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Lowells/? claim form - OH's old Vanquis card 'debt'***Settled by Tomlin Order***


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working days?

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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hi

I believe it says on the 3rd page about half way down under

"the following directions apply to thie claim"

 

 

6) each party must deliver to the other party and to the court office copies of all docs on which that party intends to rely upon at the hearing no later than fouteen days before the hearing?

 

the hearing is on 15th feb

 

Then you must proceed with the directions and prepare your disclosure and witness statement and file and serve by that date...its a good indication if by that date you have not received the claimants witness statement and disclosures ..they do not intend to proceed...so any thoughts of settlement should be kept in abeyance until such time...irrespective whether they pay the hearing fee or not.

 

Discussed this on the 3rd Jan MF

 

Andy

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yeah DX, working days!, so not including saturday and sunday, I always thought it was 14 normal days so i was kinda waiting till the last minute. is this right??

 

I'm confused Andy - are you saying that you told me to follow the directions and it's my fault (I would understand if that's what you were saying) or are you saying that as I have not recieved the claimants WS and disclosure that they do not intend to proceed? but if thats the case why would they pay the fee?

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Simply pointing out that you knew what was required by the 3rd and now you are running out of time.

 

As they have paid the fee...its still not a sure sign they are proceeding.....check with the court and see if they have submitted their disclosures and witness statement to the court...it could be that they have and failed to serve you.

We could do with some help from you.

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Simply pointing out that you knew what was required by the 3rd and now you are running out of time.

 

As they have paid the fee...its still not a sure sign they are proceeding.....check with the court and see if they have submitted their disclosures and witness statement to the court...it could be that they have and failed to serve you.

 

 

Yes Andy you are totally correct, I now it's my fault, I have just had so much on my plate lately I'm struggling to keep up!

 

I did ask if lowells had submitted their disclosure and WS and the lady said that nothing has been received.

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Get straight on with drafting your WS myfamily, then post it up here for the guys to have a look at for you.

 

I would deliver it yourslef at your local court tomorrow, that saves with the wait on postage and then your only

one day late. Then send the claimant his copy 14 days before so he doesn't get it to early 😉

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Well thats a plus...no disclosures/witness statement = no written evidence that they can rely on = no point attending the trial

We could do with some help from you.

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Simply pointing out that you knew what was required by the 3rd and now you are running out of time.

 

As they have paid the fee...its still not a sure sign they are proceeding.....check with the court and see if they have submitted their disclosures and witness statement to the court...it could be that they have and failed to serve you.

 

 

Hi Andy, yes you are right, I know I've let it slip but just had so much on my plate, it's been so stressful.

 

I did ask the lady if they had received the WS and disclosures from Lowells and she confirmed that they have not go received anything..

 

So I am hopeful that they have slipped up? Sorry duplicate reply!

 

I am working on it tonight and will post it here first. I am working tomorrow (part of my stress!!) So I will try and get it down there, not sure how!

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Main thing is you comply...

We could do with some help from you.

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Hi All,

 

I never managed to get back online on thursday night or friday as a I had total disaster at work and could not get this written or even get away to go deliver it.

 

I really didn't know what to write so it's kind of short - have no idea if it's going to be enoguh - I have not received anything fom Lowells (WS and disclosures) so hoping they havent complied.

 

I am not sure whether to mention the default date is different on my credit report than what Lowells have stated, and that they provide the agreement and statements but not notice of assignment

 

I am ready to go down to the court anytime today, if this is ok?

WITNESS STATEMENT cag.pdf

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I dont suppose there is really anything further to state as there was no disputes and your defence simply relies upon them being able to disclose the necessary documents which their claim relies upon.

 

Dont forget to do your disclosures also......CPR/CCA request and responses etc.

We could do with some help from you.

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yes I was going to attach my request cca and cpr as exhibit 1 and the first letter reply as exhibit 2. do I need to send them copies of the agreement and statements or is that up to lowells to do really?

and should I change point 4 to read a requst was made vis CCA and CPR 31.14 ....

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yes I was going to attach my request cca and cpr as exhibit 1 and the first letter reply as exhibit 2. do I need to send them copies of the agreement and statements or is that up to lowells to do really? Not required they are the claimant let them disclose.

and should I change point 4 to read a requst was made vis CCA and CPR 31.14 ....

 

Via or vis a ve makes no difference.

We could do with some help from you.

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Well typically I have recieved the WS and disclosures from Lowell.

 

They have sent a copy of the agreement, statements and default notice that they sent me - but have also added the notice of assignement which WASN'T sent to me as per my request and that I have infomred the court in my WS hat I have not received. they have also added 4 other letters aksing for payment and then the last letter is a letter of claim.

 

the covering latter also states an amount of £986.03 whereas the claim was for £863.03 (including the court fee) - whats that about then?

 

I'm stuffed aren't I?

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The difference in amounts will be section 69 interest which is accruing until judgment.

 

Andy

We could do with some help from you.

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When you file a defence based on putting the claimant to strict proof to disclose with no other further arguments...you always run the risk that they may be able to disclose the necessary and that the claim may proceed to trial.

 

Its a gamble and in most cases normally successful.

 

So now you have 2 options.....

 

Does what they have disclosed look valid in particular the agreement..which you may wish to scan in and post up for opinions.(retract any identifiable data first)

 

Or you can approach the claimant with view to negotiating a settlement...be mindful of the hearing date and how much time is left.

 

Andy

We could do with some help from you.

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:-(

 

They have also mentioned in their WS that I e-mailed and made an offer.

 

This is the agreement that they sent - looks ok to me.

 

but the default date is weird thought, they say in the WS that the account defaulted on 28th Feb which matches my noddle account - but thier default letter is dated 9 Oct 2013 and gave until 28th Oct 2013 so shouldn't the default date be 28th Oct 2013?

 

I have attached the agreement

 

If I were to try and negotiate is that going to be a lump sum or monthly - I have no money so I cannt do a lump sum :-(

Lowell agreement.pdf

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As its a post 2007 agreement Im sure a Court would accept it being legally valid.The error in default dates would be regarded as de minis and an error within their Witness statement..the hard copy would be taken as fact.

 

Yes you can agree a monthly payment arrangement......if you agree it by way of a Tomlin Order you could also avoid a CCJ being registered.

We could do with some help from you.

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The claimant prepares a Tomlin Order..you just suggest it as a proposal.

 

You have to deal with the Solicitor named on the claim form....give them a ring..far quicker.

We could do with some help from you.

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name showing top of page 2 att removed.

 

 

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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