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Lowell DQ stage

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  • #16
    Re: Lowell DQ stage

    Imho, the defence isn't too bad.

    Again re penalty charges, it would depend on how much was charged & what it (they) were for.
    For instance, back in 2006 the OFT (as was) calculated 'fair' default charges, applicable to credit cards, to be (max) £12.

    It might be a tad tricky to state that unfair charges were applied to an agreement while at the same time stating that there was no agreement.......if you see what I mean.
    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


    • #17
      Re: Lowell DQ stage

      Yes I follow you I kind of feel as if I just want to go to a hearing (if it should get that far) and just not say alot, just have the thought process of who are you, where has this claim arrived from, can you prove I owe this money, but as you have just picked that contradiction out then why wouldn't a judge. I guess the bottom line is are Lowell going to get hold of the original statements and CCA agreement, I am just hoping that they are just trying there luck to see if it defaults to a CCJ and if I take it further may end up withdrawing their claim << I can only dream ! Although this has of course happened to others. I really do want to avoid a CCJ if I can though as I am practically 2 years into the default and only have 4 years to go lol ! I would need to fully understand my options of making an agreement with Lowell should they fold there cards with all the documents, and at what point should I try to make an agreement.

      I do have one question though if you don't mind, as this claim was stayed, is it possible that the court can still allocate a DQ out to me without Lowell lifting the claim. I only ask this as it seems to me that Lowell have not made any contact whatsoever. If this is the case, then perhaps the court won't get any contact back from them in regards to the DQ because I am sure they have to fill out one also ?

      Comment


      • #18
        Re: Lowell DQ stage

        Last bit first.
        I received a DQ from the court few days ago
        If the stay has not been lifted, the court should not be continuing the case.
        A quick 'phone call to the court to check on the current status might be an idea. (I believe you can also check via MCOL. It sometimes takes them a few days to update their records).

        Bearing in mind that there is £4k(ish) on the table, It wouldn't surprise me if they (Claimant/sols) did try to push this further.
        They may consider it to be a commercially acceptable gamble, especially where the Defendant is a litigant in person.

        That said, they do still have to produce documentation which complies with your CCA request, proof that a compliant CCA s87 Default Notice was sent to you & that there was a legal assignment via s136 Law of Property Act 1925. (I'm assuming, based on many, if not all, of the threads that I've seen in these kind of claims, novation is probably not applicable).

        I also happen to think that you have a right to see the Deed of Assignment. The usual objection is that it is a commercially sensitive document. Personally, I would dispute that; it is an agreement between the assignor & the assignee which may contain terms/conditions that could have implications which might directly affect the debtor. It will be for the judge to decide whether the Deed is a privileged document, not the Claimant or their sols.
        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


        • #19
          Re: Lowell DQ stage

          Yep, got ya ! Well, I will contact the court tomorrow just in case on the slim chance that the stay has not been lifted and could possibly be a mistake, if has been lifted which I agree is the most likely, I will get the DQ sent off tomorrow based on call. I will report back on any updates. I thank you very much for your responses.

          Comment


          • #20
            Re: Lowell DQ stage

            Had the call about mediation appointment today obviously it cannot go ahead as I have not received any paper work from the claimant, she did ask if I wanted to delay pushing it forward to a judge to see if I could obtain the information from them I stated that I did not want to. Next step then is to see if Lowell are going to attend a hearing I suppose and if they actually have any evidence.

            Comment


            • #21
              Re: Lowell DQ stage

              You may have said but did you actually send a request under S77-79 to the claimant along with the fee of £1 ?

              For a debt of that age , that is the most powerful tool a layman can use, as for the rest I am afraid we start to get technical which is way above my pay grade I'm afraid.

              Comment


              • #22
                Re: Lowell DQ stage

                Yes I did send the CCA request, they did not reply to it. I sent that one to Lowell themselves and the CPR 18 request to Lowell Solicitors !

                Comment


                • #23
                  Re: Lowell DQ stage

                  WOW ! Just an update guys, since posting I had a court date issued for the end of June, I filled out the responses that I will be attending and tracked it to my local court e.t.c Anyway I have received this letter and in my understanding I guess this is a fold, shocked to say the least
                  Last edited by skinnyg; 23rd May 2017, 20:05:PM.

                  Comment


                  • #24
                    Re: Lowell DQ stage

                    Great

                    Well done

                    Another one bites the dust

                    Comment


                    • #25
                      Re: Lowell DQ stage

                      Thanks The usual question will commence now...... what are the chances of Lowell bringing this back to life and/or if they will sell the debt on? In my understanding from most responses the answer is just that "not likely".

                      Comment


                      • #26
                        Re: Lowell DQ stage

                        Keep your letter safe. My understanding , after discontinuing they can not bring it back.
                        [MENTION=5553]charitynjw[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=87380]Diana M[/MENTION]

                        Comment


                        • #27
                          Re: Lowell DQ stage

                          Just a quick question is there anything else I need to do with regards to responding to this notice, i.e contact the courts ? Thanks again

                          Comment


                          • #28
                            Re: Lowell DQ stage

                            If Lowells are being honest about discontinuing, you should get notification from the court.
                            You can phone the court for an update.
                            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


                            • #29
                              Re: Lowell DQ stage

                              Just one more question, the agreement was 2011 but when was the last payment made and the account defaulted. As the claim has been discontinued the statute barred clock carries on ticking

                              Comment


                              • #30
                                Re: Lowell DQ stage

                                Yeah it's about 2 years into default So another 4 years till statute barred I'm afraid ..

                                Comment

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