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*DISCONTINUED* !!! Lowell Portfolio 1 Ltd v Jojo13

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  • #76
    Re: Lowell Portfolio 1 Ltd v Jojo13

    I have read (on another thread) that on the day of the hearing (ie in the court waiting area), the Claimant's solicitor tried to hand the defendant copies of disclosure evidence.
    I would do the same as that defendant; refuse to accept it & bring it to the Judge's attention.
    Last edited by charitynjw; 12th November 2016, 15:05:PM.
    CAVEAT LECTOR

    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

    Comment


    • #77
      Re: Lowell Portfolio 1 Ltd v Jojo13

      Any advice as to what I should put in my witness statement, I'm still baffled by all this, thanks

      Comment


      • #78
        Re: Lowell Portfolio 1 Ltd v Jojo13

        [MENTION=6]Amethyst[/MENTION]'s guide to witness statements.

        http://www.legalbeagles.info/forums/...ness-Statement
        CAVEAT LECTOR

        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

        Comment


        • #79
          Re: Lowell Portfolio 1 Ltd v Jojo13

          Hi [MENTION=6]Amethyst[/MENTION]/nemesis/charity

          would you please double check the letter below and also I wanted to ask if its ok to add the line about a change of address?

          Claim No: xxxxxxxxxxxxxxxxxx

          Between Lowell Portfolio 1 Ltd Claimant.

          and

          xxxxxxxxxxxxxxxxxxxx Defendant.

          I xxxxxxxxx am a litigant in person in this matter.

          1. Since receiving this claim I have researched the history of the alleged debt, which it seems arises from an account with Additions (later rebranded Very) a catalogue shopping company.

          2. I have no recollection of any such account nor I have I purchased or received any goods from this company.

          3. Having checked the history of the alleged account with the original creditor it was stated that the account was opened on 5th December 2009. an item (a pram) was ordered on 9th February 2010 and was allegedly delivered within 2 working days of the ordering date (by 12th February 2010).

          4. I have no recollection of ever receiving this item.

          5. The original creditor has confirmed that no payments have been made in relation to the account since its inception on 5th December 2009.

          6. I now aver that the alleged debt is statute barred under the provisions of section 5 of the Limitation Act 1980, no payment or written acknowledgment has been made in more than 6 years.

          7. Further research has shown that debt purchase companies will argue that the relevant 6 year period starts on the date when an account is defaulted relying on BMW Finance - v - Hart, in regard to a motor finance (HP) account, this matter however arises from a simple contract and was statute barred on the date the claim was issued i.e. 17th May 2016.

          The defendant respectfully ask the court to allow this statement to be submitted in my defence.

          This statement has been sent to the claimants solicitors on date 15th November 2016.

          Signed ............................................ Date .........................................

          of: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
          I would also like to take this opportunity to advise the Court that I have now moved to;
          xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx


          Thank you

          Comment


          • #80
            Re: Lowell Portfolio 1 Ltd v Jojo13

            [MENTION=55034]nemesis45[/MENTION] [MENTION=5553]charitynjw[/MENTION]

            Comment


            • #81
              Re: Lowell Portfolio 1 Ltd v Jojo13

              I'm panicking now as I need to post this today!!
              Would anyone please check it through for me?

              Comment


              • #82
                Re: Lowell Portfolio 1 Ltd v Jojo13

                I'll go through it after school run xxx
                Common Sense .... if in doubt, use it !

                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #83
                  Re: Lowell Portfolio 1 Ltd v Jojo13

                  And get "coffeed" up yeah...
                  :ranger:

                  Comment


                  • #84
                    Re: Lowell Portfolio 1 Ltd v Jojo13

                    Thanks [MENTION=6]Amethyst[/MENTION] much appreciated

                    Comment


                    • #85
                      Re: Lowell Portfolio 1 Ltd v Jojo13

                      Originally posted by Stu View Post
                      And get "coffeed" up yeah...
                      :ranger:
                      Back, coffee'd - reading back through the thread
                      Common Sense .... if in doubt, use it !

                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #86
                        Re: Lowell Portfolio 1 Ltd v Jojo13

                        Okay just checking facts first of all...

                        The order was placed 8th Feb 2010
                        The agreement is dated ?( it's been redacted from the copy posted up )
                        The signature is a tick box signature ?
                        The account was allegedly opened 5th December 2009. ( That's odd in itself as an account is normally not opened until a purchase is made )
                        The only order on the account was for this £212.50 pram - which you have no recollection of ordering or receiving.
                        The address is correct ( for the time of the order & delivery)
                        You could possibly have required a pram at that time as you had a small child?
                        No payments have ever been made.
                        They have no evidence of delivery.
                        Claim was issued 17th May 2016 - so over 6 years from order
                        Default notice 22 Aug 2011 - no copy received.

                        If you can just confirm all is correct please...
                        Common Sense .... if in doubt, use it !

                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #87
                          Re: Lowell Portfolio 1 Ltd v Jojo13

                          Yes that is absolutely correct [MENTION=6]Amethyst[/MENTION]

                          Comment


                          • #88
                            Re: Lowell Portfolio 1 Ltd v Jojo13

                            Perfect. I'll go through the WS and make a couple amendments now then
                            Common Sense .... if in doubt, use it !

                            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                            Comment


                            • #89
                              Re: Lowell Portfolio 1 Ltd v Jojo13

                              Originally posted by Jojo13 View Post
                              Yes that is absolutely correct @Amethyst
                              Amethyst has asked what is the date showing on the redacted agreement.

                              Also can you confirm that you've not received a copy of the NOA yet. Do you recall receiving one at the time the account was transferred to Lowell?

                              Di
                              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment


                              • #90
                                Re: Lowell Portfolio 1 Ltd v Jojo13

                                When you called Very - did you have to go through any security stuff for DPA ? or did they just tell you the info on your giving them name and account number ?

                                Amethyst has asked what is the date showing on the redacted agreement.
                                Indeed, yes I need that - should be, at a guess 5th Dec 2009.... also need to know if there was another order prior to the pram order or if Very said that was the first and only order ? Possibly something ordered and returned ? ( though doesn't show on the Very statement screenshot )

                                Also, before pleading in the WS about never having had the pram, can you have a think what colour the pram you used for little one around that time was, and poss ask your brother? what colour the one he passed on to you was ? ( just making absolutely sure your memory won't be jogged in court - it sounds like you were having a tough time back then so COULD have forgotten )

                                Also La Redoute - could you have had a pram from them? I know you have said that account was used and paid off by you.
                                Common Sense .... if in doubt, use it !

                                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                                Comment

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