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    • I know it was over a year ago, but can you remember what you purchased and the name of the shop?  Even if you paid by cash, purchases can still be tracked down. 
    • It's been a while since I had my head in this subject area, but Carey v HSBC was based on determining what the creditor could do to fulfill their obligations when issued with a s.77/78 request by the debtor. It determined that a reconstituted agreement would satisfy the request, so long as it was a true copy. It does not mean the agreement is enforceable if put before the courts. The debtor could, if provided with a recon, decide to accept it and carry on as normal, or dispute it (and potentially withhold payments until the dispute is resolved - if ever).   You are in the position of disputing the recon as being properly executed (amongst other things), which is now at the stage of being put before the court to resolve. Your protection is s.127(3) of the CCA 1974 (repealed in April 2006), which states:   s.127 (3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).   The above is what makes a recon unenforceable in your case - but, you need to make a positive assertion to that effect. Whilst DX says Carey is not applicable, I think it's relevant. It explains the role of a recon in law, and it also explains what a properly executed credit agreement looks like, to the extent that could be declared enforceable by an order of the court. It also confirms that the creditor can continue to attempt collection of the debt, but they have no means of recourse through the courts. I would certainly be quoting Carey in support of an assertion that the claimant's recon is unenforceable, and s.127(3) prevents the court from making an enforcement order where s.61(1) was not complied with - as appears to be the case. You will need to spell it out for the court within your statement though. If the claimant is relying on their recon as evidence of their compliance of s.61(1)a then they fail comprehensively due to... (list the points) ...look up what the required prescribed terms are and list them as not being present (the text cannot be read, so they cannot be said to exist on the agreement), and also that all the terms are not contained within the one document (Carey case goes into this in some detail).   You can also throw in your other points relating to the balance and reference numbers, default notice, etc. Pull their case apart with as many arguments as you can. Explain why certain things are needed for the claim to succeed and how the claimant's case does not stack up on those points. Force the claimant to defeat your arguments with appropriate proof/evidence. Cast doubt in every direction you can, but properly support your arguments.   Hope this helps.
    • Am I right in thinking your brother is the keeper of the vehicle, and so VCS are suing him - but you were driving on the day?  In your first post you wrote "I received a PCN" but did you really mean your brother did?   if so, you can prepare the paperwork in his name if you want, and a decent defence later on will probably lead Simple Simon of VCS to wet himself and give in (if you look through the forum, there are very recent examples of this).   However, in the unlikely event that VCS go all the way to court, it will be your brother appearing, so it'd be a good idea if he too started to learn the legal procedure and how to beat these fleecers.
    • 100's of no stopping threads here  just use our search top right   get reading up.    
    • plenty of our two - five line generic defences here already   but you are far too early yet to bother about defence.   your job now is to get reading up any/all PCN claimform threads here in this very same forum get upto speed.    
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micheybabes

Lowell Claimform - two old old cat Debts

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as with most Lowell claimform cat debt threads here too...

 

 


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After reading through some threads even though I still haven't received the documents I requested back in August I still agree to go ahead with mediation and tell them this during the phonecall?

 

I'm starting a brand new job on Tuesday so will have to try and get time off for the appointment, the mediation could only offer me a Friday. 

 

I've got myself so worked up about this, I just want it over with now. 

 

Thank you again for all your advice I really do appreciate it 

 

Michelle 

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Aww best of luck hun, hope all goes well for you. I’m just beginning my journey with lowlife 😳.  

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have you not also read that...………..

 

if when it comes time for the actual mediation

they ask the same questions as on the N180 again

and if you've not received enough information to make a informed decision ...you say no??

 

hope you sent a N180 copy to Lowell sols too? 


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Oh so if micheybabes hasn’t received any paperwork she can refuse mediation? Excuse my ignorance but trying to understand the whole procedure dx

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then get reading up….

 

how can anyone mediate [negotiate a settlement - if they want too] when the claimant or their dogs have not sent anything giving any information relating to why they have raised the speculative court claim??


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Absolutely! Common sense really (which I sometimes lack)😬. Have been reading up, really interesting btw. So much legal jargon but I’m gonna get my head round it. Thanks dx

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20 hours ago, dx100uk said:

have you not also read that...………..

 

if when it comes time for the actual mediation

they ask the same questions as on the N180 again

and if you've not received enough information to make a informed decision ...you say no??

 

hope you sent a N180 copy to Lowell sols too? 

 

Yep I sent a copy to them also. Just seems strange saying yes to then say no, I'm not used to all this though. It definitely doesn't come naturally to me 😕🙂

Will arrange a date ASAP! 

 

Thank you again

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So much to think about 😳

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Entering into the spirit of mediation means giving them time too..

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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In the very first claim thread it mentions contacting the claimant is encouraged by the court etc.

 

I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴

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god no

that's the last thing you need to do at this stage.

 

they haven't even played their cards yet.

 

a dentist is far far worse than poss having to sit around a court table with a few people.

 

 


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OK thanks dx, just had a panic!!!!! 

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Mediation booked for Fri 6th Dec 😱 

Still not received any copies of cpr and cca from Lowell 🙄

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Nothing unusual there for a DCA

atleast you now k now what to say

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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

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Hello!! 

Am I right in thinking that if I've still not received any paperwork by the time mediation is set for next Fri that mediation will most probably fail? Or is it possible that paperwork could be emailed by Lowell during the appointment? 

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already answered post 58.

 

and no they can't, it's YOU that makes the decision of no to the mediation team, and I sincerely hope you've not given your email to lowells

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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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

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The CAG Interest Tutorial Read Here

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God no I haven't. Was just reading through some similar threads. 

Thank you 😊

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So a quick update.... 

Just finished mediation. Miraculously Lowells received 'some paperwork' from OC a few days ago but have not had chance to send it out. Was told total figures, last payment dated etc. I said I was unable to make an informed decision today based on that information so mediation failed. Lowells were happy to enter into a payment plan etc. 

Back to waiting from the courts as to the next step. 

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Thank you for the update. Was the mediation thing just done by way of a phone call?

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Well it will be

thats why its called the telephone mediation service!!

what a silly question!!


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 

 

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