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**DISCONTINUED** Lowell County Court Business Centre Claim

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  • #46
    Re: Lowell County Court Business Centre Claim

    As of yet I've received no further correspondence from the court except for the previously attached court order they issued.
    since then I have sent a letter to exeter courts see my first attachment above asking for it to be struck out.
    should I now write again with the information you've provided above? Is there a template I can get for this as wording can be an issue for me as you've noticed previously.
    im hoping after this long battle with Lowell they now don't have a leg to stand on!

    thanks again!

    Comment


    • #47
      Re: Lowell County Court Business Centre Claim

      When did you send the letter to Exeter? maybe you should give them a call and see if it has been received and if so what stage is it at?

      There's no point sending a further letter if the court has already received your previous one and is yet to be considered. If they haven't received it then maybe another letter should be sent if it has been some time since.

      Both of those letters look dubious to me, neither of which appear to be a notice of assignment. A legal assignment does not take effect until you have been given the proper notice to say it has been assigned to another in writing.

      Those letters are simply stating that Lowell solicitors have been instructed to Act but nothing within it says the debt has been purchased and/or assigned from Vodafone to Lowell. The other dubious issue is that it is not on headed paper and appears to be copy and pasted on a blank piece of paper. It is a legal requirement under the Company Trading Disclosure Regulations that all companies must include certain information on their letters e.g. registered number and registered address, logo etc. Failing to do so is a criminal offence and although that is not the be all end all, providing a copy of the purported notice of assignment without being on headed paper creates doubt as to whether one was sent in the first place and in any event, neither letter gives any indication that it has been assigned.

      First thing to do is to call the court and see if they have received your previous letter and go from there.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #48
        Re: Lowell County Court Business Centre Claim

        Hi I have received a Claim form From the Claimant Lowell Portfolio In the County Court Buiness Centre on white paper, Its 4 pages long. N1SDT, N9SDT, N9A (SDT) and N9B (SDT). This is for a debt from back in 2010 which I argued with and then was no longer at the property for. Over the years several different companies have tried chasing me for this but everyone I have contacted them explained my defence of why I am not paying it they have stopped perusing. Then a year goes by sometimes more sometimes less then another different company takes up the alleged debt and we go again. This time it has be Lowell's turn and they accepted what I said and nothing further happened, a letter came a few months from them and I will be honest I ignored it I've had enough according to my credit file this will be reported on my file until June 2017. I only have a few months.... what do I do about this I apparently have to respond within 14 days of the day of service. The day of service is 5 days after the issue date (date issued: 18th April 2017).

        Thanks for taking the time to read this,
        Gemma

        Comment


        • #49
          Re: Lowell County Court Business Centre Claim

          So... I managed to get ahold of the courts and they advised me that it was with the judge yesterday 20th April and i would hear back by letter within 10 working days.

          Heres to hoping!

          Comment


          • #50
            Re: Lowell County Court Business Centre Claim

            Fingers crossed, its unusual for a judge (if ever) to go against what a previous judge has already ordered, unless one of the parties has asked to vary or appeal the order. Since there is an unless order made and Lowell have failed to comply, the right decision ought to be that the claim is struck out and dismissed.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • #51
              Re: Lowell County Court Business Centre Claim

              Okay, so i called the courts back today and they told me theyve sent a letter which should arrive to me with 2 working days. its been allocated for i court hearing (nervoussss!) on the 9th June the lady on the phone said theres certain orders i must follow which will be detailed in the letter.
              firstly im hoping ill be bale to take the day off work and secondly im rubbish at things like this!
              Help me [MENTION=71570]R0b[/MENTION]!

              Comment


              • #52
                Re: Lowell County Court Business Centre Claim

                Will have to wait and see what the Order says, once you receive it if you post it up we can see what it says. If there is a court hearing then it sounds like you will need to produce a witness statement and prepare evidence you wish to rely on in court.

                Until we know exactly what the directions say, not much we can do.
                If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                LEGAL DISCLAIMER
                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                Comment


                • #53
                  Re: Lowell County Court Business Centre Claim

                  [MENTION=71570]R0b[/MENTION] help! We're so close!
                  Attached Files

                  Comment


                  • #54
                    Re: Lowell County Court Business Centre Claim

                    What a really poor order that is, some of it doesn't make sense to me. I guess the question is whether you still want to defend it or maybe some sort of settlement to them now that a hearing has been ordered. If you want to defend, then I would suggest you make an amended defence.

                    I would still labour the point about the claim being struck out and judgment in favour of you from the previous judge's order in your amended defence and also at the beginning of the hearing. To then allocate a hearing without setting aside the strike out or appealing is a serious procedural irregularity to my mind.

                    Just to clarify, you never received the notice of assignment from Lowell? When they sent you that letter, did it contain those two letters you previously uploaded?

                    I've had a long day today so i'll come back to this tomorrow but i'll tag @Amethyst and @Diana M to get their thoughts or comments on it in the meantime.
                    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                    LEGAL DISCLAIMER
                    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                    Comment


                    • #55
                      Re: Lowell County Court Business Centre Claim

                      Most of it doesn't make sense to me! Rob I'm going ahead I think with them not supplying a copy of the agreement as ordered previously and like you've pointed out before them referring to "the agreement" in the particulars of the claim and ten backtracking saying they don't need to provide the contract as they don't have to!

                      if anyone can actually make sense of this letter/order it would be mostly appreciated.

                      yes the 2 letters I previously uploaded were also attached to this letter.

                      i think I have a good chance at this and kind of hoping they won't turn up or pay the £80.

                      Ill have a look look at another defence in the meantime, will I have to send this by post?

                      again, your help has been so appreciated rob hopefully I can start to see the light at the end of the tunnel!

                      Comment


                      • #56
                        Re: Lowell County Court Business Centre Claim

                        @Amethyst , @Diana M and [MENTION=71570]R0b[/MENTION]

                        Any idea on this letter and where to go from here?

                        Many Thanks!

                        Comment


                        • #57
                          Re: Lowell County Court Business Centre Claim

                          Hi Josh,

                          My view is that if you want to press ahead and defend it, then it may be worthwhile drafting a section on the previous order whereby the judge made an unless order and struck out the claim and gave judgment to you if there was no compliance. Lowell have tried to circumvent that by simply saying mobile phones do not fall within the CCA (which we know is not absolutely accurate) yet the judge seems to have set aside/allowed an appeal by Lowell without any application or hearing from them. To my mind that is a serious procedural irregularity in that it is common ground that if the claim has been struck out then an application for relief from sanctions is required. They didn't just file anything a day or two late, it was over a week (I think?) and since it was an unless order, that is a serious breach.

                          As for the rest of your defence, it could be largely based on the same before except that you could state that Lowell has provided no notice of assignment and so they have no legal standing to bring a claim themselves as those letter are not proof of a notice of assignment

                          Perhaps have a stab at drafting something and post up on here so we can take a look and maybe add our comments.
                          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                          LEGAL DISCLAIMER
                          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                          Comment


                          • #58
                            Re: Lowell County Court Business Centre Claim

                            Thats great, do i send my defence via post to the court?

                            Comment


                            • #59
                              Re: Lowell County Court Business Centre Claim

                              You can send your defence by post, or call them and see if they have an email address you can send the defence to, that may afford you a couple of extra days to tweak and refine your amended defence.
                              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                              LEGAL DISCLAIMER
                              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                              Comment


                              • #60
                                Re: Lowell County Court Business Centre Claim

                                Hi @R0b

                                Please find attached my amended defence if you wouldnt mind going over it. pretty similer to my original.

                                Ive added in 5.

                                Anything i should take out?

                                Thankyou!
                                Attached Files
                                Last edited by joshb; 1st May 2017, 09:11:AM.

                                Comment

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