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    • Hey all done a lot of forum searching etc and im trying to get all my documents in order to send off the n244 set aside ccj form,.  So far.....i have done the below but feel like im not doing it right?   In the County Court at Stockport Claim No:    LOWELL SOLICITORS Claimant And   MR  Defendant   Witness statement 1.    I understand that the Claimant obtained a Default Judgement against me as the Defendant in JUNE 2019. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until September 2019 when I was doing a routine check on my credit file. I understand that this Claim was served at an old address 15 Armadale Close. However, I moved to a new address in September 2011 and I moved from 15 Armadale close in 2008. In support of this I can provide confirmation from Stockport County Council showing my updated details for the purposes of paying Council tax. 2.    I requested a sar from Lowell solicitors which shows them contacting me at my current address and not needing to contact an address where I never took credit or moved form 11 years ago. 3.     It is denied that the Defendant owes the Claimant £3154.09 as stated in their particulars of on the 15/05/2019 4.    I have never received agreement & default notice from Lowell solicitors ltd. 5.     On the 12/11/2019 I sent a formal request for a copy of the original agreement to Lowell Suitors pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee. 6.    I request the court orders the Claimants to provide the necessary documentation for me to fully plead my case else the Claim should stand struck out. 7.    In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence and would ask that the Claimants bear the costs of the amendment. Statement of Truth The contents of my statement are true to the best of my knowledge and belief Signed:  Dated: 12/11/2019     also     IN THE STOCKPORT COUNTY COURT Claim No. F1HK1E62 BETWEEN: LOWELL SOLICITORS Claimant – and – Defendant SEAN GORMLEY _________________________________ DRAFT ORDER _________________________________   Upon reading the defendant’s application dated 15th May 2019 It is ordered that: 1. The judgment dated 18/06/2019 be set aside. 2. The Defendant has filed a witness statement enclosed with application 3. The Claimant do pay the Defendant’s costs of this application to the sum of £255 4. The Claimant has permission to file and serve a reply if so required.          
    • Have a look at FOS on trustpillooot someone has just made a nice post about 4 hours ago:)
    • I believe they said they have ceased trading but the company itself is still active. I contacted companies House and also the insolvency register. I believe they have lied to get us off their tracks. Emc were previously Surrey First Cars. I have been doing a lot of investigating lately. I also know as of 9th October a new company has been registered for car sales at the EMC premises. However, as I mentioned chobham motors is still trading which is owned by Crown motor.    Edit- just found my agreement with wmsgroup for third party insurance. The dealer name on it actually says EMC CAR SALES/COBHAM CENTRAL GARAGE   
    • I don't know your circumstances, but I predict they will tell you its not mis-sold and encourage you to take it to the FOS knowing full well they have a cosy relationship with the financial institutions.
    • One issue would be Cleared Funds, as in pay online and it may be 3 days before the payment is showing in their bank
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p_walker

Lowells claim form - old Cap1 Card debt

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who is saying it will even get that far?

 

court is far less stressful than the dentist.

its not like you see on tv...


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but it doesn't mean it going to happen

they could disc the claim.

 

to be honest its who blinks first...

 

your position is strong and I think you'll enjoy it too.

its just a table most of the time....


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I am negotiating with Lowells over the phone (they didn't reply to my emails).

They claim I have to give full details of my income and expenditure and that then they decide the amount which will be payable in the Tomlin order.

 

I would rather make an offer myself, but they are repeatedly saying that that is not possible.

Who is correct?

 

They also were not prepared to cancel the hearing as they said it was too late (a few days ago).

Now it really is too late.

Does anyone else find this unusual?

 

Does anyone know how much I should offer?

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No you dont.......if they are not prepared to settle by Tomlin Order with your offer...then let it proceed.

 

No other Solicitors request this information


We could do with some help from you.

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The thing is,

I see their point that it is too late to halt the hearing (it is on Monday).

But we discussed agreeing a Tomlin order in advance of the hearing.

I am happy to do that due to the ongoing mental health crisis.

 

However, it's like the person on the other end of the phone is reading from a script from which they will not deviate,

i.e. I must go through this list of information and give it to them, for there to be any agreement.

It is problematic as I am still not well.

Email would have been better.

 

I will perhaps give it one more try this afternoon.

 

If the total amount is 4000 for example, what's a reasonable amount to offer?

 

To anyone wondering why I should bother negotiating this at all, quite simply it is to end the stress so that I can focus on my health.

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It is more a case of what you can realistically afford and how fast you wish to pay it off...but I would be offering in the region of £25 per month


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Thanks again for everyone's help. I hope to make a donation to the site as soon as I can afford it.

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well to me you seem to be handling this 10times better than most here that don't claim to have any issues.

 

you'd do well in court IMHO.

lowells are just fleecers

go beat them in court

it will make you feel 10 times better all over.


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Lowells have sent me the Tomline order but it is £545 higher than the amount on the claim form. It says that it is made up of costs and interest. Is it normal? I know they said there was a £100 charge for a Tomlin order and £200 for them to attend the case. Is it normal for costs to be included in this way?

 

If I leave it until the hearing instead, would the Tomlin order include costs and interest in the same way?

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Not normal if it was with any other Solicitors...normally a term is included that parties bear their own costs...its should be the total amount on the claim plus the fee for the Tomlin Order £100.


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I have sent a revised offer; literally no idea where all the other imaginary charges come from. Very typical of their whole modus operandi, though. If they don't accept I think I will just go before the judge, after all.

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reject it now

go before the judge

they'll fail

you are seriously good at this than most here


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi everyone,

 

Sorry for the delay in updating. This was settled by Tomlin order in the end, this was the best outcome for me and I'm really grateful for everyone's help.

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Just read through your post and Im sorry they ended up getting their own way and you didnt feel you could see it all the way to the end :

( I too have been diganosed with mental health issues and know where you are coming from with the pressure and strains of tackling something like this.

 

I also have an ongoing battle with a different set of fleecers and am at the stage of waiting for the N180 to come through the door if it ever arrives.

 

The money isnt much if your welbeing is at stake, I hope it ends up worth it for you and you can begin to try and move on with your life

 

RM

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