Lowell vs Tmum21

[echat11]

It’s not mediation, the my said it’s unsuitable, it says I need to send the court evidence and documents 14 days before the hearing. It’s like a new stage they’ve put in at Sheffield because of the backlog from covid. Maybe it’s like to reassess the case to see if it continues to a normal hearing? Do you think I should just email and say further to my previous statements I still have not received all of the documents?

Email and phone (do both) the Court to say you haven't received the requested documents.

But also prepare and ready to send the court evidence and documents as the court has requested. Give the court a bit of time to come back to you.

[Tmum21]

So the post has just arrived This morning and there is a document in there with no letter head saying that they have sold to Lowell but in the back it’s saying details for Lowell.

jm just completely lost with it all and I don’t even know what my defence is any more

[Tmum21]

These documents weren’t in the Previous lot of documents when I put a sar in. I think it was a sar I requested?

[Tmum21]

Looking through their paperwork now in their statement it says the original copy of the default notice isn’t available because they changed systems so they included a screen shot of the computerised system saying it would have been sent in compliance with s87

[Tmum21]

It says reconstituted copies of the notice of assignment are included too (this and previous comment is for shop direct)

[Tmum21]

Capital one also has reconstituted credit agreement. And notice of assignment. Does this matter?

[echat11]

Why do you think you need to use 5 posts to convey information?

You need go through everything, get organised.

https://debtcamel.co.uk/ask-cca-agreement-for-debt/

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

https://debtcamel.co.uk/debt-default-date/ (just because they sent it, doesn't mean you received it, plus they can't prove a copy).

I'm sure they should provide original letters of assignment and not reconstituted ones.

What you could do is prepare another Defence with the documents they've provided.

https://legalbeagles.info/library/gu...-court-claims/

Evidence the 'floors' in the documents they've sent.

Celestine

[Tmum21]

I was just putting different things unnoticed as I saw them sorry.

I’ve just no clue what I’m doing and reading through their statement they’ve scared me. They have said basically I’ve used the accounts and I shouldn’t get away with paying them mentioning I’ve not engaged with them at all. I don’t know what a good defence is. I mean what springs to mind is that seeing as I’ve had no letter of assignment etc so I have to engage with them. Even knocking that I still haven’t spoken to them! Like as if to force me to speak to them and settle before court or they will add more charges.

Are these points to go on? They’ve put like a blank template letter for the reconstruction of one of them.

oh and another thing…. they’re saying I used a template. Like who cares what I used it still counts?!?!

sorry I’ve gone into panic mode

[echat11]

You really need to calm down.

What are they referring to? 'they’re saying I used a template', was it for the initial Defence?

[Tmum21]

Yes the template used from here, it’s the only communication they have from me

[Tmum21]

Yes the template used from here, it’s the only communication they have from me

[Tmum21]

Didn’t mean to post twice! Came back to my phone and was stuck in the comments box still

[echat11]

O.K. with these templates they need to be amended 'meticulously', the template gives you options, if you leave both in, then they know it's a template. Always good to get someone to read through it to pick things up.

Now that they have provided the documents, they've invited you to provide your defence / evidence., you have 14 days.

[MIKE770]

Example Defence

[Tmum21]

Thank you, court has asked for both sides to enter documents within 14 days of the telephone hearing which is 3rd March. They’ve only just sent all this through so now I guess I have like 3 days to reply not 14
it’s just strange doing it this way, kind of like the first defence point but it’s not. Would I still use this as a template?