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

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

    I have received a Claim Form from Northampton County Court Business Centre dated 17th May 2016. I received this on 27th May 2016 as I have been away and I have completed the ‘Acknowledgement of Service’ online at moneyclaim.gov.uk today, 30th May 2016.

    The Particulars of Claim are;
    The Claimant’s Claim is for the sum of £xx.xx being monies due from the Defendant to the Claimant under a Home Shopping agreement regulated by the Consumer Credit Act 1974 between the Defendant and Shop Direct Finance Company Limited under account reference 8xxxxxxx and assigned to the Claimant on 09/09/2011 notice of which has been given to the Defendant.
    The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
    The Claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.11 from the date of assignment of the agreement to 08/09/2012 being an amount of £xx.xx.
    The approximate amount of the claim is £700 including Court Fee and Legal representative’s costs.

    I have got letters ready to send by recorded delivery tomorrow;
    To the Claimant - CCA request
    To the Claimants Solicitor – copy of CCA request and CPR request

    I do not know what this claim relates to and therefore am sure that I have not made any payments at anytime to either Shop Direct or Lowell Portfolio.

    Could anyone please advise me of what I need to do next as I am a bit more than baffled!

    Thanks for reading
    Jo

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    PLEASE HELP

    I need to send in my defence and would be really grateful if someone would cast an eye over it and tell me if i have done it right. I have to send it before the end of the day , please help!

    IN THE NORTHAMPTON COUNTY COURT (CCBC)

    [B]CASE NUMBER:


    BETWEEN

    Lowell Portfolio 1 Limited
    CLAIMANT
    -and-

    Jojo13
    DEFENDANT

    [IMG]file:///C:/Users/JO2050~1.MAX/AppData/Local/Temp/msohtmlclip1/01/clip_image001.png[/IMG]

    DEFENCE

    [IMG]file:///C:/Users/JO2050~1.MAX/AppData/Local/Temp/msohtmlclip1/01/clip_image002.png[/IMG]


    1: I received the claim C6DP16M1 from the County Court Business Centre, Northampton County Court on 27th May 2015.

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

    3: This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.itte/denied] that the Defendant has [previously] entered] with [Original Creditor /Claimant] 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. The Claimants statement of case states that the account was assigned from Shop Direct Finance Company Limited to Lowell Portfolio 1 Ltd. The Defendant does not recall receiving notice of this assignment.

    6. It is denied that Shop Direct Finance Company Limited 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.

    7: On the 31st May 2016, I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal Services Ltd. I requested the Claimant provide copies of the Agreement and Default Notice.

    8. BW Legal Services Ltd has not sent any of these documents to me.

    9. On the 31st May 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

    10. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

    11. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim; however they have failed to do so.

    12. 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.



    Signed …………………………………………

    Dated .................................................. ....


    -----------------------------------------------------------------------------------------------
    Last edited by Jojo13; 16th June 2016 at 19:38:PM. Reason: Contrails personal details

  3. #3
    Amethyst's Avatar

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    IN THE NORTHAMPTON COUNTY COURT (CCBC)

    CASE NUMBER: C6DP16M1


    BETWEEN

    Lowell Portfolio 1 Limited
    CLAIMANT
    -and-

    Jo Boardley
    DEFENDANT



    DEFENCE




    1: I received the claim C6DP16M1 from the County Court Business Centre, Northampton County Court on 27th May 2015.

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

    3: This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974 between myself and Shop Direct.

    4: I do not recall ever having entered into a regulated agreement with Shop Direct Finance Company Limited. I do not know what the claim is for nor how the amount claimed has been calculated.

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

    6: I have checked my records and cannot see any payments ever having been made to Shop Direct Finance Company Ltd or Lowell Portfolio 1 Ltd. I am not aware I have ever had any relationship with Shop Direct Finance Company Ltd.

    7. The Claimants statement of case states that the account was assigned from Shop Direct Finance Company Limited to Lowell Portfolio 1 Ltd. The Defendant does not recall receiving notice of this assignment.

    8. It is denied that Shop Direct Finance Company Limited 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.

    9: On the 31st May 2016, I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW Legal Services Ltd. I requested the Claimant provide copies of the Agreement and Default Notice.

    10. BW Legal Services Ltd has not sent any of these documents to me.

    11. On the 31st May 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

    12. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

    13. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim; however they have failed to do so.

    14. 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.

    15. 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.

    16. 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.

    17. 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.



    Signed …………………………………………

    Dated .................................................. ....
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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

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    Amethyst's Avatar

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Check paras 4 and 6.

    I was going to put whether you have ever purchased from a shop direct group catalogue, but I don't know, so if you honestly believe you haven't bought anything on credit from one of their trading styles, then put that in.
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  5. #5
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by Jojo13 View Post
    PLEASE HELP

    I need to send in my defence and would be really grateful if someone would cast an eye over it and tell me if i have done it right. I have to send it before the end of the day , please help!

    IN THE NORTHAMPTON COUNTY COURT (CCBC)

    CASE NUMBER: XXXXXXXX


    BETWEEN

    Lowell Portfolio 1 Limited
    CLAIMANT
    -and-

    Jo Bxxxxxx
    DEFENDANT

    DEFENCE

    1: I received the claim XXXXXXXX from the County Court Business Centre, Northampton County Court on 27th May 2015.

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

    3: This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974 that the Defendant has allegedly previously entered into with Shop Direct Finance Ltd 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. The Claimants statement of case states that the account was assigned from Shop Direct Finance Company Limited to Lowell Portfolio 1 Ltd. The Defendant does not recall receiving notice of this assignment.

    6. It is denied that Shop Direct Finance Company Limited 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.

    7: On the 31st May 2016, I sent a request for inspection of documents mentioned in the Claimant's statement of case under Civil Procedure Rule 31.14 to BW Legal Services Ltd. I requested the Claimant provide copies of the Agreement and Default Notice.

    8. BW Legal Services Ltd has not sent any of these documents to me.

    9. On the 31st May 2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

    10. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and, by virtue of s 78 (6) Consumer Credit Act 1974, cannot enforce the agreement.

    11. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim; however they have failed to do so.
    I can't see that this is applicable; please remove if not, & renumber the defense accordingly.

    12. 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.



    Signed …………………………………………

    Dated .................................................. ....


    -----------------------------------------------------------------------------------------------
    ####

    Ps You may want to edit out personal details/identifiers for posts on the forum.
    CAVEAT LECTOR

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

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    gets his brain a-going.
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  6. #6
    Jojo13's Avatar

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Thank you so much, really appreciated!

    Do i have to send this by recorded mail or can i email it to the court?

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    Amethyst's Avatar

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Ah yes, ref Charity's post, if you haven't had an extension then leave that paragraph out.
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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

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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    Quote Originally Posted by Jojo13 View Post
    Thank you so much, really appreciated!

    Do i have to send this by recorded mail or can i email it to the court?
    You can either submit via MCOL if you used that to acknowledge the claim, or post it with the N9B form in the claim pack, or ( easiest) you can email it to [email protected] - put subject as DEFENCE - Claim XXXX - Lowell Portfolio 1 v JOJO13 - and attached the defence as a PDF if possible ( electronically sign 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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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

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    Default Lowell v Jojo13 - please help

    Hi

    I have received these two documents from Lowell after requesting credit agreement and default notice. They both do have my details on but no detail about the actual debt or copy of my signature. I have received a court date and don't know what steps to take next. Can anyone please help advise me? I don't particularly want to go to court as I have so much going on at the moment and am feeling mentally fragile. Do I ring these people and ask them what the debt is for? I would be grateful of any help with this

    Thanks
    JoJo13

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    Jojo13's Avatar

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    Default Re: Lowell v Jojo13 - please help

    Sorry can anyone please advise me of how to add pictures?

  11. #11
    Stu's Avatar

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    Default Re: Lowell v Jojo13 - please help

    @Kati might help with the picture @Nem for the best advice

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    Default Re: Lowell v Jojo13 - please help

    Thanks Stu, much appreciated

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    Kati's Avatar

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    Default Re: Lowell v Jojo13 - please help

    of course ... email me with pics to upload if needed (add a link to your thread or your username so I can find where to put them ) ... tagging @nemesis45 too xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

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    Default Re: Lowell v Jojo13 - please help

    Just emailed you Kati, thanks so much

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    Default Re: Lowell v Jojo13 - please help

    Quote Originally Posted by Jojo13 View Post
    Hi

    I have received these two documents from Lowell after requesting credit agreement and default notice. They both do have my details on but no detail about the actual debt or copy of my signature. I have received a court date and don't know what steps to take next. Can anyone please help advise me? I don't particularly want to go to court as I have so much going on at the moment and am feeling mentally fragile. Do I ring these people and ask them what the debt is for? I would be grateful of any help with this

    Thanks
    JoJo13
    Hello JoJo,

    While we wait to see the documents please give what information you do have on the alleged debt.

    What is the name of the creditor on the agreement you have received?

    It may also help if you check your credit reference files to see what data is held on this, you can check Noddle Free Online.

    Don't stress over Lowell's bully boy tactics they use a lot of " may & might in their template letters.

    There's loads of experience and help here on LB for you.

    nem

    nem

    Has Lowell made any threats of legal action?
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: Lowell v Jojo13 - please help

    Hi Nem

    The original creditor is named as Shop Direct and I have an impending court date in November against me by Lowell Portfolio 1 Ltd, being represented by BW Legal.
    I wrote for advice on here when I received the original claim against me and was helped to apply for evidence from Lowell and their solicitor and to complete the court form and defence form.
    I didn't receive anything back from Lowell or their solicitor within the specified timeframe but then received this letter the week before last.
    I don't know who Shop Direct are and do not recall any details of the alleged debt. I did suffer badly with post natal depression after having both of my children so there is a slight possibility that it could be something I've forgotten about but the information they have sent me doesn't tell me anything.
    I still have no idea what this debt relates to or whether it really is mine
    Thank you Nem, really appreciate your kind words

    Jojo13

  17. #17
    nemesis45's Avatar

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    Default Re: Lowell v Jojo13 - please help

    Quote Originally Posted by Jojo13 View Post
    Hi Nem

    The original creditor is named as Shop Direct and I have an impending court date in November against me by Lowell Portfolio 1 Ltd, being represented by BW Legal.
    I wrote for advice on here when I received the original claim against me and was helped to apply for evidence from Lowell and their solicitor and to complete the court form and defence form.
    I didn't receive anything back from Lowell or their solicitor within the specified timeframe but then received this letter the week before last.
    I don't know who Shop Direct are and do not recall any details of the alleged debt. I did suffer badly with post natal depression after having both of my children so there is a slight possibility that it could be something I've forgotten about but the information they have sent me doesn't tell me anything.
    I still have no idea what this debt relates to or whether it really is mine
    Thank you Nem, really appreciate your kind words

    Jojo13
    Hello Jojo,

    Shop direct are the catalogue companies Littlewoods etc., what catalogues have you had in the past?

    Have you e-mailed the documents to @Kati yet? Kati will prepare them for posting on the forum.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
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  18. #18
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    Default Re: Lowell v Jojo13 - please help

    Got them xx
    Attached Images Attached Images
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
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    Default Re: Lowell v Jojo13 - please help

    Quote Originally Posted by Kati View Post
    Got them xx
    Thank You
    .nemxx
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  20. #20
    nemesis45's Avatar

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    Default Re: Lowell v Jojo13 - please help

    Hello Jojo

    That looks like a Littlewoods agreement did you have a catalogue at all.

    It would certainly help to know when the account was opened and when it was defaulted.

    Looks like it was sold 10/09/11 to Lowell but I can't see any last payment data.

    Found: It's a Very Catalogue account. Default Notice Sent 22/08/11 so not Statute Barred.

    Are the pages of the agreement sequentially numbered?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    nemesis45's Avatar

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    Default Re: Lowell v Jojo13 - please help

    Jojo

    Some more details please you say you posted before and a claim was issued what has happened with that please.

    I'll ask @Kati if she can find your other thread and merge them so we can get the full picture.

    Sorry more assistance needed @Kati Please

    nemx
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  22. #22
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    Default Re: Lowell v Jojo13 - please help

    Quote Originally Posted by nemesis45 View Post
    I'll ask @Kati if she can find your other thread and merge them so we can get the full picture.

    Sorry more assistance needed @Kati Please

    nemx
    sorted :yo: xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  23. #23
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    Default Re: Lowell v Jojo13 - please help

    Quote Originally Posted by Kati View Post
    sorted :yo: xx
    Thank you!!

    nemxx
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  24. #24
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    Default Re: Lowell v Jojo13 - please help

    Jojo,

    Is the claim stayed?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  25. #25
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    Default Re: Lowell Portfolio 1 Ltd v Jojo13

    I'm not sure what you mean by is the claim stayed?
    I don't remember using this catalogue and can't see that I've ever made any payment to them ever. The only catalogue I've made any payments to are for a settled account with La Redoute. Are they related?

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