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** SORTED ** Lowell vs me. Catalogue. Help please :(

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  • #76
    It has my old address on the screengrab but doesnt say its the delivery address.

    Comment


    • #77
      Did you put in your witness statement that you have never ordered from littlewoods?

      At at least you know what it was you were alleged to have bought now. You can tell the court tmw that you only found that out today and that you deny it - they need to prove where it was delivered to and also where that £1 payment ( I think that's what it is on the screenshot on 10th dec ) was made from.
      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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      • #78
        And bring up everything about how you have tried to get information from them and that you have provided anything required on time etc.

        Recheck that hat order from the court too as I'm sure it said a paginated bundle was required ...

        it might help you to make a further witness statement like sting rverything and rejecting their arguments in their witness statement - you might not be able to submit it but can use it at the hearing.

        Try ringing your bank now too to ask if they can see any transactions to littlewoods/shop direct around 10th December 2012 - it will help if you can be definitive and tell the court you have checked.

        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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        • #79
          Am I allowed to question their solicitor on the day?

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          • #80
            Or to make a verbal statement as to why I think this is wrong?

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            • #81
              Paginated means pages numbered doesn't it? What does bundle mean

              Comment


              • #82
                This part

                bundle.png

                doesn't seem to have been done - I don't know what date it was meant to be done by?

                It' meant to be a ring binder with all the documents for the case, those provided by you and those provided by them clearly indexed for the Judge. A

                But it sounds like you just have a witness statement and exhibits from the claimant.

                It sounds like there's an additional order to ensure all documents are exchanged 5 days before the hearing ( so 4 days ago ) - how does that scan with the date in that paragraph ? as all documents have to be exchanged before the bundle can me made.

                Personally I think the court cocked up with issuing this order but as long as you have abided strictly with your side of it I'd raise the other sides non compliance with the judge ( particularly that you only received the witness statement and exhibits today - did the court actually say when they received it or if they had ? ) - and if the other side didn't like the order, it is quite explicit on needing to apply to vary it.

                Did you put in your witness statement that you had never ordered from littlewoods?
                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #83
                  At the hearing you will be mainly talking to the Judge so mostly queries over the other sides case will be put to the Judge and he/she will put them to the other side ( usually it's a duty solicitor who won't have much knowledge of the case only what's in the documents ) http://legalbeagles.info/forums/foru...-court-hearing
                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #84
                    The date for the bundle is Fri 6th July 2018 which hasnt happened. They have NEVER stuck to a date time limit. How am i supposed to defend myself and seek legal advice less than a day before the hearing? Surely this is grounds to dismiss the case?

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                    • #85
                      If they try to pass me the bundle tomorrow prior to going in i will refuse and say "No , its too late now" and will notify the judge all of what you have said.

                      Comment


                      • #86
                        Did you put in your witness statement that you had never ordered from littlewoods?
                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #87
                          I put..

                          1: I do not recall this debt at all. I have looked through years of paperwork at home and cannot find any reference to this.

                          2: I have called the company that I am alleged to have taken this account with and they are unable to tell me what products I am supposed to have bought. The statement of account provided by Lowell Solicitors fail to show any purchases in the last 3 years, from the date of the alleged default. (E1)

                          3: I asked for proof of the default letter that was apparently sent to me and was provided with a screenshot of a computer screen. (E2) This, I feel, is not proof in any way that this letter was sent to me and is no different than me fabricating a screenshot of me paying this alleged debt off.

                          4: Whilst not accepting that I owe this amount and I own this debt, I feel this should be statute barred anyway as it is 6 years from the initial cause of action, which is the last time that this debt was apparently acknowledged by myself, a payment or a letter admitting that. I have made no payments towards this debt, despite being told that I made 2 payments on 5th December 2011 and 10th December 2011.

                          5: The last alleged payment being the start of the 6 year time limit. Lowell Solicitors claim that the default date is the cause of action. (E3) I dispute this as this gives companies a 5 year and 364 day period when they can hold back on sending a default notice, to abuse the 6 year time limit set out in s5 Limitation act 1980.









                          6: The claimant is asking for interest to be paid on this amount. They have failed to provide me with the deed of assignment. (E4) I feel this is grossly unfair for the claimant to claim interest on the full amount when they are likely to have paid a small percentage of this.

                          7: Throughout this, I have tried to be amicable and have called Lowell Solicitors, directly, three times to try and sort this out and to settle out of court to avoid a lengthy, worrying time. All three times I have been met with no flexibility, no desire to avoid court. Feeling that I do not owe this money, I thought by offering a reduced amount, it would be easier and far less worrying for me when I have so many other worrying things going on in my life. This obviously hasn’t been the case.

                          8: I agreed to mediation, and took a day off work to do this, at my cost. I waited all morning for this and was met with no flexibility again. I asked why they had agreed to mediation if they weren't prepared to meet somewhere in the middle and was told to pay up or go to court.

                          9: Throughout dealing with Lowell Solicitors, I have met every deadline in sending documents to them. They have not met 1 single deadline in sending me documents that I requested at the beginning of this whole claim.

                          10: To conclude, I don’t know what this debt was for, what product(s) were bought or even if this was identity theft and somebody obtained the product(s) in my name. I believe this is statue barred, despite liability of the original debt.

                          11: I have enclosed copies of the evidence, which are marked E1 through to E4, in this pack.

                          12: I believe that the facts stated in this witness statement are true.

                          Comment


                          • #88
                            Okay good, that's fine - just wanted to be sure you had made it clear you didn't know what the debt was and had done everything in your power to find out - think that does that fine

                            so payments - ask by what method and what amount these payments were for - take something with your old bank account details on

                            ask what address this laptop was delivered to and evidence of receipt/ delivery

                            explanation of the codes on that screenshot

                            why the purchase history shows nothing in past three years if the account was allegedly open between dec11 and default date

                            not sure if anything shows on your credit file or not ?

                            The oringal application hasnt been provided - that might show more detail like date of birth, IP address, anything to assist find out who made the purchase

                            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                            Comment


                            • #89
                              I have just made a little note, that i plan to take in with me and ask if i can make a statement. its contents are..

                              <>I HAVE NEVER ORDERED FROM LITTLEWOODS
                              <>I HAVE NEVER MADE ANY PAYMENTS. NO PROOF OF WHAT METHOD WAS USED
                              <>LOWELL HAVE FAILED TO PROVE THAT THIS ITEM WAS SHIPPED AND TO WHAT ADDRESS
                              <>NO PROOF OF DELIVERY AND SIGNATURE FROM THE RECEIVER
                              <>NO COPY OF THE DEFAULT LETTER SHOWING THE CONTENTS. THEY HAD TIME TO DO A SPURIOUS SCREENSHOT OF AN ACCOUNT PAGE BUT NOT TO GET THE ORIGINAL LETTER, SHOWING ITS CONTENTS. SAYS TO ME IT WAS NEVER SENT IN THE FIRST PLACE.
                              <>NO EXPLANATION OF THE CODES ON THE SCREENSHOT. SAYS L/ORDER AND THEN L/REJ - IS THAT REJECTED??
                              <>NO PURCHASE HISTORY ON LAST 3 YEARS IF THE ACCOUNT WAS ALLEGEDLY OPENED DEC 11 AND DEFAULT JUNE 12
                              <>ORIGINAL APPLICATION HASNT BEEN PROVIDED , DATE OF BIRTH? IP ADDRESS?
                              <>NO PAGINATED RECEIVED DESPITE JULY 6TH DEADLINE AND ITS IN THE ORDER
                              <>WITNESS STATEMENTS RECEIVED BY EMAIL 18HRS BEFORE THE HEARING AND ONLY FOUND OUT THE ALLEGED PRODUCT THAT WAS APPARENTLY PURCHASED THE SAME DAY. NO TIME TO GET LEGAL ADVICE, QUESTION, PROVE OR DISPROVE THEIR CLAIMS. MY WITNESS STATEMENT WAS SENT A MONTH AGO!
                              <>TRIED TO GET SUBJECT ACCESS REQUEST FROM LITTLEWOODS. THEY REFUSED AND TOLD ME TO JUST DEAL WITH LOWELL.

                              What do you think?

                              Comment


                              • #90
                                Havent checked my credit file. Will check in a min , its likely to be on there though isnt it if its defaulted? I dont have any debts or finance apart from mobile phone contracts for myself and my wife so never bothered to check.

                                Comment

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