** SORTED ** Lowell vs me. Catalogue. Help please :(

[Amethyst]

Did you get the SAR back from Littlewoods btw?

[Immortal]

Sorry yeah it says the following for witness statements...

You must prepare for the hearing by sending witness statements. Signed statements setting out the evidence (in other words the facts or matters which you will rely on at the hearing) of all witnesses (including you) on whom each party intends to rely must be prepared and copies included in the documents to be delivered by each party to the other [arty and to the court office.

Will take pics of the stuff I received from them and delete sensitive and identifying stuff from it later on.

Tried calling Littlewoods but was just told to deal with Lowell.

Thanks for the help

[Immortal]

The paperwork I had from them I have enclosed some pics of (hidden personal stuff).

For witness statements , basically I have to put a letter stating my defence? Any pointers as to what to include I would really appreciate.

Im thinking that something along these lines would suffice?..

1:Havent sent me a true copy of the default letter. Just a screen grab is no proof that one was sent.

2:Statute barred as they allege the date goes from the default notice , which is wrong. (any government website I could print off a document to back this up?)

3: They haven't sent me the deed of assignment as they claim I am not at liberty to see.

4: I don't recall this at all and don't have bank statements going that far back. Could this have been one in error?

5: The statement of account has nothing listed under the "goods ordered in last 3 years"

Do I have to write my defence in a legal way? Would a letter coming from me as a non legal person be ok in normal language?

If so then my witness statements will be that and include photocopies of this screenshot from them as proof I haven't had the copy of the original default letter? And then send that off to the court and them aswell as my drafted letter as I mentioned above?

Thanks

[Immortal]

In addition , this is what was sent to me from the court, that I commented on a few posts ago..

[GBExile]

Personally I cannot see you winning in court. They have supplied you with everything they need to. Unless I am missing something.

You are not entitled to see the deed of assignment as it details the debt purchase amount & they have supplied you with the notice of assignment.

Your legal argument will stand on whether the debt is time barred or not. They have produced further evidence to say it is not time barred. To say the screen shot of the account history is manufactured is totally ludicrous.

The rest of your argument stems on you not having your bank statements & not being in a position to defend yourself because of no bank statements. You will fail on that point for sure.

Your only hope of winning, as far as I can see, is disputing any transactions in 2011/2012. Which if you have a scan through your emails might solve the issue.

I just think you are clutching at straws & I believe the Judge will feel the same.

If you did the Subject Access Request (as previously mentioned) this would prove your transaction history for sure either way but that would be your only defence that you could actually argue the case.

[Immortal]

They haven’t sent me a copy of the default notice. A screenshot isn’t that. You’ve only commented twice on my post and both times been so negative and quite rude. I’ll try my chances and if I lose then hey ho.

[Kati]

Amethyst xx

[Amethyst]

Hi Immortal, just having a read back for you xxx

[Amethyst]

What date does this say under para 4 ? and when do you return from holiday ? Normally Witness Statements would be after the hearing fee has been paid ( as if it isn't the case could be struck out ) and that isn't due until the 18th June - then the bundle is by 11th July so presumably the documents will be between 18th June and 11th July ?




Are you still arguing this simply isn't your debt ? ( does the shop direct screenshot contain your address, is the agreement in your address at the time it was opened etc etc )

They've sent the agreement, evidence of a DN being sent in June2012 ( screenshot) and notice of assignment ?

There's no reason the SAR shouldn't come back with anything, did you send a formal request to Littlewoods and get a response in writing? If so take it to the ICO.

[Immortal]

Hi,

The date paragraph 4 is 15th June. I go on holiday on the 13th for a week so would have to send it tomorrow at the latest. They have to pay the hearing fee by the same day, 15th June.

It it does have my address on the shop direct but it’s an old address (I was living there at the time they claim I took this out). I genuinely do not remember this AT ALL and have no other debts. They have sent the notice of assignment and the agreement all on my name but the screenshot Just’s ay it was sent. I thought they had to show the default letter?

Also so the statement shows nothing listed under the items in past 3 years.

[Immortal]

Also I asked little woods and got nowhere. Spoke to a manager there and she said to deal with Lowell. I told them they couldn’t do the SAR and was told I was incorrect. The big thing I think that would hurt me is the statute barred as if it is from the last payment they claim I made, then it’s last 6yrs.

[Amethyst]

Yep the default notice was sent June 2012 and it is likely that would be taken as the cause of action date for statute barred.

What documents do you have to disclose and what will your argument be in your witness statement ??- so far it seems they have provided everything to evidence the debt and without any counter argument or evidence against it is likely they will come out on top. They will likely produce a template default notice in their bundle/documents/witness statement showing they do give the required 14 days and the screenshot is usually accepted by the court as evidence it was sent on that date.

You might be able to settle for a reduced amount paid by instalments if you negotiate now before they have to pay hearing fee and go through bundles/witness statements etc. this is an awkward stage where you're not really sure if they will proceed ( and it is quite a heavy order for a small claims track case ) so bit of a gamble whether you try to settle now or wait until after all documents are filed ( or possibility of them dropping out ) and potentially having to settle at a higher amount.

Unfortunately not remembering isn't going to work. Littlewoods owned the account up to 2014 I believe - they HAVE to reply to your SAR request so no idea whats going on there - did you actually send them a formal request or just ring up ?

[Immortal]

I called them. So it’s looking like I’ve got to pay for something I don’t even know, or settle for something that I don’t even know.

[Immortal]

Isn't the default notice supposed to be sent quicker than that? If not it gives them 5yrs 364 days to do it.

[Amethyst]

The Account was opened in December 2011 and defaulted in June 2012 - that's not extreme by any means. Normally there's an interest free period or buy now pay later terms before you start missing payments and then default - So purchase in Dec 2011 - 3 month payment period - miss 3 payments - default... pretty direct. But yes, there have been rulings ( which are under appeal still I believe ) that the Default is the cause of action for Statute Barring regardless of when the last payment is ( as the default notice is required for them to call in the whole debt ) - pt2537 had there been any movement on that ?

You are entitled to the information under the data protection act from Littlewoods so really get that formally done, in writing....As you do not recall opening the account or purchasing anything from Littlewoods that has to be your defence and that you require details of the purchase, delivery, invoicing etc. Once you have actually done the formal Subject Access Request you can also add that to the defence.

What documents do you actually have from the claimant ?

You need to get your WS in so you'll need to put that you don't recognise the debt, you don't recall ordering from Littlewoods, that you have requested info from Littlewoods but they won't send you anything ( and that you have sent a further SAR ), that the agreement you have been sent isn't signed, that you haven't seen it before, that nothing is on your credit file, that no purchases appear on the 'statement' you have been sent so you do not know even what it was you were meant to have purchased, and so on.... if you did not buy something from Littlewoods in December 2011 then you need to say that in your defence.