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Lowell claimform - old vanquis card debt - opps used CPR 18 - help theyve complied!!


macker16
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even if they try and give them to you on the day bring the fact to the judge straight away, take no fuddling from and rent a solicitor claimants use, they would of abused court orders, and the judge should strike out ? if any of these so called pen pusher DJs have any idea

:mad2::-x:jaw::sad:
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I am definitely going to bring it to the judges attentions.

Again it just shows that they don't provide documentation even when ordered by a judge!

 

The thing is I don't want the judge to adjourn the hearing because I've not had sight of the claimants ws and therefore have not had time to prepare whereas they have.

 

Like you say, a good judge should strike it out as they have not done as the court order has instructed but some judges make some strange decisions and would view it that the court has received the copy which to them would be the most important of the two....If that makes sense.

 

Macker16

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Hi

 

Just to update you that the hearing was adjourned. I informed the judge that I had not received a copy of the claimants ws and because the judge had received a letter with his ws stating that the defendant had also been served a copy of the WS he then gave me the choice to take 5 minutes now and read it or adjourn it, so I chose to have it adjourned rather than feel rushed.

 

I'm fairness to the judge he wasn't happy that I did not receive a copy of the WS but said he had to be fair and give the claimant the benefit of doubt as they had documented they had sent it.

 

To be continued....

 

Macker16

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Better scan redact and post it here

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  • 1 month later...

Hi Everyone

 

 

Now received Lowells Witness statement but delayed in posting it due to internet problems.

The only thing they have added in it that concerned me is their explanation for the electronic signature, which I have attached.

What do you think?

Does this change it that they will now get by without having to provide the credit agreement as they say that I would have put a tick in a box?

 

Court date is on Thursday.

 

Thanks in advance for any replies.

 

Macker

Lowells WS.pdf

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They still have to disclose a copy of the full executed agreement pursuant to section 78...on line tick boxes and The Electronic Communications Act 2000 does not override the CCA1974.

 

I understand that from that period even with on line applications a hard copy was also sent out after opening the account with the card that required a manual signature to compete the execution.

 

May be of interest.....

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?487456-Vanquis-card-Court-Claim-lowell-solicitors/page2

We could do with some help from you.

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Hi everyone

 

Just to let you know that I received a call from the courts late yesterday informing me that the hearing has been cancelling due to them no longer having a judge and the case will be re listed as a priority.

 

Macker16

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  • 4 weeks later...

Hi everyone

 

Just a quick one, I'm back in court tomorrow and have just been going through all my paperwork and have just noticed that the account number on the witness statement is different by one number, can I use this against them?

 

Thanks in advance for in advice

 

Macker16

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they can make a mistake by one number - a judge gives way on worse than the error> as I found

 

Banks etc can make a lot of mistakes and judges allow them room, YOU make a mistake and quote a one number wrong and case thrown out = the state of so called NON Justice in the UK

:mad2::-x:jaw::sad:
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Is there anything else I can do as there has been another post on here where lowell were the claimant and used the same documentation as the credit agreement and that judge ruled in favour of the defendant!

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called judge lottery...

 

so totally ignore your sec 127(3) counter to the tickbox?

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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Do you mean did he ignore everything I said about the electronic signature does not over idea the cca1974 and they should still have provided a credit agreement then yes. He just kept saying that I wouldon't have agreed to the t&c on the website and didn't care that they had not provided any of the info that just have been produced.

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def judge lottery you cant defend against that sadly.

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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no need to keep hitting reply with quote

just type...

 

what did the judge actually state

a value per month or simple said forthwith judgement for the whole amount?

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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He just allowed the solicitor to go through all the additional fees and interest she wanted adding onto it which the judge said maximum was £600 and he said that would be added onto the existing debt and then it was over so I don't know what I do now.

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You wait for the notice of judgment with payment details....if its forthwith you submit an N245 and vary it to affordable monthly payments.

If its already monthly and not affordable you submit an N244 and request a redetermination.

 

Andy

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  • 2 weeks later...

Hi

 

On Friday 20 July I received a letter from Lowell asking for 1st installment to be paid on the 23Rd July.

They have said installment amount is £4428.29 and is monthly which is obviously an error on the monthly amount as £4428.29 is the full balance

my question is

should I wait for paperwork from the courts as I've had nothing from the court since the hearing date on the 9 July and i thought it would be coming from the courts.

 

I also think it's unrealistic for Lowell to send a letter asking for a direct debit to be set up with 3 days notice of the first payment date and then threaten enforcement action if I don't make payment in accordance with the ccj.

 

Any advice gratefully received.

 

Macker16

Edited by dx100uk
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So no notification from the court re Judgment Order and payment instructions......?

 

Have you rang your local County Court ?

We could do with some help from you.

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Hi Andy, thank you for your reply.

 

I've received absolutely nothing from the court, only this letter from Lowell. Not phoned the courts as they had closed by the time I got home from work and received the letter.

 

So do I do nothing about payment until I receive information about the judgement from the courts?

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Better get the info by tomorrow as the 1st payment is due...you have had since 9th July to find out macker

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 OTHER

 

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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don't use DD use Standing order

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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