Lowell claim form - old cat debt***Claim Dismissed***

[AndyOrch]

No just your Witness statement .....CCA/CPR requests and responses and any exhibits referred to in your Witness statement......file with court and send a copy to the claimants solicitor...job done.

[Tulip637]

I got it all done and sent

. It was done yesterday but had printer problems the day before.

I emailed it to both the court and bw legal and also posted a copy to arrive today.

The court said that Was fine when I spoke to them.

 

They haven't sent anything though at all, so what happens now?

Could they be late with it?

What happens if they send nothing?

 

Also if they cancel it will my default be removed? I genuinely don't owe this money..

 

Thanks so much for all your help so far

 

Ok, scrap that last comment. Ive just received their witness statement which is requesting that my defence be struck out.

 

What do I do now?

Have I lost or is there still something to fight?

 

They have listed my account with everything I did order, and then some more stuff listed after I'd cleared the account.

 

I genuinely cannot remember ordering anything and furthermore believed the account to be closed.

But they have it listed on their thing so i wont be able to argue that will I?

 

The thing is if they'd supplied this statement when I asked them to last year id have just paid it, and now I have all the court fees to be added too.

Is there anything I can do?

Please help

 

I'm just looking theyve supplied a witness statement which is huge,

i thought my 16 points were too many but they have 47.

They've numbered their statement of truth and I haven't though, will that go against me too?

 

Theyve spent most of that proving i had an account, which i openly admitted to anyway.

Theyve supplied a full copy of the agreement.

 

Then theyve said I had a remaining £233 owing due to goods and an account overview thing which gives an over view of total amount of goods ordered and total amounts of payments.

 

Then it lists the payments made and actual goods ordered.

R After the last payment made the goods total theyve listed is for £298, not the £233 they say I owe.

 

Theyve not supplied the default notice or default warning letter, or a copy of the letter where theyve written to me to tell me theyve taken over the account or anything like that, just the agreement and the overview with the list of goods which doesn't match up price wise.

 

Actually id read the dates wrong, the amount of the goods ordered is £149 since my statement which proved that the balance was clear, but they're saying the total is £233

[dx100uk]

Usual gumph then they sent if you go read other cat claim form threads

Loads of stuff that might indicate you had an account

But not the stuff they really need to produce to prove their claim

I.e the default notice

2 cases in the last week whereby fleecers lost due to its lacking

[Tulip637]

Really? I've looked on the successes thread and not seen them, ill go and have a look

 

What can I do now?

What should I do now?

 

I was all positive yesterday but I feel so out of my depth now

[dx100uk]

Or this forum

[Tulip637]

I'm really struggling to find the threads where the cases have been thrown out, are they on this bit of the forum?

 

What do I need to do now?

I've seen people mention submitting an extra defence, so I need to do this?

 

And skeleton arguments, are they to be submitted or are they just notes for me to use in court?

 

Lowell have put that they want the case dismissing and awarding to them,

and a couple of times they say that my argument is vague and one point says

 

The lack of any substance or supporting evidence to the defence limits the Claimant to the response they are able to file

 

Was .y witness statement and evidence not good enough?

[AndyOrch]

Lowell request that everyone's defence is struck out on the claims that they actually manage to submit a witness statement for ...so dont take it personally

[Tulip637]

Ah lol ok..

So the court isnt likely to take notice?

What do I need to do now please?

[AndyOrch]

Prepare for the hearing...read threads...research .....and read more...knowledge is power.

[Tulip637]

I've been reading loads, all the threads i can..

do I have to hand in any more?

 

 

I've seen mention of a supplemental witness statement and a skeleton argument, do I need those in my case?

 

And can anyone tell me what actually happens in court?

 

 

I think it's the not knowing what to expect that scares me most.

 

 

Ive not read any posts where peo0le say it how it happened,

just that it did if that makes sense..

 

That and being up against a solicitor who's experienced this loads and knows all the laws off the top of their head.

I think theyll try and wrap me up in knots..

[AndyOrch]

No ..nothing further to submit....supplemental witness statements are submitted if you see something in the claimants statement that you only received late or last min after submitting yours and you wish to challenge and counter.

 

Skeleton arguments can be drafted nearer the trial date.

 

Well here is thread from this week which you have not read.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441145-HPH2-claimform-old-HSBC-OD-prob-SB-d***Claim-Dismissed***/page8

 

Andy

[Tulip637]

Thank you for that I hadn't read the last bit and that's really useful.

 

I've read about them asking for a private chat at first,

and that they do it to try to get you to admit you owe it.

 

 

Mine isn't statute barred,

am I still ok to say no to speaking to them?

I don't want the judge to think I'm being unreasonable

[AndyOrch]

Nothing to stop you listening...you dont need to respond...you may get a heads up on what they will rely on or arguing as their main line of claim.

[Tulip637]

Can I check as well,

they sent me a screenshot of their account for me with shop direct which has the basic details.

 

They haven't sent me a default notice or letter threatening or warning of a default notice.

 

Is this a valid argument in court?

It's one of the two things I'll be relying on

[AndyOrch]

Technically yes they should follow the correct process as laid out in the CCA1974...whether a DJ sees it that way is another matter.....but the issuance of a default notice is important and a prerequisite to issuing a court claim

[shamrocker]

Can I check as well,

they sent me a screenshot of their account for me with shop direct which has the basic details.

 

 

They haven't sent me a default notice or letter threatening or warning of a default notice.

 

 

Is this a valid argument in court?

It's one of the two things I'll be relying on

 

Is there any chance at all that you could post up a copy of their witness statement.....remove any personal or identifiable details first.

 

Sham

[Tulip637]

Yeah I can post it up but it'll be morning before I get chance to go on the scanner. Im not sure how to redact my personal information from a pdf though.

It won't harm me if they see ive posted it on here will it?

 

Technically yes they should follow the correct process as laid out in the CCA1974...whether a DJ sees it that way is another matter.....but the issuance of a default notice is important and a prerequisite to issuing a court claim

 

We'll thats one part of my defence as i see it now, i thi k my defence is

 

1 that they've never sent a default notice, warning letter for a default or notice of Assignment to me. Ive never received any and theyve not included any with their witness statement either

 

2 they didn't respond to my cra letters or 31.14 requests.

 

3. The itemised statement amounts don't add up at all. The amount they say I owed is 85 more than the itemised statement showed i owed. I have proof that it was at 0 just before these random extra items were added. Theyve added their 100 fees on top of that.

 

 

As they've added their extra fees will they go for additional costs as well as that in court?

[dx100uk]

follow the upload guide

scan to JPG

redact in MSPAINT

then convert all the pix to ONE PDF

[shamrocker]

Yeah I can post it up but it'll be morning before I get chance to go on the scanner. Im not sure how to redact my personal information from a pdf though.

It won't harm me if they see ive posted it on here will it?

 

You have nothing to worry about. They're too busy filing speculative claims to be fishing about on here. Just make sure to remove your details, any reference numbers, etc.

 

We'll thats one part of my defence as i see it now, i thi k my defence is

 

1 that they've never sent a default notice, warning letter for a default or notice of Assignment to me. Ive never received any and theyve not included any with their witness statement either

 

2 they didn't respond to my cra letters or 31.14 requests.

 

3. The itemised statement amounts don't add up at all. The amount they say I owed is 85 more than the itemised statement showed i owed. I have proof that it was at 0 just before these random extra items were added. Theyve added their 100 fees on top of that.

 

Save these points for the hearing and outline them in a concise skeleton argument.

 

 

As they've added their extra fees will they go for additional costs as well as that in court?

 

No, they can't add anything further in Small Claims Track - except maybe if they went for Summary Judgement and your behaviour was deemed by the judge to unreasonable in some way. That won't apply here though.

[Tulip637]

Sorry its taken so long, I was getting so wound up about the whole court thing that I sort of tried to not to think about it for a few days.

 

I've uploaded the witness statement as suggested, but I've not included all of the credit agreement as it was pages and pages long and just the usual stuff.

 

Court on Thursday now, any help would be massively appreciated

lowell WS.pdf

[AndyOrch]

Conveniently nothing mentioned with regards to the OC issuing a default Notice

[dx100uk]

says lowells have it in their document store as a PDF mind?

page 10.

strange they printed out everything else on that list and not the DN???

 

 

dx

[Tulip637]

says lowells have it in their document store as a PDF mind?

page 10.

strange they printed out everything else on that list and not the DN???

 

dx

 

 

I noticed that too. Ive never received one though and lowell haven't printed one either at my cca requests before or with this stuff. Nor like Andy said have they mentioned it. Will that go against me?

[dx100uk]

no totally the otherway....

[Tulip637]

Oh. Well thats ok then. Thank you.

 

What do I do now?

 

 

Do I have to draft an argument to use?

 

 

Will I have to quote any laws to the judge?