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Lowell v Hairbear

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  • #31
    Re: Lowell v Hairbear

    Thanks for your reply Charity

    Would lowell have to produce a copy of the default notice for the judge. I could not find one in the documents from the data request from HBOS and Lowells have not supplied one in the CPR request. Would it be worth asking Lowell again for a copy of the DN or just see what I get from mediation

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    • #32
      Re: Lowell v Hairbear

      Okay the only outstanding document is the Default Notice, and they have supplied an example of what it would have been like, and have screennotes showing it was sent so on balance of probabilities it will be deemed to have been sent and presumably compliant. The CCA is compliant (HBOS for Amazon credit card?) and the NoA is in order? ( from reading back I think that's correct).

      You've a settlement opportunity - I don't know the terms - if you can get it settled with a consent order thus keeping a CCJ off your file and can make installment payments ? then it seems that it may be worth further negotiation with them to get the best outcome you can. Not sure if mediation's settlement amount offer is under a CCJ or by consent with the claim on hold in court?
      Common Sense .... if in doubt, use it !

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      SHORTCUTS

      Pre-Action Letters
      First Steps
      Check your dates
      Acknowledge a Claim
      CCA Request Letter
      CPR 31.14 Request Letter
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      Example Defence
      Set Aside Application



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