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Thread: ** DISCONTINUED ** Lowell Claim Form Northampton Court *HELP*

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  1. #101
    Funnyman21's Avatar

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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Thankyou and here is a copy of the letter i received from the Court.

  2. #102
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    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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  3. #103
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Thank you, I will try my best at getting one drafted up. I will post it up here to see what everyone thinks.

  4. #104
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Quote Originally Posted by MIKE770 View Post
    all the mediator will ask you is = have you all the documents you need to proceed, you will state no = they then will state that mediation cannot commence and pass the case back to the court system to go to the next stage, do not panick lowells etc do this all the time hoping you cave in, they are like the mafia with a licence to cheat.
    Most cases are resolved by default, sad, but true.

  5. #105
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Hi, so i've been struggling with my witness statement but have drafted one up finally. Here it is if someone could have a look through for me please? Thanks again.

    In the [NORTHAMPTON OR MY LOCAL COURT?] County Court Claim Number:00000000
    Between
    Lowell Portfolio LTD Claimant
    -and-
    [MY NAME] Defendant

    Witness statement of [MY NAME]

    I [FULL NAME AND FULL ADDRESS?] being the Defendant in this case will state as follows;

    1. I make this witness statement in support of my defence in the claim.
    2. On the 26th of April 2017, I received a Claim Form from the Northampton County Court Business Centre for the amount of £775.42
    3. There were no details shown about when the alleged default occurred or how the sums claimed have occurred.
    4. This claim appears to be for an agreement between Orange and myself supposedly taken out under the Consumer Credit Act 1974 however I do not recall taking out or signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement.
    5. On the 3rd of May 2017 I made a written request to the Claimant’s solicitors, Lowell Portfolio LTD of PO BOX 1419, Northampton, NN2 1BU requesting that the Claimant provides copies of all documents mentioned in my CPPR 18 [EXHIBIT A] I also requested a copy of the Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974.
    6. On the 4th of May I then sent out a further request to the Claimants solicitors, Lowell Portfolio LTD of PO BOX 1419, Northampton, NN21BU for further inspection of the documents mentioned in my CPR31.14 [EXHIBIT B]
    7. On the 10th of May 2017, I received a letter back[EXHIBIT C] from the Claimant/Claimants solicitors to my written request without all of the requested documents.
    8. I have received what appears to be the Notice of Assignment but not the Agreement, Letter of termination, the default notice or the termination notice as requested in my CPR18 & CPR31.14 requests. [EXHIBIT A & EBHIBIT B]
    9. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has failed to supply these documents despite my entitlement to inspect these documents.
    10. The Claimants pleaded case is that the Defendant entered into an Agreement with Orange under account reference 000. I am unable to determine if this is a genuine debt as I do not have any information relating to this particular debt. It is therefor essential that I have sight of the Agreeement and all relevant documents listed within this statement that is relied upon by the Claimant to be able to accurately identify to what the claim refers.


    Statement of Truth

    I, [NAME], the Defendant, believe the facts stated within this Witness Statement to be true.
    Signed
    Dated

  6. #106
    Funnyman21's Avatar

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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Also in my Notice of Alllocation to the Small Claims Track letter (posted above) it says i must serve all documents that i intend to rely on at the hearing to every other party and to the court office no later than 14 days before the hearing. Which documents does that refer to? and ALL parties being the court, Lowells solicitors and Lowell themselves? Sorry if these are stupid questions but i'm all new to this. Any help is appreciated. Thankyou

  7. #107
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Any help would be appreciated greatly

  8. #108
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Ive just read through this thread with great interest. As i see it they have not produced the original contract or default notice that you requested therefore you have good grounds to ask the court to strike this claim out as the Claimant has not provided the court or yourself with the requested documents therefore you are unable to defend yourself. I would contact the court and see if you can amend your defence on the grounds that the claimant has failed to comply with your request for documents. your defence should be, the sum claimed is in connection with an alleged agreement that you deny entering into and even if this was the case then none compliance of a default notice. If they cannot prove otherwise ask for the case to be struck out

    i must add this is just my humble opinion

  9. #109
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Quote Originally Posted by suffering View Post
    Ive just read through this thread with great interest. As i see it they have not produced the original contract or default notice that you requested therefore you have good grounds to ask the court to strike this claim out as the Claimant has not provided the court or yourself with the requested documents therefore you are unable to defend yourself. I would contact the court and see if you can amend your defence on the grounds that the claimant has failed to comply with your request for documents. your defence should be, the sum claimed is in connection with an alleged agreement that you deny entering into and even if this was the case then none compliance of a default notice. If they cannot prove otherwise ask for the case to be struck out

    i must add this is just my humble opinion
    Thankyou so much for your reply, any idea how I'd go about this? I'm guessing you are aware I have a court date set also?

  10. #110
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Quote Originally Posted by suffering View Post
    . As i see it they have not produced the original contract......
    1. (6) Moreover, a requirement that the original be used to make the copy could work real injustice where the creditor had lost it, in a fire for example. This was one of the reasons why HHJ Langan QC held in Mitchell (supra) at para. 17 that a photocopy was not necessary and a reconstruction would do. As he put it:
      "Suppose a situation in which a lender could not find an original agreement which had been misplaced in its archives, or in which a batch of such agreements was destroyed in a fire. Suppose also that the lender could reconstitute the agreement or agreements from other sources - a card index or computerised records of transactions, and a copy of the standard terms printed on application forms at the relevant date. In such a case, even though no doubt could be cast on the accuracy of the work of reconstruction, the lender would be subject to the section 78(6) bar on enforcement and, in the case of destruction by fire, the bar would necessarily be perpetual. This would, in my judgment, be a grave injustice to the lender, while to permit reconstruction would not work any countervailing injustice to the borrower. I do not accept that a fair apportionment of risk between the parties requires the court to adopt the interpretation for which Mr Berkley contends."
    http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html
    CAVEAT LECTOR

    This is only my opinion - "
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    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

  11. #111
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Hi, I received a letter from Lowell today, including a notice of discontinuance that has been filed to the court by Lowell themselves. Does this mean there is no need for a witness statement and what's next? Finally I can start to see am end to this. Thank you to everyone who helped me with this I appreciate it so much!

  12. #112
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    they have given up as usual - end of

    you can double check with the court in say 5 days to confirm well done

  13. #113
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Quote Originally Posted by Funnyman21 View Post
    Hi, I received a letter from Lowell today, including a notice of discontinuance that has been filed to the court by Lowell themselves. Does this mean there is no need for a witness statement and what's next? Finally I can start to see am end to this. Thank you to everyone who helped me with this I appreciate it so much!
    Brilliant WELL DONE !!

    Nope no need for you to do your witness statement. Just give the court a buzz tmw/next week and double check they have the NoD as well ... then you're done.

    CONGRATULATONS !!
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  14. #114
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    Default Re: ** DISCONTINUED ** Lowell Claim Form Northampton Court *HELP*

    well done 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...

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  15. #115
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    Default Re: ** DISCONTINUED ** Lowell Claim Form Northampton Court *HELP*

    Thank you so much to everyone for your help, this is great news! This place (legalbeagles) helped me so much and without it I couldn't of managed what I have achieved. Thanks so much!

  16. #116
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    Default Re: ** DISCONTINUED ** Lowell Claim Form Northampton Court *HELP*

    Hey! I’m just catching up on your post and hope you don’t mind me bothering you. I’m currently in a similar position with Lowell - I’ve disputed ownership of the debt and defended my claim. I sent them a request for the particulars of claim and they didn’t respond or provide a single thing. I even contacted O2 who the debt was originally with and they say they keep nothing over two years so they can’t provide any documents either. I’ve just received a court date for the 18th jan but have to file my witness statement by next week. Have you any advice at all? I’m hoping that their refusal to provide any of the original documents means they don’t actually have any ! Thanks in advance

  17. #117
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    Default Re: ** DISCONTINUED ** Lowell Claim Form Northampton Court *HELP*

    Well done all concerned especially @MIKE770 . I did notice @Funnyman21 you said thank you on almost all your posts for every single bit of advice you received which makes me especially happy for you.

    An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
    ~ Anonymous

  18. #118
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    Default Re: Lowell Claim Form Northampton Court *HELP*

    Quote Originally Posted by Funnyman21 View Post
    I had a phone call from the courts asking if i woild consider mediation, in my response i stated I hadn't received all documents that I asked for in my CPR request and that I wouldn't be able to start mediation without them. They said I could transfer it to court immediately or wait the 16 remaining days to see if they provide the information and then the judge will decide. Do I need to send another letter to Lowell asking for the Agreement and the Default notice? Thanks
    Did you transfer to the courts immediately or did you wait the 16 days? Just trying to get a bit more information before I go through a similar process.

  19. #119
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    Default Re: ** DISCONTINUED ** Lowell Claim Form Northampton Court *HELP*

    Personally i would still with the full allocated time.

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