• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Bw legal/ lowell

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Re: Bw legal/ lowell

    I don't think any documents were mentioned just that I owe the money and they'll take me to court if I didn't pay it. I can post any letters I've received on here over the weekend if that helps?

    Comment


    • #32
      Re: Bw legal/ lowell

      redacted removing your personal info and numbers

      Comment


      • #33
        Re: Bw legal/ lowell

        Ok will do. Can anyone tell me how long they have to produce a copy of the OCA and can they still take me to court without it?

        Comment


        • #34
          Re: Bw legal/ lowell

          they can start proceedings abut at a later stage be forced to produce certain documents

          Comment


          • #35
            Re: Bw legal/ lowell

            So can they take me to court without them or not?? I just need to know how long this is going to be hanging over me, I wouldn't mind but it isn't me that caused the debt in the first place!

            Comment


            • #36
              Re: Bw legal/ lowell

              Originally posted by Mousey 66 View Post
              I wouldn't mind but it isn't me that caused the debt in the first place!
              You have a moral dilemma as well as a legal one.

              From what you say your position is "it wasn't me it was him" because you believe your ex opened the account in your name unbeknown to you.

              Hypothetically speaking if a Defendant feels that they are being sued for a debt incurred by a third party then they may join that person into the proceedings as a Part 20 Defendant. This means the Claimant sues you while you at the same time sue the person responsible for the debt.

              It's explained here albeit not exactly in layman's terms> https://www.justice.gov.uk/courts/pr...l/rules/part20

              Di

              Comment


              • #37
                Re: Bw legal/ lowell

                Thankyou for letting me know this Di. Do you think it will go to court even if they dont provide the original credit agreement? Can they without proof the debts mine?

                Comment


                • #38
                  Re: Bw legal/ lowell

                  You've indicated that a court claim has been issued, so technically it has already 'gone to court'.
                  Whether it will go right the way through proceedings up to & including a hearing is anyone's guess.
                  But, by challenging the Claimant, & using suitable defence argument, you might well head them off at the pass!
                  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


                  • #39
                    Re: Bw legal/ lowell

                    How much time do they have to provide the OCA? Is there a time limit or can it go on for ages?

                    Comment


                    • #40
                      Re: Bw legal/ lowell

                      If you are referring to the documentation required via a Consumer Credit Act (CCA) (sections 77-79) request, compliant documentation has to be sent within 12 working days + a further 2 working days to allow for post.
                      However, failure to do so (whether due to the time factor or to non compliant documentation) results in the inability to enforce the agreement only while the breach persists. The breach is remedied by sending the correct documentation.
                      Thus it is not irredeemably unenforceable after the 14 days, but to be able to have any success at a court hearing, the Claimant would need produce compliant documentation.
                      If there is a 'live' court claim in progress, that will, to some degree, dictate timescales for producing evidence.
                      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


                      • #41
                        Re: Bw legal/ lowell

                        They haven't sent it yet and it's been almost 8 weeks so is likely to not go any further as they have no evidence?

                        Comment


                        • #42
                          Re: Bw legal/ lowell

                          Originally posted by Mousey 66 View Post
                          They haven't sent it yet and it's been almost 8 weeks so is likely to not go any further as they have no evidence?
                          If you read the threads on this forum you'll see that Lowells very rarely back down until they've been served with the Defendant's Witness Statement.

                          They hope that the smaller sums (claims under £10k) will settle at Mediation and if they don't then they tend to battle on until the eleventh hour in the hope you'll surrender.

                          I can't see how much this claim is for (sorry if you have posted this already) because that may factor into they're thinking of whether it's worth the (financial) hassle for them to continue.

                          Di

                          Comment


                          • #43
                            Re: Bw legal/ lowell

                            It was £591.82 plus court costs.

                            Comment


                            • #44
                              Re: Bw legal/ lowell

                              Is the defendants witness statement heard in the court? Does that mean I would have to go and speak at the court?? :

                              Comment


                              • #45
                                Re: Bw legal/ lowell

                                So just got in and they've sent the credit agreement so I guess this means Il'll have to pay them now? It says they're still awaiting remaining information whinch I assume are statements? And the. account will remain on hold while they obtain it. So do I pay the court costs or can I offer to pay the original amount owed??

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X