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

[Amethyst]

It is likely to have fallen off after 6 years from Default so depends when it last updated really.

[Immortal]

Just realised .in their witness statement they are responding to my witness statement. Then in the email they say please note that a copy was sent to you on June 12th. Well that's funny as I didn't even post my witness statement, that you are responding to in your witness statement, until the 13th June!!

[Amethyst]

If it specifically refers to your WS then When you mention that you received their WS only yesterday and the other side says we sent it on the 12th, you can mention that theirs appears to refer to yours so, as yours was posted on the 13th, maybe there's another previous WS you don't have - does the court have a copy ? maybe in the bundle ? (which you also haven't got a copy of )

if they do produce stuff you haven't had at the hearing - ask for an adjournment to read and consider your position etc

their only actual 'evidence' seems to be that internal system screenshot which shows very little and could easily have had your old address added to it. An explanation of the codes ( particular l/rej) is needed.

And mention of course that littlewoods refused your sar ( under data protection ) and told you had to deal only with Lowell.

Good luck today - try keep cool whatever happens xxx

[Amethyst]

On costs - if they do win and argue abuse of process ( to get higher costs ) you argue that it is small claims, you're a litigant in person, their documents have been very late and you've tried your best to find out what the claim is for throughout and even offered to settle previously despite their refusal to mediate and send any evidence of what the claim was for.

[Immortal]

Thanks for all the help. I'll stay cool no matter what. I'll update later as to how it goes

[Immortal]

Well, was seen first and as I sat down the judge tore I to Lowell and asked why they had prejudiced him with an offer I made very early on .They also said that the witness statements were only filed last night. It has been adjourned and he has ordered them to lay my expenses for the day (not a small amount) and that Lowell need to stop abusing the court and that they need to provide ALL the evidence I have asked for . When I came out I have offered a nominal amount to end this all and their solicitor will ask them and get them to write to me. If they say no then I am going to file another witness statement asking for proof of ip address used, proof of postage, proof of delivery and signature, etc

The judge also slammed them for no bundle and for wasting the courts time.

[Amethyst]

Wow that was fast !!!

Well done, sounds like the Judge is the same one who issued that original order then? and really is pee'd off with Lowell's constant abuse of the court system.

Congrats so far - let's see what happens next And kudos on getting decent costs for the day too !!!

[Amethyst]

Actually.....maybe instead of just putting it in a further WS, send a further part 18 request for those specific questions now you know what the purchase was meant to be....then you can put in your WS you have requested those specific details and they have refused/not provided them etc ? Just a thought really.

[Immortal]

Yeah will do that actually. I've made an offer to end this as if it goes through next time and I win but they don't award my costs, I would have paid the same in lost earnings anyway .

[Immortal]

Almost forgot , he also said "hang on this is more than 6yrs old from the last alleged payment. The solicitor pipes up "no sir it goes from the default date" and he repliued "does it?" Dont know what to make from that.

Is there any way that i can find out cases that have been struck out as the last payment has been the date the judge has taken as cause of action? SO i could include it in my witness statement?

[Amethyst]

lol, good man. It's a contentious issue at the moment. THink BMW v Hart was the case that started cocking it up - this case is currently waiting for it's appeal to be heard but should give you an idea of the arguments - http://legalbeagles.info/forums/foru...-on-limitation

[Immortal]

They have contacted me today accepting my offer to end this. With the costs being awarded to me it is hardly anything. Going to accept and pay it and it's all done then.

[Immortal]

They have emailed me and put it as a Tomlin order. To pay X by today. They emailed me over the order and I signed. They then emailed me back with their signature on it and said it has been forwarded to the court to be sealed. It still hasn’t been sealed by the court. I have emailed them a few times saying that I want this sealing by the judge so that they have no comeback.

They have emailed me this today..

“We understand your concern as to the date on the draft Tomlin Order requiring you to pay the sum of £X on 27 July 2018. As the Tomlin Order is still with the Judge the decision as to whether the terms of the Order are enforced can only be done after the Order is sealed.

Even if the draft Order is still with the Judge you are still able to make that payment to our client. Once this payment has been received the Court will be notified that the claim has been paid and your account will be closed.

To ensure this matter is dealt with as efficiently as possible please proceed to make the payment as per the date on the draft Order. The notification of the sealing of the draft Order and the receipt of payment will be provided once both have been processed.

Yours sincerely,”

If I don’t pay this today they are going to go for the full judgement no doubt as they will say I didn’t pay in time. If I pay, is there any way this amount that I pay today will not fully settle it?

[Immortal]

Amethyst


Can’t seem to upload the tomlin order without omitting my personal details

[Amethyst]

email it to me then admin@legalbeagles.info