pay VERY I will pay them today if they can bring my original balance back which I know for sure was under £500.

 

 

I dont want to pay LOWELL thieves who ripping people off .

I dont know how they can sleep at night.

[sk101]

Hello Guys ,

 

This is what I received from the court a week ago and I received a witness statement again from Lowell today which I will upload later today or tomorrow.

IMG_20160816_0001.pdf

[shamrocker]

Please post everything up when you get a chance sk. Edit out any identifiable information first though.

[sk101]

Hi, This is what Lowel sent me yesterday. They cant provide what judge ordered them.

IMG_20160817_0001.pdf

[AndyOrch]

Images too small to read.. please convert them to PDF format and re upload.

 

Andy

[sk101]

Is this any better?

IMG_20160817_0001.pdf

IMG_20160817_0004.pdf

IMG_20160817_0002.pdf

[AndyOrch]

So no exhibits or proof to substantiate their claim....... as per the judges order......

 

2. Claimants do flle and serve a detailed statement in repl1,. including copies of statemerts of accounts, to the Defendant's statement of 21107 /2016, which shall be treated as the amended Defence, such statement to be filled nd served with exhibits by 4:00pm on 30/0812016. ....In default, Claim be struck out.

 

Poor attempt to get around the order....fail.

 

Andy

[shamrocker]

So, that's all they have sent?

 

When uploading document, insert them into a MS Word document in page order and then print as PDF - you can then just upload the PDF and everything will be easier to follow.

 

Your response to that WS is easy, but I haven't got time to go into depth on it today. Maybe Andy will comment in the meantime....or would you rather we draft something up first Andy and then you can suggest improvements?

 

SORRY - you beat me to it Andy.

[sk101]

Thats all they have sent . They have until 30/08/2016 4pm to send statements .

[sk101]

It doesn't have to be today to send them my W/S. We can send them in few days.

[shamrocker]

It would appear that the above WS is all you'll be getting. It might just be a final attempt to get you to concede to them....would be surprised if they were brazen enough to go back in front of a judge with a response like that.

[sk101]

It would appear that the above WS is all you'll be getting. It might just be a final attempt to get you to concede to them....would be surprised if they were brazen enough to go back in front of a judge with a response like that.

 

I hope so.

[sk101]

Do I need to respond to there W/S ?

[shamrocker]

Do I need to respond to there W/S ?

 

My best guess would be 'yes', but I'll let Andy answer this when he looks in next. There could be an alternative school of thought that you only need to turn up at court and state that the claimant hasn't complied with the order, but I don't personally know what the appropriate action is.

 

Their WS is nonsense in any case and can easily be countered.

[AndyOrch]

Yes I fully agree with all the above...I would submit a further supplemental witness statement...only needs to be short and succinct in that the claimant has failed to comply with the Order dated xxxxxx and is self evident that they cannot disclose any evidence on which their spurious claim relies upon.

 

You request that their claim be struck out as per the order dated xxxxxx forthwith...pursuant to CPR 3.4

 

Simple.

[sk101]

Yes I fully agree with all the above...I would submit a further supplemental witness statement...only needs to be short and succinct in that the claimant has failed to comply with the Order dated xxxxxx and is self evident that they cannot disclose any evidence on which their spurious claim relies upon.

 

You request that their claim be struck out as per the order dated xxxxxx forthwith.

 

Simple.

 

Can some one help me draft it when you have time? and do I need to send a copy to both Lowell and Court as well? Thank you

[AndyOrch]

Yes file and serve......already drafted above

 

Add the headers....head it Supplemental Witness statement of SK1 and finish it with a statement of truth.

[sk101]

Yes file and serve......already drafted above

 

Add the headers....head it Supplemental Witness statement of SK1 and finish it with a statement of truth.

 

Thank you I will do that now and post it here for final check before sending.

[AndyOrch]