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

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  • #61
    Just got back from holiday. Had no letter from all well or the court. It states clearly that they had to send me and the court their defence by the 15th. I had to send mine early due to my holiday and they haven’t. This is surely abusing the legal system.

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    • #62
      Check with the court whether they have paid the hearing fee first of all... they had to do that by the 15th

      They also had to send copies of all documents to you and the court by the 15th

      It seems Para 9 says actual Witness Statements need to be in 5 days before the hearing.... but the documents should still have been in by the 15th.... they may have sent the court the same documents they have sent you so far - so check that with the court.

      What's the date in para 9 for the 'bundle' ?

      It is a really very odd order to be honest, particularly for such a small claim.
      #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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      • #63
        Oh, on the statute barred issue, you'll be pleased to know that the case that said cause of action ran from the default date rather than breach ( missed payment ) has now got permission to be appealed to a higher court - it won't get heard in time to assist your case but it's a positive step to resolving that bit of uncertainty in consumer credit time limits. BAckground here http://legalbeagles.info/forums/foru...-on-limitation
        #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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        • #64
          Amethyst

          Hi,

          Court date is tomorrow and up until today they hadn't sent me the witness statements. I called the court and was told to put it in an email to the court, which i did. The court has forwarded my email to them and now Lowell have emailed me. Fuming as they now have my email address and also 1 day before the court date i have the witness statement. I requested that any documents to be sent via written form. In the email they claim they sent it via post on June 12th. I received nothing and dont think they did at all as i didnt send mine till June 13th. They paid the court fee on the 14th June , obviously after receiving mine.

          They also state that the claimant doesnt have a copy of the default letter but was sent and the screenshot shows this. NO, that shows it was written on a screen. Where is the proof of postage? Where is the letter? How can a judge know the letter was legal and of correct wording?

          Finally they are stating that the court should side with them and make judgment in their favour , including costs, of which will be disclosed on the day. I was led to believe that the amount is the amount. How can they say they are taking me to court for just over £800 but will end up costing an amount we wont tell you , till the day, if you lose?

          Thanks
          Last edited by Immortal; 12th July 2018, 12:35:PM.

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          • #65
            wow you gave them time to correct??

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            • #66
              Gave them time to correct?

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              • #67
                I was led to believe this was an email to the court , to advise them of this. Why is the court forwarding my email to the claimant? Would they have done the same if i had forgotten to send something or done it incorrectly? The whole system is biased for people with legal know-how.

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                • #68
                  I called the court and was told to put it in an email to the court, which i did. The court has forwarded my email to them and now Lowell have emailed me.

                  the court because you notified them at this late stage had to notify Lowells trouble with using E-Mails

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                  • #69
                    Originally posted by Immortal View Post
                    I was led to believe this was an email to the court , to advise them of this. Why is the court forwarding my email to the claimant? Would they have done the same if i had forgotten to send something or done it incorrectly? The whole system is biased for people with legal know-how.
                    who led you to believe? we always state in writing ,,, anyway done now so have to see what turns up if anything?

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                    • #70
                      The lady at the court, when i called. I told them that i didnt want my personal details giving out. Why are they helping them? Would they have helped me?
                      I have told Lowell, many times, that i dont accept emails. The email address they have tried to get me to confirm, when i called them, was an email address i had many many years ago and havent used for at least 8yrs+ , so dont know how they got that email address. I told them this and told them that i wanted everything in letter.

                      Now, 1 day before i have an email with the witness statements and have very little time to try and pick holes in it.

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                      • #71
                        Just looking on this forum at other threads, some of whom have won, state..

                        A default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

                        Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119


                        Surely with no copy of the letter that was allegedly sent to me (it wasnt), how can a judge make a judgement in their favour when he cannot see what was sent??

                        Comment


                        • #72
                          It seems tomorrow will come down to whether you have actually said to the court that you have never held an account with Littlewoods or purchased anything from them and that their evidence doesn't actually show that you did. Did you say that in your witness statement at all ?

                          The agreement they have sent is generic/electronic isn't it ( ie not actually with your signature ). There's no evidence that you actually opened an account with Littlewoods or made any purchases with Littlewoods, and you do not recall having done so, and nothing they have provided evidences that any amount is owed to Littlewoods. Unfortunately you haven't got any evidence to disprove ( the SAR to littlewoods, your bank statement ( which I'd guess would only be able to show whether or not that £1 payment on the 10th Dec 2012 was made or not )

                          You never did the formal SAR did you ? If you actually did you can tell the court that Littlewoods refused your request and told you to discuss with Lowell and Lowell have only sent you that short screenshot of entries … it shows an order (L/ORD) on 5th December 2011 but then near that it says L/REJ = could that mean the order was rejected? - there seems to be a payment of £1 on the 10th Dec though.

                          Seems like a one off order ( can't see the amount it was for ) also odd to default 6 months later as most Littlewoods purchases would be on buy now pay later, or pay over X months etc. YOu have received very little information to show what the item purchased was and on what terms.

                          Costs wise, have they mentioned abuse of process at all ? costs could be higher if the court does side with them that you are defending as an abuse of process rather than have a valid defence.
                          #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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                          • #73
                            Oh, and did the court day that they had received the WS btw ?

                            Did they do the paginated bundle etc ? or just a WS with exhibits ? the order was quite strict wasn't it as I recall, so bring that up in court too if they didn't comply.
                            #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


                            • #74
                              Originally posted by Immortal View Post
                              Just looking on this forum at other threads, some of whom have won, state..

                              A default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

                              Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119


                              Surely with no copy of the letter that was allegedly sent to me (it wasnt), how can a judge make a judgement in their favour when he cannot see what was sent??
                              They will get away with a 'template' default notice showing that they do give X days. The screenshot has been accepted as evidence they sent the default notice, and a template to show what it said ( and the shop direct ones do comply) they don't have to produce the actual copy of the letter sent ….. but doesn't hurt to argue the point of course.


                              Also - is there a 'delivery' address showing on that screenshot at all ?
                              #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


                              • #75
                                They havent mentioned abuse of process. The witness statement isnt paginated either. Just a witness statement with exhibits. I am 100% certain i have never ordered a single thing from Littlewoods. In their witness statement that i received today it claims that i ordered a windows laptop. I have NEVER ordered a laptop from them and the statement doesnt even show that as an item in the last 3 yrs. I tried the SAR and was just told "sorry you have to deal with lowell now".

                                I am really fed up with it all.

                                To summarise, they have no copy of the default letter, the statement of account shows no item under 3yrs purchase history. They claim its a laptop. Where is the proof of that? Wheres the delivery receipt? Wheres my signature accepting delivery? I have always met the deadlines and sent documents via special delivery, at my expense, to make sure i am doing the right thing. They have pushed the boundaries on everything. I mean, witness statements, via email, 19hrs before the hearing?

                                Comment

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