LOWELL claim form - old provident doorstep loan poss SB'd ***Claim Discontinued***

[AndyOrch]

I assume that was the n157 Notice of Allocation then.....it should contain the directions/dates/ you must submit your statement by.

[Nibbles83]

hello Andy

i've attached what i have gotten from the courts .

one is from the court business center and the general form of judgement / order is from my own county court .

i dont see anything with N157 on it .

Thanks Nibbles

 

 

2019-05-22 GFoJoO claimant to reply to defence by 2019-06-07.pdf

2019-04-17 Notice of Transfer (1).pdf

[AndyOrch]

Thats okay you have  not received the N157 Notice of Allocation yet...that will be next and will give you the directions and dates you have to file and serve statements and disclosures by.

[dx100uk]

no we didn't say that nibbles

[Peterbard]

regarding the assertion that just letting the loan run  its course, permits an action in court without a default notice. Not true.

 

Letting an account run its term is not a default, the action must be brought on breach.

 

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,—

 

It is not true that the notice is not needed when there is no option for remedy.

 

(c)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.,ie the term has expired.

 

In this case 

It applies when no remedy by paying arrears is possible.

 

In this case because the agreement expired, it gives the debtor chance to pay before proceedings.

[Nibbles83]

G'Morning Andy & Dx100uk,

hope both are well ?

I've attached the PDF from the court .

Sorry i haven't been as active as i would like .

Andy you're help would be muchly apricated in regards to helping me with my witness statement.

Also what other documents would i be sending with it ?

just so i could start getting it together . as due to medication ect ,tasks of late seem to take there toll on me, & will try and help me stay calm if i'm ahead of what needs doing .

not sure if I've missed anything out this morning, if i have i'll apologise now as you can imagen i'm very drained & tired.

thank you ever so much

Nibbles .

 

 

 

2019-06-11 Court NOA 2019-09-06 12n hearing dste.pdf

[AndyOrch]

Hi Nibbles

 

Well Sept appears to be a long way off now.....but no harm in getting in front and looking at other statements in similar threads.

 

So by Friday 23rd August (14 days pre 6th Sept) you must file and serve a copy of your statement in support of your defence and attach any evidence you rely on or refer to within said defence/statement.

 

It always easier to draft a statement once in receipt of the claimants who should serve you same...unfortunately they tend to leave it too late or serve after the date or in some cases not even file at all.So on that basis its handy to be ahead and have at least some kind of skeleton statement prepared on the off chance you dont get served or served late you can quickly edit and adapt it.

 

Andy

[Nibbles83]

Good Morning Andy & Dx100uk,

i have received a letter from Lowell's solicitor's .

They state that their client have instructed them to discontinue the claim & to return the account back to their client Lowell.

I rang the court , the court said that Lowell's rang the court this morning to see if the court have received the notice of discontinuance , The court informed them they had not & Lowell's solicitor stated to the court that they would again send it today. 

i asked the court would i receive anything from the court in regards to this  & he said no just from the claimant.

 I'm not sure why Lowell's have pulled back on this . makes me wonder what they are up to .

i have attached the pdf's for you guys to see .

Look forward to seeing your responses .

Thanks Nibbles .

 

2019-07-19 Lowell NOD N279.pdf

[AndyOrch]

Good morning Nibbles.

 

Im sure that has made your day 

 

Thread title amended to reflect the outcome.....well done.

 

Andy

[Nibbles83]

Hey Andy ,

 

sorry for a late reply , yes it did lol, tho i had spent sometime looking at witness statements  to help with mine . Lol

 

also just to update , I've received a letter from lowell's letting me know they have zeroed the 5k and nothing is oweing now LOL

they are to funny . once i get a min ill up load it .

 

hope everyone is well .

 

Thanks Nibbles .