CCJ claim from lowell

[8iscuit]

thats my defence lol i am terrible with all this stuff and the extra stress im under just struggling to think straight at moment so dont think i can do any better,i will submit soon even though i am late i hope they accept this and thank you for your help

[8iscuit]

hi just to update i have delayed correspondence back from the courts and lowell my local post office on strike so post been late in getting to me
they have sent notice of proposed allocation to the small claims track but this was on 6th may so not sure if i missed out also recieved letter from lowells stating they agree to mediation/settlement through small claim track and sent filled in questionnaire
not sure next move as courts wasnt answer phone this morning and my online profile aint showing much information*

[MIKE770]

get the form into court and agree mediation* they are going to get a Judgment because you are in default ---did you receive the form from the court as well as lowells, if the court sent one move and* get it back.* *have you got all documents you need for a case from lowells if not then that is good, read around the site and see the opportunist action s of the likes of lowells*

[8iscuit]

hi just to update i have delayed correspondence back from the courts and lowell my local post office on strike so post been late in getting to me
they have sent notice of proposed allocation to the small claims track but this was on 6th may so not sure if i missed out also recieved letter from lowells stating they agree to mediation/settlement through small claim track and sent filled in questionnaire
not sure next move as courts wasnt answer phone this morning and my online profile aint showing much information

thank you i will get it sent back first class recorded delivery in the morning and hope i am not to late but had no update so should be good,lowell have not sent all the documents i have requested as i am hoping they dont have them*

*

[MIKE770]

Do when medication ring eventually ask you al documents to mediate you say no they bthen state no mediation and then inform court for next move

[8iscuit]

hi all not heard anything about mediation but just had loads of paperwork sent over to me that they state are default notices,statements and notice of assignment

I'm doubting if this is the correct paperwork though as its itemised bills from the Vodafone and ee account and a letter they say they sent 4 years ago but could of been drafted yesterday with different date applied and on the very account they have what seems like a screenshot of my very account file which basically shows I was in dispute over damaged goods

I think they are trying thre luck they have offered me a tomlin order within this as they say i will loose and its my best options

[8iscuit]

Does anyone know what i should do about this tomlin order? Thank you in advance

[jaguarsuk]

Well they would say that because that’s what they want you to think, so you’ll settle and pay them.

Let’s go through each and check they have sent the documents required. Have you been sent:

Very

Credit Agreement
Default Notice from Very
Notice of Assignment from Very (not from Lowell)

Vodafone

The Terms and conditions you entered into
Notice of assignment from Vodafone (not from Lowell)

EE Finance

Credit Agreement
Default Notice
Notice of assignment from EE (not from Lowell)


If they have not sent ALL of the documents listed for each, then they haven’t got the evidence to substantiate their claim and consequently won’t win it.

Regards the Tonkin Order, whether or not they have evidenced their claim will depend on what you reply.

[8iscuit]

OK yes I think they just want me to pay as they know cant win but this is what I have received...

Very account - a letter dated Feb 17 that appears to gave been sent to myself from very (no records of me receiving this in the past) that says they have assigned ownership of my account to lowell portfolio l Ltd

Also sent a screenshot of what appears tobe my old very account showing I communication I held with very about a broken item I received?

Vodafone - then have sent about 6 months worth of itemised bills for the mobile i held with them at the time.

Ee - sent later dated April 19 which appears tobe from ee stating account been assigned to lowell portfolio l Ltd and I should pay them.
letter from lowell April 19 stating they now own account and I should makw arrangement to pay

All I have received is above it doesnt feel like i have everything they need to enforce the letters sent for very account and ee account could have been drafted and dated anytime as i am not seeing original copy from either company with logos or any identity features.

I might instruct them i wish to refuse tomlin order and take my chances but I could possibly lose

[jaguarsuk]

Okay, so this is where you stand.

Very - they have not provided enough documents as the Credit Agreement and Default Notice are absent.

Vodafone - they have not produced the terms or a notice of assignment. A court can’t rule on a contract when there’s no terms and they haven’t proved their legal right to bring the claim at all.

EE - they have not provided a credit agreement (remeber they say you entered into agreement with EE Finance, finance companies provide credit) and default notice. Therefore they do not have enough to win this portion.

You should simply reject the Tomlin Order and inform them that now they have demonstrated they cannot win they claim that you are inviting them to discontinue.

[jaguarsuk]

I wouldn’t go into detail about what they haven’t provided, don’t prepare them for your argument, Lee it short and sweet.

[8iscuit]

Thank you all for your advice I will inform them I reject the tomlin order as I don't believe I have a case to answer

So will this then go for mediation as not heard anything about that or should I ring courts find out when being passed to a judge

[MIKE770]

Slow down wait next move sit on hands for now

[8iscuit]

Ok thank you I will just wait see what they do

[jaguarsuk]

You’ll hear from the mediation team in due course, you’ll inform them you don’t have all the documents to be able to fully understand the claim and they’ll refer the claim back to the court.

You want to be prompt in responding to anything from the court not wait until deadlines, you want this to move towards the hearing in the shortest time it can, less time for them to find the missing documents.