Lowell Claimform - AA RBS Credit Card

[Les77]

Is my witness statement the next plan of action?

[dx100uk]

most probably yes.

 

tease out useful info from that sar to your advantage..

but the major thrust will be no dn

no statement of account? [proof of how the balance accrued]

not the correct t&c's

[Les77]

I’ve had a copy of the Directions Questionnaire from Lowell Solictors on Monday informing me I’ll receive the same shortly from the court. Their letter is dated the 17th and I’ve not received anything yet, should I just wait for it to arrive or chase the court?

[dx100uk]

you can but can equally get the form from our legal section of the library

[Les77]

I've finally received the N180 !!

 

Is it 'yes' to the case being referred to the small claims mediation service and 'yes' the small claims track is the appropriate track for this case?

 

Thanks

[dx100uk]

yep

1 wit you.

copy to sols minus sig/phone/email

[Les77]

Thanks DX

[jon8214]

yes it is to both

[Les77]

I’ve not received / heard nothing since my last post... is this normal? Thanks

[dx100uk]

go check mcol

[Les77]

Checked and this is what I see...

 

“A claim was issued against you on 07/03/2018

Your acknowledgment of service was submitted on 13/03/2018 at 23:40:50

Your acknowledgment of service was received on 14/03/2018 at 08:02:09

Your defence was submitted on 06/04/2018 at 00:26:40

Your defence was received on 06/04/2018 at 08:02:52

DQ sent to you on 01/05/2018

DQ filed by claimant on 01/05/2018

You filed a DQ on 14/05/2018”

 

Do I just play the waiting game?

[dx100uk]

its unusual for 4mts wait for mediation to contact.

typically this comes by email if you gave the court your email ad

not harming you mind

[EssCee]

Looks like the court or smc have dropped the ball and the case has fallen into a black hole.

 

 

Having caught up with the thread, given that OP confirms at post 3 that he received the NOA and Default Notice, it is surprising that this was not picked up by members reviewing the defence. Notwithstanding the obvious issue of misleading the Court (lets hope that cant be demonstrated by the Claimant - Les did you respond or have any contact with the original creditor regarding receipt of the Default Notice or with the Claimant about Notice of Assignment? if you did then if the Claimant produces it, at best, your credibility as a witness is going to take a beating.

 

 

Notwithstanding, if you received it, we know it exists and if it existed then, whilst it may take time to produce it or may need to be reconstituted it is highly likely that either a copy or a reconstitution will be available. As to reconstituted document they are not on their own of evidential value but if they are backed up by compute records confirming the details that is a very different story and the Judge would likely prefer that evidence to "I didn't receive a default notice sir", particularly given (a) that appears to be false and (b) the test is service and not receipt (see S176 Consumer Credit Act 1974).

 

 

Also, a default notice is only a pre-requisite where there is accelerated recovery, so the statement above that a lack of a default notice is fatal to the claim is not strictly correct as it is a statutory bar that only applies where the statute says it does. If the full balance is in arrears due to non payment then they could argue that S87 does not bite (that's the point I lost on a few years back, it was found that no default notice was served (so I thought happy days this is in the bag but the judge reserved judgment on the point of whether s87 applied to consider it further and came down on the side of the debt purchaser, he also mentioned woodchester v Swayne and said that even if S87 did bite he would grant judgment for the arrears as there is no bar to this)

 

 

It looks to me as though S78 defence may be your best defence if there has not been full compliance as yet but bear in mind that as confirmed in the Carey decision the creditor can satisfy that by provision of reconstituted documents and that in fact they are only required to give you "true copies" of your agreement, the original terms and conditions, a copy of the terms and conditions as varied and a statement of conduct of the account (this is not necessarily a statement of account). Also the creditor can give a compliant s78 reply on the morning of the trial and that's you sunk, you could argue that there should be no costs or interest on the basis of the conduct but the judge is going to give judgment for the principal debt in all likelihood.

[Les77]

Post 3 was in error as I’ve never received a default notice. I couldn’t find it in my SAR either. I did request a copy from the claimant but nothing has been received so far...

[dx100uk]

is it mentioned in the comms/account log of the sar

they don't have to send a copy in the sar return

only note one was sent.

[Les77]

I’ll dig it out tomorrow and have another look. Is there a time frame to all of this or can Lowell continue when they feel like it?

[dx100uk]

just remember it doesn't matter what you hold, its purely information to help YOU ..schhh...secret squirrel ..

 

at present the claim is still active and awaiting allocation from your nominated court I think

why not ring them and ask what is going on

[Les77]

I've now received the NOA!

 

I presume I now contact the mediation service?

I've also received a letter from Lowell inviting me to contact them and make settlement proposals.

 

Not sure whether or not I should just contact them and see if they'll accept a small amount each month?

because as one poster mentions if they produce a Default notice (which I've still not had) in court I'm pretty much doomed!

I've attached a copy of the NOA and a copy of the letter from Lowell.

 

Any advice would be gratefully received - thanks

Lowell2019.pdf

Edited January 20, 2019 by dx100uk
spacing

[dx100uk]

pes i'd do nothing as ring the court a few days latter and see if they've paid the required fee to the court !!

 

their letter says Lloyds banking group, then goes on to say capital one...

what are these muppets going on about...their POC states this is an RBS credit card!!

 

no need for you to respond to anything IMHO .

 

did you ever get your N180 from the COURT?

[Les77]

I forgot to mention that lol - No I don't think so, if I had I would have posted it on here...

 

what is this fee? I can see there's £335 that has to be paid by the claimant by 19th March?

[dx100uk]

id like andyorch to clarify

but I think theres a bit missing from that order..

 

as to me it doesn't look like YOU the defendant have been told to do anything

I suspect like the claimant though you have file a witness statement by the 11th febuary?

[AndyOrch]

Standard Directions N157...you must file and serve a witness statement with disclosures by the date stated.

[Les77]

Thanks Andyorch.

 

Do you think I have a chance of winning this or should I accept defeat and offer them some sort of a payment plan?

[AndyOrch]

Chrystal ball is in for service at the moment Les...the fee is the hearing fee for the claimant to continue which must be paid by the date stated.If they pay the fee and follow directions then there a good chance its proceeding to trial.

 

But its little early for you to start buckling yet.

[dx100uk]

no default notice has been fatal for lowells in the past.

 

dx