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

[dx100uk]

so as post 93 then.

 

but theres quite a buffer between 9th aug when they must pay the fee by

and

23rd for your WS, so you could ring the court and ask before you send off the WS

 

but regardless get one done ready your WS

[The_Debt_Man]

Yes i though it was a bit strange that they give so much time.

 

I actually put together a witness statement a while ago but Andy said it wasn't done correctly so im going to research and do it again.

[The_Debt_Man]

Hi guys

 

Will I be notified if they pay the fee?

[dx100uk]

no you'd have to ring and check

[The_Debt_Man]

Ok thanks

 

I'll leave it until the 10th just in case they pay it late.

 

Having said that they could have already paid it.

[The_Debt_Man]

I've been trying to call the court all day but it just rings with no answer (rings for 55 minutes).

 

I did manage to get through to the HM Courts &Tribunals Service

but they said the case is no longer with them

 

 

their system shows that the fee still hasn't been paid.

 

 

He also said this could just be that there's a back log on their system hasn't updated yet.

[dx100uk]

Ring 1 min

Hang up

No good leaving it ringing for 55

[The_Debt_Man]

I was doing that in the beginning but then on one of my tries I there was a message saying that all their operators were taking calls a d to try again later.

 

So that got me thinking there could be a waiting system.

[The_Debt_Man]

I've still not managed to get through to the court as it either gives a message saying they are busy and to try again later or just rings.

 

I think I should just put together a witness statement now or I'll end up running out of time.

 

Surely if they bid not pay the fee I would have heard something from the courts and they wouldn't leave it until I get there on the day to tell me.

[dx100uk]

never know anyone have these issues

you are using the number on the claimform?

[AndyOrch]

I've still not managed to get through to the court as it either gives a message saying they are busy and to try again later or just rings.

 

I think I should just put together a witness statement now or I'll end up running out of time. That would be wise

 

Surely if they bid not pay the fee I would have heard something from the courts and they wouldn't leave it until I get there on the day to tell me.

 

Normally yes...but it has been known.

 

Andy

[The_Debt_Man]

Thanks guys

 

Yes it is strange that I can't get through to them. I see threads all the time from people saying they have called the court.

 

 

I think I've found a good witness statement that I can modify or at least give me an idea on how it should look so I'll have another go at outing one together.

 

I think they must have paid the fee as there hasn't been any contact but I'll also keep trying to call the court.

[The_Debt_Man]

I received a witness statement today from Lowell.

 

I've only glanced over it but it seems like they have now come up with some old catalogue statements/agreement.

 

it seems like the reason they didn't comply with the cca and CPR requests is because they wanted to put them into the court at the last minute .

 

Nothing I can really do now

[dx100uk]

who says

get scanning please

 

pop everything into ONE MULTIPAGE PDF

 

click upload

 

we've seen lots of rubbish on CAT debts that are no-where near enforceable or even cut n pasted stuff

[AndyOrch]

I received a witness statement today from Lowell.

 

I've only glanced over it but it seems like they have now come up with some old catalogue statements/agreement.

 

 

So it seems like the reason they didn't comply with the cca and CPR requests is because they wanted to put them into the court at the last minute .

 

Nothing I can really do now

 

Glad your not coming into battle with me TDM scan up what you have including WS and exhibits.

 

 

Andy

[The_Debt_Man]

REALLY?

 

I thought that if they come up with agreements...etc then it's all over.

 

What would be my argument?

 

Glad your not coming into battle with me TDM

I really did lol when i read

this...lol

 

I'll get it all scanned and upload it but there is a lot here.

I think they have just sent a copy of every document they have including the ones we have exchanged.

 

Funny thing is the last letter was the one they sent me stating they have noted my request for the cpr/cca and they would request them from shop direct (that they never ended up sending me).

 

It's really annoying that they can just ignore the CCA and CPR requests but then just get away with producing them with their witness statement.

[dx100uk]

well we don't need to see what we already know/seen .

agreement & T&C's who says they are enforceable?

NOA's DN etc

[The_Debt_Man]

I've scanned the first 9 pages (sorry about the blobs on the pages but i was using a tablet and didn't see them until the pdf was made) and attached it to this post .

 

The other pages are statements that look like they are generated on their system and not how they would be sent to you , letters from them saying i owe them money and failing to pay will lead to further action being taken.

 

Funny thing is the last letter is the one they sent me after i made the cpr/cca requests with them saying they will ask the original creditor for them (it never happened). they even mentioned this in their witness statement when you would think they wouldn't want to draw attention to it.

 

Another thing i've noticed is that the credit agreement they have provided is just one with my name ad address typed at the top but the signature and date at the bottom is just blank.

 

Another page is what i think is a screenshot full of numbers. i didn't understand what it all means so i've randomly blanked numbers.

 

Is that enough guys ?

WS.pdf

[AndyOrch]

Will run through your uploads later TDM...not forgotten you

[The_Debt_Man]

Thanks andy

 

I was getting worried there for a minute...lol

[AndyOrch]

Hearing date is the 6th September and all documents and witness statements should be filed and served not less than 14 days before ?

 

Have you filed a witness statement ?

[The_Debt_Man]

Oh no i've left it too late now

 

I was waiting to see their defence and then i didn't now how to argue my case.

 

What happens now?

[AndyOrch]

Well the last 2 pages of your thread discusses the point that you must submit your witness statement 14 days pre hearing.

[The_Debt_Man]

I know there's really no excuse for me missing the deadline.

I really should have kept a closer eye on it.

 

I originally was going to just send in a witness statement straight away to be safe (remember I sent you one to look at but it wasn't any good)

 

then I was waiting to see if they paid the fee but I was unable to get through to the court,

 

then after reading their witness statement I didn't know what my argument would be and the timeline went out of my head.

 

What can I do now ?

[AndyOrch]

Get one submitted ASAP and hope it accepted...you can email a copy to their sols and drop it in at your court tomorrow.

 

Looking at their WS one glaring error is they rely on a reconstituted version of the agreement...the court directions order all original documents must be disclosed....not a recon.

 

 

Andy