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** SORTED ** 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 can’t they? Who refunds me for loss of earnings. Can I not put in a counter claim in the event they pull out?

    Comment


    • #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: Shouldn’t this have all been sent ages ago and therefore a case can’t 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 isn’t statute barred. They say “you 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).”

      4: I can’t remember this AT ALL (that’s even if it is real)

      Everywhere I read about statute barred it says 6yrs from the last payment or acknowledgement. They are stating it’s from the default notice. I mentioned the statute barred in my defence ASWELL as asking for proof. I don’t believe this is real and have no recollection whatsoever of this debt but wanted to put the statute barred in as it is isn’t it anyway??


      Help!!

      Comment


      • #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 )
        #staysafestayhome

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

        Received a Court Claim? Read >>>>> First Steps

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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 it’s 6yrs from last acknowledgment. How could I find out this for certain?

          Comment


          • #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 it’s 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.

            Comment


            • #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 haven’t 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 don’t feel I owe this. I just worry that a judge won’t stick to the law, based on that letter (if correct)

                  Comment


                  • #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 )
                    #staysafestayhome

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

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #40
                      Hi,
                      The statement doesn’t 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?
                        #staysafestayhome

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

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #42
                          I don’t have bank statements going that far back. They claim it was opened early dec 2011 and defaulted June 2012. That’s over 6 months since the opening and the payments stopped they say. Don’t 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


                          • #43
                            Amethyst I have received a letter from the court and don’t quite understand it. Don’t really want to put it on here so could I PM it you please and you tell me what it’s about?

                            Thanks

                            Comment


                            • #44
                              The letter I have received states the following..

                              It has been allocated to the small claims track for 18th July 2018

                              The claimant has to pay the £80 court fee by June 18th or it will be struck out and unless the court orders otherwise, will be liable for the defendants costs

                              I must prepare for the hearing by sending the court and the claimant any document I wish to use int he hearing or it may be refused.

                              The original documents must be brought to the hearing.

                              The claimant must file and serve a bundle, fully paginated and indexed by 11th July 2018)

                              My hearing will be amongst other similar hearings on the day and will be seen in an order they see fit


                              So, does this sound quite negative towards them?

                              The documents I have to send them before June 18th should be the letters that I sent them and also is there a legal document showing statute barred? Also could I write out a speech stating why I feel this is wrong and why (but in normal speak , not legal wording)?

                              Thanks

                              Comment


                              • #45
                                Is there also an instruction for witness statements with the documents ( and is there a date by which that needs to be done ? )

                                The claimant must file and serve a bundle, fully paginated and indexed by 11th July 2018)
                                That is a little unusual for small claims, particularly a claim under £1k …. seems quite harsh on the claimant tbh so probably positive.

                                Have you actually had the agreement ? ( I note you said you'd had something that looked photoshopped but worth posting it up redacted to see exactly what it is )
                                #staysafestayhome

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

                                Received a Court Claim? Read >>>>> First Steps

                                Comment

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