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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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keek

Setting aside a ccj - defence sent to wrong court

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7 hours ago, keek said:

Thanks for getting it back on track.   Could you advise on what to expect?

Is this hearing just to get it set aside then I would attend again to defend the claim?Or will all of it be dealt with there and then. 

Many thanks again just want to make sure I’m prepared. 

 

Well it depends on a few variants......

 

Assuming he allows the set a side and If she does not turn up to the hearing he may deal with it in one hit...so have your defence and all paperwork (and your costs in defending the matter and making an application) ready and to hand, he could dismiss the claim there and then...and award you costs.

 

if she does turn up and the set a side is allowed ....he may still try to sort it there and then...assuming she is prepared with her paperwork and has submitted a statement in objection to the set a side.

 

Its down to court resources and if they have time.....if not the claim will them move to allocation...and you will be notified of the trial date and directions on how prepare.

So...down to the court and judge.

 

Andy


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Hi 

Another update 

I attended court today and the judgement has been set aside. Thanks for the help! 

 

He said I will receive a letter to resubmit my defence but as I have already done this he said just to acknowledge it has already been sent . He also said there will be a small claims hearing and if I win the claiment must pay my costs. 

The claiment didn’t attend today. 

I update more when I have received the letter. 

Many thanks for your help getting it set aside. 

 

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Standard directions....check with the court on the 2nd Oct that  she has paid the hearing fee...if not the claim will be struck out.

 

If she has the trial goes ahead on the 30th October...and the directions you must follow and prepare for and file and serve are points...6 to 11 of the directions.

 

Witness statement and evidence (documents)  File and serve not less than 14 days pre 30th October

 

Andy

 

 

 

 


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Hi , got another update yesterday .

 

The claiment has sent me some paperwork .

It’s her claim again but written out as the judge required ,

 

Will this be the one used in court or the first one she sent ? 

it hasn’t come from the court it has come directly from her . 

 

It states she has sent evidence and photographs to the court but I haven’t got or seen any of it , all I have is 15 pages of ranting and it’s really hard to read as it’s handwritten.

 

Should I also receive all evidence she plans to use at the hearing ?

She has got the electrical man to sign and date his letter but he hasn’t written “I believe this statement to be true” at the end.

 

Does she have to ask for permission to use an expert as a witness? 

 

Also she is claiming for the court fees even though she sent it to the wrong address to begin with. 

 

She is claiming for £40 in photos which I haven’t seen and £70 in postage costs. 

 

She is also claiming for high court enforcement of £150 and £350 in court fees , if it has been set aside how can she claim? 

 

She says she hasn’t taken litigation or threatened court action to any cctv company’s and has sent evidence to court , again I have not got this or seen it . And she told me numerous times she had taken the big company to court and won. 

 

She has sent a me witness statement from her local councillor on council letter headed paper . This is new I’ve not received this before yesterday . 

 

In text messages I received on the 20th sept the claiment says

 

“ councillor S**** my friend came last night she said the same as me , the cameras are a lot clearer than the ones ***** put in.” 

 

In the witness statement from the councillor for court she says she visited the claiment in September 2018 and the images are

 

“blurred and fuzzy , you could not make out the images there was white orbs in the picture”

 

 

The claimant said the councillor will be attending the hearing. 

 Thanks for reading any advice is appreciated . 

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Hi Keek

 

I will run through all the above nonsense with you on Monday.

 

Andy

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As per the directions laid out within your upload s of post # 29 it specifically states what is required...a witness statement from each party and all the documents you wish to rely on.

 

Obviously she has not followed the directions or has trouble reading and interpreting what it directs.

Mr Councillor is not party to the claim so has no involvement nor can his statement be used.

 

Point 13 states that no permission is granted for expert witnesses unless requested on receipt of the directions.


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Posted (edited)

Thanks Andy, 

Thats what I thought thanks for confirming. 

Should I give a reply to the letter I received the other day? I’m not even sure what it is if I’m honest it’s just headed “lies” theres no points to it ,  it’s just repetitive ranting. 

And Do I need to inform the court I haven’t received her evidence and that she wants to use the councillor as a witness or do I just sit tight until the hearing?

 

It says in the directions the claim will be struck out if the claimant hasn’t filed a properly completed application by the 2nd Oct. 

As it’s not been written out correctly and I have not received her evidence Could it be struck out altogether? 

 

 

Thank you 

Edited by keek

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Probably not relevant but just looked up the councillor on Facebook seems she is friends with the man who has done the inspection report on the cctv system I fitted . Had an idea that the report he did was fishy! 

Just makes me so angry 😡 

 

 

 

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No you dont respond...its irrelevant and not what the court directed.

It isn't time for her to serve you any evidence on you yet or you on her .....must be done by 15th Oct.

 

It states the claim will be struck out if the claimant does not pay the hearing fee...see below.

 

This is what you have to do now......wait for the 2nd October and at 3.55 ring the court and check she has paid the hearing fee of £80.00. (Point 2 of the directions)

 

You must draft and serve a witness statement from yourself in support of your defence with evidence( Thats your disclosures) and this must be filed with the court and served on her no later than Tues 15th October (Point 9 & 10 of the directions)

 

Do everything by the book and on time as advised....she will lose herself along the way...if she fails to comply with the directions the claim will be struck out.


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Hi

Just to update , telephoned the court this afternoon and all the fees have been paid but

I’ve had no correspondence since the letter I received on the 19th August. No evidence , photographs or anything. Although she does state in that letter the court has all of this?

Im just confused why I haven’t got it and how I am supposed to reply. 

 

Should I just reply to the response pack I originally received ? And forget about the letter she sent on the 19th August ? 

Many thanks 

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And you wont get anything yet your not due to exchange evidence and statement until 15th October ?

If you dont receive yours by the 15th inform the court.

 

Did you not read my post #36 ?


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Hi Andy 

thank you for the reply . 

Yes I read your post ... so do I just resubmit my defence from the original claim? 

She has just thrown me off abit with the second lot of paperwork she sent on the 19th August . Going of the letter I think thats her evidence as She apologises to the judge for filing the 1st one incorrectly even though this one isn’t correct either , and there are the added witness statements and receipts I never got with the first one. 

Apologies if I’m asking repetitive or obvious questions your help and time is much appreciated , thank you 

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so do I just resubmit my defence from the original claim? 

 

No .....you are submitting a witness statement with evidence (Documents/disclosures) from yourself.....completely different to a defence.

 

Have a look at some examples for content and layout on various threads.

 

Andy

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Hi 

received this note today with some photos of txt messages from the claimant .

 

There’s no claim number on any of what she has sent ?

 

 Do I take this into account and reply or just ignore it for now?  

 

Is this her witness statement along with the other letters she sent in August after we had it set aside?  

 

I’m sooooo confused 😐 

 

IMG_8087.jpg

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Have aread of the directions again (PDF 2 Post #29) number 10 on how a witness statement should be prepared and laid out complete with a statement of truth.....the above is none compliant and IMHO is inadmissible...which you should make reference to in your statement.

 

However gather everything she has sent to you and try to put it into something of chronological order.

 

Andy


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Thank you for the quick reply , yes I have read them  I’ve uploaded the first page of my witness statement  just a draft , I’ve tried to keep it all in chronological order and only facts and stick to 1 point per paragraph. 

 

I’ve started to sort the claimants paperwork but it’s all over the place , no order to any of it . 

Suppose that’s a good thing for me though! 

Would I reference the non compliance at the beginning of my statement? 

 

 

 

2019-10-08_125201.pdf

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At the beginning and a general synopsis of how the claimant has conducted herself through out this claim.

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Hello , Another update .... 

 

I filed the witness statement with court and the claimant on 14th October as requested on the directions.

 

Today I got some more documents from the claimant tilted “reply to witness statement “ and dated 18th October , 

 It’s contradictory from the other documents she has sent me over the last few months and the “story” changes in certain places from the previous documents .

 

Again she states she has sent evidence to court but I haven’t received it.

She says she’s had numerous conversations with the court and they are aware of the evidence. 

 

She also says the councillor will be attending the hearing as a witness, is she allowed?

 

Also  just Wanted to check that I don’t need to reply to anything else and just wait for the Hearing on the 30th?

 

Just worried in case I miss something. 

Many thanks . 

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He cant attend unless the court has granted permission by a hearing...did she tick additional witness besides herself on her DQ ? 

Any evidence not served on you cant be relied or used in court.

 

You dont file and serve a Reply to Witness Statement ...only her first one will be allowed.

 

Nothing for you to do except attend the hearing...you can work out out all your costs dealing with this claim and get a figure ready.

 

Andy

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Hi Andy 

If DQ is directions questionnaire then she has not sent one? 

The only documents I’ve had are handwritten ranting other than the original claim still

addressed to my work that came from Salford court plus a few dodgy photos that have clearly been messed with. 

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Parties are told on the DQ and expected to file and serve on each other......Ring your court and tell them she has not served you her copy and you want to know how many witness,s she stated at D3 and has she informed the court she intends to call a further witness?


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Thanks for your time Andy .

should I have sent a DQ ? I’ve just looked them up. I’ve not seen one before now?  I didn’t send one with my witness statement. And I’ve not received one from the claimant. 

 

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Correct...this was a default judgment set a side...some courts dispense with the need for DQs and just issue Directions.So she definitely wont be allowed to call a witness.

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