Jump to content


  • Tweets

  • Posts

    • Thanks dx, will do this tomorrow morning when I have access to a pc (find it easier and quicker than my mobile). Just having a good old read through similar threads atm. Wow some of this jargon is hard to take in 😳.  Thank you for your support x
    • please complete this:   and scan up bothsides of your NTK read upload carefully PDF only please!!   safe to ignore powerless DCA's they are not bailiffs  
    • yes ring the court and get it moved directions might stay the same though for fee/WS exchange mind.   dx   dx  
    • Driver entered car park run by CEL Ltd . Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods a couple of miles away .   I have a copy of a collection of goods note with an approximate time on it   Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning    ANPR cameras registered first entry and last exit    Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere !   Been to site itself . No signs at entrance . When entering from main road nothing !   Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left .   After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that !   This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt    The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness   The pack of lozenges cost £185 !   Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimida ted . Very stressful ! Any  advice please ? I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
  • Our picks

Les77

Lowell Claimform - AA RBS Credit Card

style="text-align:center;"> Please note that this topic has not had any new posts for the last 289 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Is my witness statement the next plan of action?

Share this post


Link to post
Share on other sites

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


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 

 

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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


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 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

yep

1 wit you.

copy to sols minus sig/phone/email


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 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

go check mcol


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 

 

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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


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 

 

Share this post


Link to post
Share on other sites

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.


My posts are opinion only, I am not legally qualified and do not offer my comments as advice, nor should my comments be taken as advice. If you seek legal advice, approach a suitably qualified legal representative.

Share this post


Link to post
Share on other sites

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...

Share this post


Link to post
Share on other sites

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.


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 

 

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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


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 

 

Share this post


Link to post
Share on other sites

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 by dx100uk
spacing

Share this post


Link to post
Share on other sites

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?


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 

 

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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?


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 

 

Share this post


Link to post
Share on other sites

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


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

 

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

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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.


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

 

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

Share this post


Link to post
Share on other sites

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

 

dx


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 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...