County Court - Lowell - Help

[patters1978]

Morning bump for help

[patters1978]

Has everyone disappeared from this forum?

[Token23]

I have similar situation, it does seem everyone has disappeared?

[GBExile]

I have similar situation, it does seem everyone has disappeared?

I know. It is a bit disappointing. Especially as I have paid for the subscription.

[ostell]

It's just confusing when you talk about the claimant sending a defence. You are the defendant and it is you sending a defence

[patters1978]

I do apologise for using the incorrect terms when trying to explain but sadly that's the reason I use this forum because I have absolutely 0% knowledge about anything im trying to do here.

So see my post and just disregard the defence word for case against me?

[patters1978]

Can anyone please explain if lowell has to provide actual copies of the default notice ie a addressed letter to me?

Or will the screen grab of some kind of system that says a date the default notice was sent is correct?

[Celestine]

pt2537 would best explain the importance of default notices. A screen grab showing one may have been sent does not prove it was and certainly does not tell us if the notice was flawed.
Lowell sending a witness statement 16 days before trial is in breach of what the court ordered, so you should argue that the witness statement not be allowed as evidence.
However, when you say the two CC accounts - "Lowell has supplied everything" - Do you mean all CCA documents, statement of account etc?

[patters1978]

Thank you for the response CELESTINE.

Just to confirm there papers have the following

Account 1 Credit Card
CCA, SOC, Default, NOA

Account 2 Shop Direct
CCA, SOC, NOA

Account 3 Shop Direct
CCA, SOC, NOA

The 2 shop direct include a screen shot of when a default notice was served not a letter.

I have contacted the court via email asking regarding my concerns which they can not talk about they could only inform me that the court fee had been paid.

the court date is the 26th oct the papers sent from lowell are dated the 14th oct

What should i do now?

[patters1978]

So tomorrow is the day for court i have no clue whats going on or what to do?

Can anyone help in anyway I what I should be expecting here.

Cheers

[seduraed]

`-It's not going to be big or scary. It looks like you have not been served well by the forum. You should argue initially as there are three amounts of money from two different creditors that Lowells have abused the process by serving them as one.
Ask to get the claim thrown out on that basis.
You don't say how old the claims are if unacknowledged for more than six years they will be statute-barred and not
enforceable in court.
If you can pay in 28 days of judgement no judgement will be recorded against you.
You may be able to get a tomlin order.
Take a thorough income and expenditure and make a realistic settlement offer.

[patters1978]

Hi thanks for the response

The hearing is to be done by telephone according to the letter?
debt is not statute-barred.

[Celestine]

Good luck Patters - Two accounts without default notices is the key issue, as proof of service of a DN is a pre-requisite for termination and enforcement. Lenders have a duty to serve such documents and be able to prove they have done so not just by screen shots, but by keeping easily accessible copies of such documents digitally so that in the case of a legal dispute the terms of the default notice can be assessed. Not being able to provide such documents is evidence of sloppiness and lack of respect for the Consumer Credit Act's consumer protections.

[patters1978]

Cheers

What im not understanding is the hearing letter stated that additional directions were needed and that lowell needed to provide copies of default notice by the 14/10/20 or else it would be struck out, now they have provided papers on the 14/10 but they obviously are missing the default notice copies from 2 of the 3 debts.

Why has this not been struck out already? will the court see this as one case so if any paperwork is missing its all struck out or will they individually allow lowell to win on one of the 3 that have the correct paperwork.

Also the phone call anyone done one of these things what happens?

[Celestine]

Because Lowell have chosen to lump 3 claims together, technically they can’t win in one and lose on another but you never know...
The fact that Lowell have failed to provide the DN is very serious and you must strongly and politely insist that the court abides by its own order and strikes the whole claim
The ‘hearing’ will be a phone call between you, Lowell’s rep and the Judge. Just speak when asked to by the Judge. Let Lowell’s rep speak without interrupting but note any points you wish to disagree with when it is your turn.
Refer to the Judge as “Your Honour”.
Fingers crossed for you!