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Lowell goaty22

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  • #16
    Re: Lowell goaty22

    vanquis if you did that would give it to lowells who own it now.


    • #17
      Re: Lowell goaty22

      Thanks for clarifying it Mike770! It will have to go to a charity in the future then.


      • #18
        Re: Lowell goaty22

        It will have to go to a charity in the future then.
        Thanks, Goaty.
        Usual arrangements.....brown paper bag, used tenners, leave in the pre-arranged secret 'drop'

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick


        • #19
          Re: Lowell goaty22

          Thanks Charitynjw, i will remember once i get LOWELL off my back.

          Is there a donation area on this website? I have not seen it. If not there should be one for the great service available here.


          • #20
            Re: Lowell goaty22

            Please check my defense as i am going to send it online tonight:

            I received the claim ####### from the Northampton County Court on xx xxx 2017

            2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

            3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

            4: It is admitted that the Defendant has previously entered into an agreement with Vanquis for provision of credit.

            4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

            5. It is denied that Vanquis served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

            6: On the 09th March 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to LOWELL Solicitors. I requested the Claimant provide copies of the Agreement, Formal demand, Default Notice and Notice of Assignment.

            7. LOWELL Solicitors has failed to send me copies of the Agreement, Formal demand and Default Notice requested.

            8 The right to seek relief arises once the debtor has failed to comply with lawful demands within the requisite time period of 14 days from the date of being served a valid Default Notice as provisioned for under a section 88 of the Consumer Credit Act 1974.

            9 In the absence of service of a Default Notice, no right arises under section 87 of the Consumer Credit Act 1974 to claim relief from the debtor.

            10 I would therefore ask the court to consider that as the claimant has not issued a Default Notice to the defendant, the claimant has no legal right to seek relief.

            13 Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

            14 I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

            15 In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

            16 It is denied that the Claimant is entitled to the relief as claimed or at all.

            Statement of Truth

            The Defendant believes that the facts stated in this Defence are true.


            • #21
              Re: Lowell goaty22

              I have not heard from Lowell since they send me the dodgy notice of assignment. I did not receive the agreement, default notice , statements as well as a genuine copy of the notice of agreement requested. I have now sent the defense letter online and by post.


              • #22
                Re: Lowell goaty22

                Nothing from Lowell and the court yet. Is this normal?





                Pre-Action Letters
                First Steps
                Check dates
                Acknowledge Claim
                CCA Request
                CPR 31.14 Request
                Subject Access Request Letter
                Example Defence
                Set Aside Application
                Witness Statements

                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.

                NOTE: If you receive a court claim note these dates in your calendar ...
                Acknowledge Claim - within 14 days from Service

                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
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