Lowell PAPLOC Now Claimform - Old Vanquis Credit Card ***Settled by Tomlin Order***

[Mdg123]

Not yet but have checked MCOL and the status has been updated to reflect the claimant has filed the DQ's yesterday so just waiting on the post. Probably get tomorrow.

 

Have prepared mine with the help of the following link ready to send off.

 

Now just getting ready with formalising my witness statement!!

[Mdg123]

Afternoon all,

 

Received the N180 and have to file it by the 6th April.

 

Trying to use the editable N180 from the Andys forum post here....

 

 

When i click the link in the post it says:

 

403 - Forbidden: Access is denied

You do not have permission to view this directory or page using the credentials that you supplied.

 

Have tried logging out and back in to the forums with no luck can anyone suggest where else i could find the editable N180 or could someone maybe send it to me?

 

Thanks,

 

MDG

[dx100uk]

you mean the .gov.uk link in the above thread doesn't work?

 

https://www.moneyclaimsuk.co.uk/PDFForms/N180.pdf

 

dx

 

[AndyOrch]

Works fine for me.....

 

https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track

[Mdg123]

Thanks gents. Dx that link doesn't work for me but the new one supplied by Andy does  

[Mdg123]

Just in case it happens to anyone else i couldn't get the link to work from Andys post in the forum because i was using a VPN! Ooops 

 

Also just had a quick question. Is there any significance that Lowells N180 has put 0 for amount of witnesses? Do they not intend to have someone attend the hearing? 

[dx100uk]

As they always do if you read a few lowell claimform threads already here...

[AndyOrch]

A claimant does not require a witness to its claim unless it's an independent expert witness.....counsel presenting the case are not regarded as witnesses to the claim

[Mdg123]

Hi Caggers,

 

Heart in mouth moment! Just got an email through for a teams meeting tomorrow for a hearing at the combined courts....

 

With regards to the thread of this post last year in April i did the mediation which didn't work out as expected and then all went quiet on the western front.

 

I moved house about 6 months ago and i updated all of my creditors but didn't think like an absolute imbecile to do the same for the court. 

 

I haven't prepared a witness statement, nothing! If this email hadn't of come through i wouldn't of had a clue this hearing was even due to take place. I feel like a right numpty!

 

Is there anything at all i can do at this point?

[dx100uk]

put the email up

this doesn't seem correct to me.

 

dx

 

[Mdg123]

Good afternoon

 

Please find below the Microsoft Teams link for your hearing listed at the Weymouth Combined Court, 18^th May 2022 at 2:30pm.

 

To join the hearing, hover your cursor over the link below, press the control (ctrl) button on your keyboard and click the left-hand button on your mouse.

 

Microsoft Teams Link:

 

 

Kind regards

 

Miss Caroline Marshall

 

Tribunal Clerk, CVP Administrator, Digital Support Officer, CFT Administration Officer

 

Weymouth Combined Court | HMCTS | The Law Courts, Westwey Road | Weymouth | DT4 8BS

Phone: 01305 752516 Mobile: 07889 410444  

gov.uk/hmcts

 

[dx100uk]

Did you update the claimant or their sols?.

 

Dx

[Mdg123]

Just checked my proof of posting to be sure but it was just the claimant and not the sols...

[dx100uk]

That's good enough 

 

The claimant failed to send you a copy of their ws.

 

Tell the judge you want to adjourn as you knew nothing about the hearing 

 

Dx

 

 

[Mdg123]

Ahh Dx you hero! Thanks so much for putting my mind at ease. I thought this might be the case but just wanted to be prepared in case.

 

I'll join the meeting tomorrow, produce proof that i have informed them of my change of address and never received their WS and ask for an adjournment to prepare properly.

 

Any other thoughts about what i might need to do to be prepared or just go with this trail of thought?

 

Thanks a million as always!

[AndyOrch]

All the directions on how to prepare are in your Notice of Allocation N157 which probably went to your previous address.... you have not served your WS on the claimant or the court either...and their statement is most probably at your previous address.

 

The claimant is not responsible for updating the court with your new address...thats the defendants responsibility. 

 

Very unlikely you will get an adjournment...but very likely they will get judgment. 

[Mdg123]

Oh 

 

Is there anything i can do given this predicament?

[AndyOrch]

Be honest with the judge at the very first chance you are allowed to speak and explain that as an oversight you have failed to update the court with your change of address. You have therefore not received your Notice of Allocation N157 and therefore not complied with the courts directions ( failed to file and serve a witness statement with evidence) 

 

You had informed the claimant's of the change of address and as a litigant in person thought that they would inform the court...play dumb be humble and respectfully request that you are allowed an adjournment and be reserved with the NOA.

 

He will view what he has so far and the claimants statement (not yours) and consider the points....he may give you the benefit of the doubt.......................or not.

 

Andy.

 

 

.

[AndyOrch]

Add.....and even though the claimant was aware of your change of address they still failed  to serve their witness statement on your new address.

[Mdg123]

Thank you Andyorch, as ever your advice is very much appreciated. Lets hope my humbleness and ignorance of the law has an impact on the judge  

[dx100uk]

On 06/01/2021 at 01:06, dx100uk said:

the DN is compliant

 

the supposed online sign-up CCA return, is nothing more than some office junior getting a blank set of the relevant T&C for time of sign up from here on CAG or lowells filing cabinet . they should should have your name and address in the 1st few lines..

 

they don't bogroll!!

 

as usual there only appears to be a separate copy and paste to the last page of some sort of recortd of sign-up sticker?

 

with a sign up at 01:47AM on a wednesday...really lowells..

.i can see you losing yet another vanquis claim here if you raise one.

 

the rest is immaterial bogroll 

though there looks to be ROP (PPI) every month and probably lots of £12 penalty charges to reclaim but i cant see them making +£2700....

 

 

i also point you to the above and the line in your defence should the judge not let you adjourn.

 

 

[dx100uk]

5 hours ago, Mdg123 said:

i did the mediation which didn't work out as expected

 

expand please 

 

 

[Mdg123]

i explained to the mediator that i have nevr had a credit card above the initial 1.5k credit limit and that was my whole problem with this case

 

[dx100uk]

but you had not received enough correct paperwork to enter into mediation on the day.?

you should have refused stating thus.

 

stating you had a card but never one above a £1.5K limit was a bit silly and not the only problem with regard to denying the claim, 

[Mdg123]

Is it worth me settling this with the DCA before the hearing this afternoon? Given it's a coin flip that i'll even get an adjournment and even if i do it's also then a coin flip as to whether the judge will accept my evidence once i've put my WS together.

 

If so do i just contact the DCA before court to work this out? I really can't afford to get a CCJ at this point!