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Lowell vs me. Catalogue. Help please :(

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  • #31
    Something im not happy about, if the case, they can pull out last minute and get a refund of their fee canít they? Who refunds me for loss of earnings. Can I not put in a counter claim in the event they pull out?

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    • #32
      I have actually just had a call off the wife saying we have received a letter off Lowell. They have sent the copy of the online agreement, statement of account, reconstituted notice if assignment and a screenshot of their clients system showing when the default notice was sent.

      1: Shouldnít this have all been sent ages ago and therefore a case canít be held against me?

      2: A screengrab just shows the wording section 87 default notice sent (no proof that it has, I certainly never got anything at all)

      3: They say it isnít statute barred. They say ďyou allege that you believe the agreement is statute barred pursuant to s5 limitation act 1980. The claimant submits that the initial cause of action accrues on the expiry of the s 87 default notice which was sent on the (under 6yrs ago).Ē

      4: I canít remember this AT ALL (thatís even if it is real)

      Everywhere I read about statute barred it says 6yrs from the last payment or acknowledgement. They are stating itís from the default notice. I mentioned the statute barred in my defence ASWELL as asking for proof. I donít believe this is real and have no recollection whatsoever of this debt but wanted to put the statute barred in as it is isnít it anyway??


      Help!!

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      • #33
        When you have a look at the documents that have come through, if it's the usual catalogue, then there will be purchases in the 3 years before the default, so that might jog a memory, or confirm this is definately not your account. They are online signed tick box accounts so it could be a case of ID theft but until you have a look at these documents you're not going to know.

        Guessing the default date was something like 3/4 months after that last payment - as I recall they were quite close with the last payment date in anycase so arguing the default date ( which has succeeded a few times in court now sadly ) might bring it in time.

        Have a look at the documents and see what you think after that. If it is NOT your account and you still don't recognise it you can put that in your submissions to court.

        ( btw if they pull out they don't get their court or hearing fee back )
        Common Sense .... if in doubt, use it !

        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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        • #34
          Hi,

          Thanks for the reply.

          They havent provided the default warning letter, the default letter, and the screenshot could be made up on photoshop. Everywhere online says itís 6yrs from last acknowledgment. How could I find out this for certain?

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          • #35
            Originally posted by Immortal View Post
            Hi,

            Thanks for the reply.

            They havent provided the default warning letter, the default letter, and the screenshot could be made up on photoshop. Everywhere online says itís 6yrs from last acknowledgment. How could I find out this for certain?
            Lowell are not going to manufacture a screenshot & if you are that bothered about it then ask for the digital copy to be sent via email. Personally I wouldn't mention that in court or in a defence/witness statement.

            You will look like you are desperately clutching at straws.

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            • #36
              Any advice on my line of defence then?

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              • #37
                Originally posted by Immortal View Post
                Any advice on my line of defence then?

                Do you feel you owe the money or not?

                If not why do you feel you do not owe the money?

                Have they sent you the docs requested?

                Is the debt statute barred?

                Within answering the above lies the answer to your defence.

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                • #38
                  If the form that I sent is correct then no they havenít sent me the requested docs. It says default warning letter and default letter. I know many people try it on but I genuinely cannot remember this at all. Therefore I donít feel I owe this. I just worry that a judge wonít stick to the law, based on that letter (if correct)

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                  • #39
                    That is your defence in that case. Did you recognise any of the purchases listed on the statement of account ? ( should be on left hand side of that sheet, under purchase in last 3 years )
                    Common Sense .... if in doubt, use it !

                    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                    Comment


                    • #40
                      Hi,
                      The statement doesnít show anything in the last 3yrs.

                      Attached Files

                      Comment


                      • #41
                        Oh well that's not very informative.

                        When do they say the account was opened and defaulted ?

                        Also, those two payments in from 'Bank' do they tally up with your bank statements of same dates?
                        Common Sense .... if in doubt, use it !

                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #42
                          I donít have bank statements going that far back. They claim it was opened early dec 2011 and defaulted June 2012. Thatís over 6 months since the opening and the payments stopped they say. Donít they have to send it in 3 months? If so then surely the statute barred is correct as companies could wait 5yrs 364 days and then send the default therefore giving them nearly 12 years instead of the 6yrs it says?

                          Also they state that the deed of assignment is a commercially sensitive document and I am not at liberty to see it.

                          Comment

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