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Lowell claimform - old Cap1 card debt ***Claim Dismissed***


shopaholic13
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you cant ask for a DN under a section 78 CCA request.

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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I am confused

the court have only ever sent me a letter to say defended claim and DQ.

 

They did not ask claimant to provide any documentation before going to court,

 

i have 4 days left before court and have no idea what my main problems with this case are,

 

what my defence is

 

and what i need to say to prove that they have not fulfilled their obligations to bring this claim

 

you cant ask for a DN under a section 78 CCA request.

 

I assume I asked for DN with CPR 31.14 ,it was their response that quoted s78 cca

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I assume I asked for DN with CPR 31.14 ,it was there response that quoted s78 cca

 

So obviously they dont know what they are referring to ...just get on with finalising your witness statement and disclosure of documents.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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ok here we go...

 

 

only thing I can see is the dn you've hidden the date of issue

..we need that.

 

..

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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Share on other sites

Any pointer from you knowledgeable people please .

 

What are the main points i need to make or dispute?

 

I dont want to go in an look like a fool and my case torn to shreds.

 

I know this site has a great record against these sort of clams and am grateful for advice and help

 

Do i need to print off S78 CCA and CPR 31.14 any others ?

 

Do I need to make reference to claimant relying on probability that debt is mine as heard they use that a lot.

 

i will be attempting final write up tomorrow

 

I know this site is busy but this is my last chance to ask for your help as tomorrow I will only have 24 hours left before court

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Were you asked to supply a supplementary WS?

If not. You've already filled earlier

Then all the points you make are simply notes for you poss a skeleton arguement

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... 

Link to post
Share on other sites

Yes I was asked to write a W.S. when it was allocated to local court.

so I need to re do skeleton argument today.

 

from what I can gather a skeleton argument is a list of my main points.

my post on page 1 is a skeleton argument that needs neatening up.

 

My W.S. was sent to court before I received claimants W.S.

(as the sent it to me 14 days before court date )

 

With the claimant W.S. i received the

alleged DN,

CCA,

Statement and notice of assignment

first I had seen of these documents (except CCA) had asked for documents 6 months ago

 

I need to re do skeleton argument today.

from what I can gather a skeleton argument is a list of my main points.

 

my post on page 1 is a skeleton argument that needs to be redone

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5th from bottom

the one that starts

I have given my head a wobble and gone through the statement of truth.

Please feel free to tweak amend etc.

 

have gone through Lowell W.S.

They repeat themselves a lot .

From what I can see its lowell saying my defence is rubbish and they have done what is needed to bring claim and for me to pay.

 

me saying my defence is not rubbish and this is why its not rubbish

furthermore my defence proves you have not fulfilled the requirement to bring this claim nor payment of alleged debt

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Well thats basically what your witness statement should achieve.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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I think it does.

Wish i had done some more research before doing my W.S.

 

It was difficult as many of the documents I had asked form Lowell had not been sent to me by the time I had to do my W.S.

 

I did not received the bulk of documents until I got their W.S.(14 days before court date )

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Best of luck and lets hope you get a decent District Judge...please update your thread...good or bad.

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Excellent well done Shop.....they could try but require permission from the court to litigate on the same matter thats already been dismissed.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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wow that picky!!

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... 

Link to post
Share on other sites

nice to see the judge lottery pendulum swing and hit a DCA for a change.....:lol:

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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