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Court claim . Lowell .

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  • #16
    This is what was sent with the claim form :Sorry I cant reduce size
    Would you kindly explain how I present the defence and what to include ?
    I apologise asking this of you but feel overwhelmed by this , and just need to get it completed !
    Many thanks for your time .

    Comment


    • #17
      Tried to copy and paste the particulars of claim but hasnít worked !
      The agreement was started on 29/02/04
      Agreement terminated as I didnít pay the charges and interest and
      assigned to claimant on 20 /12 /2012

      Any help in filling out defence appreciated .

      Many thanks

      Comment


      • #18
        Having checked old paperwork it looks like the debt was initially sent to Moorcroft from JD Williams around June 2011.
        The amount due at that time was £1055( Having risen from the initial £80 ) .
        It looks like I was trying to pay around £58 a month and defaulted .
        It must have then been sold to Lowell !

        When writing the defence how much detail do I go into ?
        Do I just quote the act of 7 . Statue barred ?
        Do i quote S14 ?

        Im so confused on how to do this and it my mum is getting worse daily so desperately need to get this sent .

        Although I heard from the Lowell solicitor I havent heard back from Lowell yet ( over 7 days ) .
        Do include this in defence ?

        Should I send Statue Barred letter to Lowell ?

        I would be so grateful if anyone could help me write this defence letter , but I appreciatte how busy everyone is and you have already helped so much .
        I just feel so stupid with this !

        If anyone can help ! i would happily send a donation to their given charity. I dont have much but I would be so grateful .

        Many thanks for reading .
        Christina

        Comment


        • #19
          Example Defence

          Comment


          • #20
            Tomorrow is the last day fo submit my defence .
            Having so much going on with doctors and mum , its hard to focus well . Plus when my mum passes , I will become homeless as such as we share the rent since i gave up work to look after her .
            Anyway my problem , but a lot going on making it hard to gst my head completely around this !
            So any help on writing the defence vsry much appreciatted !

            So Lowell havent responded to the CPR request sent on 15th September .

            Looking at the defence example :

            Do I lay this out as shown ?

            As there are limited lines on the defence do I need to put in all rhe details of claim number , claimants name and defendants name as the have this already ?

            Do I copy out 1, 2 and 3 , 4

            7 as statue barred ?
            10 ?
            11( did receive letter from soclitor )
            12 ?

            Do I need 16 to 18 ( sorry Im so confused )

            Shall I mention in 14OA consumer credit act ?

            Where and do I mention all the charges and interest ?

            Will i have enough space to write all this ?

            Sorry to seem so stupid !

            Comment


            • #21
              Mediation tomorrow :
              However I never received the original credit agreement from Lowell !
              The item bought from JD williams was for around £80!( have never seen the original amount )
              The amount I owe is over £1000 due to interest and charges , and the original payment was back in 2004 .
              Looks like the debt was originally was given to Moorcroft and had already reached £1000 and i defaulted on the payments when I was trying to pay back over £30'a month !
              It was passed to Lowell in December 2012 after payments of £88 paid but by then overv£1000 owed .
              Looks like I then ceased comunication until this September when court order served .
              I sent defence and now mediation tomorrow .
              I just dont know how to move forward and if I dont do mediation what will happen !
              Surely statutory barred due to the legnth of time ?
              Advise appreciatted !

              Comment


              • #22
                Today, 15:37:PM
                Mediation tomorrow :
                However I never received the original credit agreement from Lowell !
                The item bought from JD williams was for around £80!( have never seen the original amount )
                The amount I owe is over £1000 due to interest and charges , and the original payment was back in 2004 .
                Looks like the debt was originally was given to Moorcroft and had already reached £1000 and i defaulted on the payments when I was trying to pay back over £30'a month !
                It was passed to Lowell in December 2012 after payments of £88 paid but by then overv£1000 owed .
                Looks like I then ceased comunication until this September when court order served .
                I sent defence and now mediation tomorrow .
                I just dont know how to move forward and if I dont do mediation what will happen !
                Surely statutory barred due to the legnth of time ?
                Advise appreciatted !

                Comment


                • #23
                  Today, 15:37:PM
                  Mediation tomorrow :
                  However I never received the original credit agreement from Lowell !
                  The item bought from JD williams was for around £80!( have never seen the original amount )
                  The amount I owe is over £1000 due to interest and charges , and the original payment was back in 2004 .
                  Looks like the debt was originally was given to Moorcroft and had already reached £1000 and i defaulted on the payments when I was trying to pay back over £30'a month !
                  It was passed to Lowell in December 2012 after payments of £88 paid but by then overv£1000 owed .
                  Looks like I then ceased comunication until this September when court order served .
                  I sent defence and now mediation tomorrow .
                  I just dont know how to move forward and if I dont do mediation what will happen !
                  Surely statutory barred due to the legnth of time ?
                  Advise appreciatted !

                  Comment


                  • #24
                    Hang on letís confirm these timescales. Defaulted in 2012 or 2004??
                    Court claim 2012? If so a court claim issued Ďfreezesí the Limitation Clock so never becomes time barred but would need courts permission to resurrect (and good reason such as new documents?)
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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                    Comment


                    • #25
                      The agreement with JD Williams was taken out in 2004 .
                      I donít know when I defaulted as I havenít been sent the original documentation but Lowell says the agreement was terminated and assigned to them 20/12/ 12_.
                      However I also have documents from Moorcroft who had the debt during 2011. Iím not sure what happened prior to that , but I didnít maintain the approx £30 per month payments with Moorcroft!
                      so the original debt rose from £80:at the beginning to over £1000.
                      Apparently I have paid £88.
                      Is it worth going through mediation ?

                      Comment


                      • #26
                        you are expected to go through mediation regardless, but answer the question above??

                        Comment


                        • #27
                          Moorcroft did never own the alledged debt only hopeful commission collectors by the way!

                          Comment


                          • #28
                            very confusing? has this been through court 2012 ans stayed, no movement till now?? and were you informed that lowells applied to lift stay??

                            Comment


                            • #29
                              No . Lowell took over in 2012, but nothing through courts until now in september this year . Have not heard from them until just before September .

                              Comment


                              • #30
                                put up what the courts sent you then we can see what has happened? (but no name account number showing)

                                Comment

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                                NOTE: If you receive a court claim note these dates in your calendar ...
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