Lowell Small Claim Court - Date Set

[Effortlessnoq]

Hi

The date for my hearing is 8th March 2018 so need some advice on next steps. It relates to a 5 year old credit card debt with Capital One. I have sent CPR 31.14 Request Letter and received the signed agreement, default notice and formal demand. However Lowell did not send me at the time in their initial response, the assignment. They have now sent their court papers which include the assignment dating back to the date of the original default. My questions are;

- do i have a case for them sending the assignment out of time
- am i better to try and settle out of court
- i have submitted all paperwork via MOL - do i need to print anything if i do attend court
- what are my chances if i do attend court on the 8th?
- what is a witness statement and how and when do i submit this to the court/claimant?

Many, many thanks for reading and any help you can offer.

[Amethyst]

On your hearing date letter, have you read the second page, which should say when Witness statements need to be exchanged by - it is usually 14 days before?

[Amethyst]

the signed agreement, default notice and formal demand. However Lowell did not send me at the time in their initial response, the assignment. They have now sent their court papers which include the assignment dating back to the date of the original default.

So they have provided all of the documents you have asked for now. Have you checked the agreement is correct ?

How much is the claim and were there any issues/disputes on the account other than the documents ?

[Effortlessnoq]

So they have provided all of the documents you have asked for now. Have you checked the agreement is correct ?

How much is the claim and were there any issues/disputes on the account other than the documents ?

Yes they have provided them now, not sure how to check for accuracy.

1500 - and no other disputes

[Effortlessnoq]

On your hearing date letter, have you read the second page, which should say when Witness statements need to be exchanged by - it is usually 14 days before?

Thans i need to check the second page, i don't actually know what a witness statement is though?

[Amethyst]

Ahhh it is basically a document outlining your actions in the case and what your defence is ... there's some examples here.... http://legalbeagles.info/forums/foru...ness-statement

When was the Capital One account opened ? They are pretty good at providing the documents and them being compliant, particularly anything opened after 2007 so it is likely to be right, but if you want to upload a copy we can have a quick look at it.

What's you main goal on this? Getting it out of the way without a CCJ being awarded against you and affecting your credit file for 6 years ?

You might be able to negotiate a reduced settlement if you do it before the hearing, but you would want to get an agreement in place that the claim is put on hold and not go to judgment unless you fail to make the agreed payment.

[Effortlessnoq]

Ahhh it is basically a document outlining your actions in the case and what your defence is ... there's some examples here.... http://legalbeagles.info/forums/foru...ness-statement

When was the Capital One account opened ? They are pretty good at providing the documents and them being compliant, particularly anything opened after 2007 so it is likely to be right, but if you want to upload a copy we can have a quick look at it.

What's you main goal on this? Getting it out of the way without a CCJ being awarded against you and affecting your credit file for 6 years ?

You might be able to negotiate a reduced settlement if you do it before the hearing, but you would want to get an agreement in place that the claim is put on hold and not go to judgment unless you fail to make the agreed payment.

It was opened in 2003, the usual story of burying my head back then and didn't hear anything until last year from Lowells. I will upload the documents tomorrow - thank you very much.

The main goal is absolutely avoid a CCJ on my credit file. They have also offered a Tomlin order....

[Amethyst]

Cool if they've sent a draft Tomlin order can you post that up too

[Effortlessnoq]

NO draft Tomlin just an A4 sheet with what one is and the possible option of one. I will upload everything tomorrow and thank you very much for your kind and helpful replies.

[Effortlessnoq]

(removed personal details - Admin )

[Effortlessnoq]

[Effortlessnoq]

[Effortlessnoq]

[Effortlessnoq]

[Effortlessnoq]

Thoughts on the attached documents - anything glaringly wrong? Many Thanks