Lowell vs AATJJJ **ADVICE PLEASE**

[Aatjjj]

So still no reply from Lowell to my emails or anything from court , I have until 25 th as my 7 days to appeal .

Do I apply for strike out on grounds of no information and non compliance .... without knowing what they have said ?
or do I just sit tight .

I must admit I am a little stressed over the whole thing !
also if it does strike out then can they just start it all over again ?? With a new claim ?

what do you think I should do and whats the latest I can leave it To apply to strike out ?is it an online form ? Or does it need posting .

I am still really miffed that the judge lifted the stay knowing I didn’t know and mentions this ! But still allows it .

[Aatjjj]

So I tried then again by phone as no reply to emails still no joy .... there telling me the reason it was stated was because the court didn’t receive there defence so now they gave mine but I don’t have there’s .... seems a bit unfair

Still insisting they don’t need to send the information on the application to unstay and cannot day if they’ve sent me anything else ..... apparently you can’t talk to case handlers by phone ??? Go figure

[Aatjjj]

so I finally had contact from them via emal.

Still no documents about the application to have stay lifted, only a copy of the notice from the court.

But in the email also is a statment of the account (just a transaction list no running totals etc or statments but does clearly show all extra charges ), and an application online (which Im not sure is mine as the info is odd ) and a default letter again dated 2006 (which I never got ).

This is the first time I have had these documents and they havent sent them other than by email or complied with my request before now.

There is also an offer of a tomlin order......what do I do now?...should I accept this, or do I still fight as the charges etc, plus failure to comply with process?

[Amethyst]

They haven't actually sent you any documents still have they - only this transaction list ? your defence still stands and if you continue defending rather than negotiating to settle with the Tomlin order, then they will have to produce the documents - specifically they will need to comply with your cca request. Be an idea to reply to their letter to say they have still failed to evidence their claim and you are happy to proceed with your defence of the claim (and possibly - if you wanted - negotiation on their settlement figure )

[Aatjjj]

So the court will say the transaction list isn’t sufficient it’s just a list of all money or out no running totals . The judge won’t say its proof ?
Does the email count as they’ve sent to me ?

im happy to defend but don’t want to run the risk of a ccj and can’t pay in full the amount required.
so I need to word somehow about the charges and reduced settlement maybe ?
whats the chances of them accepting it without the Tomlin order ?
Or how much of a reduction to ask for ?
im not sure what to do .

[Aatjjj]

Ok so I’m out of time to Respond or file strike out now so I need to write to them or defend but am still at a loss of what to do next

[Aatjjj]

Any help with a reply please

[Amethyst]

The only way ( other than a full and final one off payment ) to settle by installments ( if you didn't want to continue defending ) would be under the Tomlin order - this should put the claim back on a 'stay' and only if you defaulted on the arrangement would the claimant be able to ask for a CCJ.

Otherwise your claim proceeds on your defence already filed .... so it's a case a looking at that and what documents the claimant has provided since then and assessing from there.

What is odd about the application they have sent you ? I assume you mean they have sent the agreement ... if you can redact and post that it would be easier xxx

[Aatjjj]

its just a screenshot of a form with my details (and no way my details they tripled my income and my jobs wrong ) with no terms and conditions or dates just two pages of incorrect info. ill try to send a copy.

If they havent sent details do I still have a strong case.......

[Aatjjj]

this is the document

[Aatjjj]

Screenshot 2019-07-29 at 12.35.13.zip

[Aatjjj]

what do you think ?...is it non compliant?

[Amethyst]

its just a screenshot of a form with my details (and no way my details they tripled my income and my jobs wrong ) with no terms and conditions or dates just two pages of incorrect info. ill try to send a copy.

If they havent sent details do I still have a strong case.......

That's not an agreement.

Seems to be dated Dec 2018 ?? Is your DOB right ? Address from when the account was opened?

[Amethyst]

[ATTACH]n1478916[/ATTACH]

and that letter is just saying what might/should have happened. It's not evidence. Also pretty sure you couldn't 'e sign' credit agreements until 2004.


Edit: Yes - > http://www.legislation.gov.uk/uksi/2004/3236/made

[Amethyst]

So yes they are still in breach of your CCA request and thus cannot enforce the agreement. Why on earth have they lifted the stay now when they still don't have any of the documents? Bizarre. Hey ho, it is better for you as you get it over with rather than waiting about for years until they DO come up with the agreement.

So now you're just waiting for directions ( likely a hearing date and directions to exchange witness statements and documents ) from the court they have transferred the case to.