Lowell claimform - old Shop Direct CAT debt***Claim Dismissed***

[dx100uk]

ws says 26 march 2012 point 18?

[AndyOrch]

Wonder if there is a second page continued ?

[AndyOrch]

Quickly running through their disclosures and ws they state .....

 

 

Last Order 17th march 2012

Last payment 4th Jan 2010

WS last payment 26th March 2012

 

Default date 25th Oct 2012

WS Default Date 17th Sept 2012

 

Assigned 29th Oct 2012

WS Assigned 26th Oct 2012

 

So the account was assigned to Loweel 1 day after the default which was issued 8 months after the breach and didn't allow 14 days to rectify any breach of agreement

 

So unless there is a page 2 that proves last payment was 26th March 2012 which Lowell have failed to disclose then their evidence does not counter statute barred.

[dx100uk]

interesting

[The_Debt_Man]

I'm really sorry guys I just uploaded that page so you would be able to see the sort of document that the judge was looking at.

There is a second page that shows the last payment as being paid in 2012.

 

But to be honest I don't think it really matters what sort of section of the law I throw at it as the judge isn't interested in the law side of it.

 

 

I've been thinking... do you think it's worth sending a letter the the court manager as this really isn't right that the judge is treating it in this way?

[Old Cogger]

calm down there is a procedure the court office have negative powers, await help on here

 

when you quote law you have to produce copy of the said item to judges

they play dumb

they are a disgrace to any profession ,

 

 

there are genuine ones out there

BUT it is like the lottery

you will be lucky to get one,

 

 

as a High court circuit judge said to a jury on the balance of probabilities has to be weighed up in a high court only with a jury.

[Old Cogger]

= MISDIRECT THEMSELVES " = as Appeal court Judge state in cases so no telling them off direct.

[kafkabee]

Your experience has chimed with mine.

 

The first hearing I attended was presided over by a Deputy District Judge who from the outset made it clear that she was not impressed with the claimant's failure to respond to the CCA request. She also made it fairly obvious that she didn't particularly like the sol, even refusing him permission to appeal.

 

However,

they did appeal and the appeal was heard by a Circuit Judge who allowed the appeal in part but would not order summary judgement.

 

 

She wanted me to understand that usually a District Judge would hear this case but she said she was higher than a District Judge and would reserve this case for herself over the Christmas period

- "I see no reason that there shouldn't be a hearing over Christmas" she said.

 

 

At the end of the appeal hearing she looked at me pointedly and said, "I think you're going to have to pay this debt Mr X."

I was flabbergasted that her last remark at the end of the hearing effectively pre-empted the outcome of the trial.

 

Also, the usher would not let my wife sit next to me as a layperson to assist because I had not made a formal request before the hearing.

 

I wrote to the Court Manager and complained that the court had not explained that I needed to secure permission beforehand and received a "my staff acted correctly" response.

 

Actually it has to be said that the sol was/is a particularly greasy slimeball who introduced himself across the waiting room like a policeman.

He came over to where I was sitting and thrusting his crotch toward my face asked me if I'd like to go through the papers with him to make sure we've both got the same stuff.

I told him that I didn't want to talk to him.

"No you don't have to," he said and scuttled off like a roach looking for a corner to hide in.

[AndyOrch]

 

I've been thinking... do you think it's worth sending a letter the the court manager as this really isn't right that the judge is treating it in this way?

 

 

No.

[The_Debt_Man]

ok ok ok, it was just a thought guys.....LOL

[kamit9999]

best of my knowledge setup arrangement minimum they can accept £1 a month

[dx100uk]

why not lost round 2 yet?

[The_Debt_Man]

not so much of the "yet" either....lol

 

so if i do lose would i need to take all my incomings and outgoings with me to show what i can afford to pay back?

[AndyOrch]

You can complete an I&E in advance...just on the off chance and have it with you and request that any judgement is not forthwith but monthly payment...saves submitting a N245 variation after judgment which will cost you £50

[The_Debt_Man]

Thanks I'll read up tomorrow

 

While I'm going to try my hardest to win this I really can't see the judge siding with me.

 

Even as I was leaving "he said this is not going to go away so I would try and recall then settle".

 

I also think thet when we go back we will both be short of the requested documents and the judge will go with probability and side with the claimant

[The_Debt_Man]

Section 127....

 

3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

4)The court shall not make an enforcement order under section 65(1) in the case of a cancellable agreement if—

 

(a)a provision of section 62 or 63 was not complied with, and the creditor or owner did not give a copy of the executed agreement, and of any other document referred to in it, to the debtor or hirer before the commencement of the proceedings in which the order is sought, or

(b)section 64(1) was not complied with.

 

Section 60

 

http://www.legislation.gov.uk/ukpga/1974/39/section/60/enacted

 

Section 61

 

http://www.legislation.gov.uk/ukpga/1974/39/section/61/enacted

 

Section 62

 

http://www.legislation.gov.uk/ukpga/1974/39/section/62/enacted

 

Section 63

 

http://www.legislation.gov.uk/ukpga/1974/39/section/63/enacted

 

Section 64

 

http://www.legislation.gov.uk/ukpga/1974/39/section/64/enacted

 

Is there somewhere formal I can copy and paste this from.

 

I want to print off the page and give it to the judge or send it in with my other documents

[AndyOrch]

Not sure I understand...click the links and print the page ?

[AndyOrch]

Thanks I'll read up tomorrow

 

While I'm going to try my hardest to win this I really can't see the judge siding with me.

 

Even as I was leaving "he said this is not going to go away so I would try and recall then settle". As you state he wants you to admit it..without your admitance he cant make a judgment...he wont use the CCA1974 to determine and he wants delivery documents which again are not evidence....... and Lowell cant reconstitute them .....which he isnt going to get...Lowell have no more to offer...so as you say he only has probability left

 

I also think thet when we go back we will both be short of the requested documents and the judge will go with probability and side with the claimant

 

They may discontinue before the next hearing...they dont like multiple hearings as it costs...which then comes off the bottom line of their investment (your debt)..if they do win they will only get fixed costs (Small Claims Track)

 

[The_Debt_Man]

Yes,

when the judge said he was going to adjourn and the solicitor started trying to get the judge to make a ruling instead

(even though he brought it up twice himself)

 

the things he said is that it will be difficult for him to come up with the documents because it's a purchased debt from a long time ago

 

when the judge didn't seem bothered

he said that he's also thinking about the extra cost involved for his client.

He then asked the judge for costs and the judge granted them.

[AndyOrch]

Still only fixed costs.....SCT..only extra costs on separate application/hearings

[The_Debt_Man]

Also when the claimant submits the documents the court has requested (long shot) will they also need to send me copies?

[AndyOrch]

Also when the claimant submits the documents the court has requested (long shot) will they also need to send me copies?

 

Wait for the Court Order see if it confirms file and serve.

[The_Debt_Man]

Wait for the Court Order see if it confirms file and serve.

 

 

Oh ok I wasn't more from the court.

 

I asked the judge if I needed to wait for anything from the court letting me know how to submit everything and he said "No you can post them in or even email them" as long as i do it within 28 days (by the 4th October I think).

 

I took this as though I wouldn't be hearing from the court but I guess he just meant there's no need to wait.

[The_Debt_Man]

i don't know what happened with my last post...lol

 

It was meant to say....

 

oh ok , i wasn't expecting anything else from the court.

 

 

I asked the judge if I needed to wait for anything from the court letting me know how to submit everything and he said "No you can post them in or even email them" as long as i do it within 28 days (by the 4th October I think).

 

I took this as though I wouldn't be hearing from the court but I guess he just meant there's no need to wait.

 

The reason i'm asking is because that would mean that i would also need to send my documents to the claimant, that would then mean they would have all the bank details the court has asked for.

[AndyOrch]

No need to file with the claimant...just the court