Lowell claim form - old studio debt***Claim Discontinued***

[AndyOrch]

Upload redacted copies for opinions.

[bloodline67]

Email attached 

210692414- Statement.pdf

 

Sorry missed one Email attached 

 

246318855 3.pdf

[AndyOrch]

Thats all they have and what their claim is based on ?  No agreement no default notice ?

[bloodline67]

Sorry forgot the agreement 

210692414-agreement.pdf

 

So the second letter in the second attachment isn’t a default notice?

 

Just wondering what I should say when the mediator phones back?

[AndyOrch]

No its not a default notice.....its a Notice of Assignment ....1 from the OC and 1 from the debt buyer (lowell)

[bloodline67]

Sorry to be a pain keep asking questions, but does that’s make a difference?

Also do they have to send the default notice to me?

 

If they should have sent it or don’t have it does that also mean they can’t enforce the debt?

 

once again thanks for your time Andy 

[AndyOrch]

You need to get up to speed on the Credit Consumer Act 1974.

 

Section 87 (1)

 

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

 

(a)to terminate the agreement, or

(b)to demand earlier payment of any sum, or

(c)to recover possession of any goods or land, or

(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)to enforce any security.

 

https://www.legislation.gov.uk/ukpga/1974/39/section/87

[bloodline67]

Cheers Andy, Do I need to say that to the mediator or do I keep that bit of info to myself? 

[AndyOrch]

Its up to you.....mediation has no interest in law or legislation...they simply act as a go between to narrow the differences and hopefully get parties to agree an amicable solution without the need for the claim to progress to allocation.

[bloodline67]

Cheers Andy, just got off the phone to the mediator and told them I couldn’t proceed with the mediation as I wasn’t happy with some of the information provided and as I had only just received the information today I needed more time to get some legal advice.

So time will tell what Lowell wants to do, just hope I’ve made the right decisions.

[AndyOrch]

Sounds like a plan.

[bloodline67]

Well Lowell’s have decided to proceed with the small claims as I’ve now had a court letter informing me the case is to be heard at the beginning of August unless the claimant pays the court fees by the 11th July.

 

Ive read through the letter a couple of times now but am unsure what I need to do next, it mentions a witness statement, do I need to do one now or do I wait until Lowell’s send me the required documentation in case they’re different to the ones they emailed me?

 

Any advice would be helpful as the last thing I want is a CCJ.

[dx100uk]

we no its not lowells deciding to go fwd.. they send back their DQ ages ago.

its the natural next step in the courts own process as mediation failed, as it always does in these speculative claim case

now the important bit is if lowells pay the fee - who blinks first.

 

ideally you should await lowells WS.

you don't have to exchange them till/by 14 days before the hearing date

 

there are lots of CAT debt or no default witness statements here already 

[bloodline67]

Thanks for the reply dx

[bloodline67]

I’ve now had a letter from Lowell’s solicitors offering me the option to settle by way of a Tomlin Order which I need to reply to in seven days or else they’ll pay for the court hearing.

Any advice?

[dx100uk]

std letter if you'd been reading around during your 'downtime'

[bloodline67]

45 minutes ago, dx100uk said:

std letter if you'd been reading around during your 'downtime'

 

Thanks for the reply dx, I was just hoping for some individual advice 

[dx100uk]

just type no need to hit reply with quote everytime please

 

you don't need individual help at this stage.

we cant be wasting our time on silly questions that are simply self answered by YOU doing your bit which is:

during your downtime between the stages to selfhelp yourself and get reading up.

others need our help with more pressing matters.

 

just about every recent Lowell claimform thread has the self same letter with replies with advice already

 

I hark you back to my blinking comment before...

 

 

[bloodline67]

Thanks for nothing dx, I’ve questioned your attitude before and to be honest it is unhelpful and sometimes down right rude.

I thought this forum was for helping people but obviously I was wrong.

 

For someone with mental health issues, such as myself, asking for help can be the hardest thing to do, as can trawling through what seems like hundreds of posts trying to find the answers.

 

I have no idea what to do so I’m going to give up and just pay.

[AndyOrch]

2 hours ago, bloodline67 said:

I’ve now had a letter from Lowell’s solicitors offering me the option to settle by way of a Tomlin Order which I need to reply to in seven days or else they’ll pay for the court hearing.

Any advice?

 

The Tomlin Order will be an option up to the day of the hearing so dont let this 7 days pressure knock you off course.

In your post#62 you refer to a letter and hearing date and that the claimant must pay the hearing fee by the 11th July.

 

This letter is  called the Notice of Allocation and contains the dates and directions what each party must prepare and submit and by what date,Both parties must submit a statement of case and disclosures on which their claim/defence relies on.There should be dates when you must prepare this by.

 

Check with the court on the the 11th July. and see if they have paid the hearing fee...this is a good signal of whether they intend to proceed.

Check your notice of allocation for the dates you must file and serve your statement and disclosures by.

 

Andy

[bloodline67]

Thank you so much for your reply Andy I really appreciate it.

As the court is fast approaching I’m finding it increasingly stressful and difficult to concentrate trying to find the answers hence why I asked for help.

I hate being this way and asking for help but I feel like I’m in over my head.

 

I feel like I have a little bit of breathing space now knowing that it’s not just seven days.

I wanted to wait and see what documents they were going to send to see if they were the same as the ones they emailed me, then I can decide if going to court is the right thing, what do you think?

once again thank you for your reply

[AndyOrch]

Dont throw in the towel just yet...its only just getting to the interesting part.

 

If they are relying on what they have already emailed...then they are going to require a Judge with no interest in legislation.

 

So check with the court on the 11th July to see if hearing fee paid.

Check your NOA and start to prep your statement and work out the date you have to submit by.

[dx100uk]

its exactly why they send these letters b67.

that's why its so important to read other claimform threads

 

you'll then see what you are going to go thru and already know these things are nothing special to 'you alone'

sort of blows the wind out of their sails before they ever put them up when you've seen the same letters several times already before.

 

even if you think its not what is happening ..i will use any tool in my toolbox to enable you and prepared you to fight your corner

we cant be there on the day beside you but we can darn well toughen you up on what to expect if you don't stand up to them.

and that's easy!!

 

 

[jotty]

14 hours ago, bloodline67 said:

Thanks for nothing dx, I’ve questioned your attitude before and to be honest it is unhelpful and sometimes down right rude.

I thought this forum was for helping people but obviously I was wrong.

 

For someone with mental health issues, such as myself, asking for help can be the hardest thing to do, as can trawling through what seems like hundreds of posts trying to find the answers.

 

I have no idea what to do so I’m going to give up and just pay.

Please please don't throw in the towel, just follow the excellent advice on here. In defence of DX he (or she) is very very clued up and always finds time to give advice but I am sure like us all he gets frustrated with it all. Just read through the tone and pay attention to the detail is my advice. There are more of us each day who where like you once, and now we fear no one especially tin pot debt collectors because of people like DX and Andy etc.

[bloodline67]

Just a quick update, finally got through to the court and they have confirmed that Lowell’s have paid the court fees.