Lowell vs Tmum21

[Tmum21]

Almost time up, have you anything else that could help me, I’m just scared of saying the wrong thing

[echat11]

Almost time up, have you anything else that could help me, I’m just scared of saying the wrong thing

Just stay calm.

Concentrate on points 11, 12 and 13 in your defence.

Explain that they have had 6/7 months to come up with the documents, but still haven't complied. (your defence does this, just highlight it).

Make some brief notes, don't be scared to 'read from them out'. Good luck.

[Tmum21]

Thank you. I’ve just spotted in my emails a reply from court which is good! I’ve had such a busy week with uni it’s taken my mind off it a bit….


"The Defendant's application to amend their defence should be made via application notice. However, given the time constraints it/the position can be considered at the Dispute Resolution 3rd March

[Tmum21]

Nearly 9 months since they made the application actually. It’s been heavy on my mind I just can’t wait to get over and done with now

[Tmum21]

Ive just noticed something, The credit agreements for cap 1 doesnt have a reference number on that coincides with the default notice etc. Theres a number on the statements which have this long number on. But those have no reference to the account or card numbers either. In other words, theres no clear explicit reference on all of the docs per single account.

[echat11]

Ive just noticed something, The credit agreements for cap 1 doesnt have a reference number on that coincides with the default notice etc. Theres a number on the statements which have this long number on. But those have no reference to the account or card numbers either. In other words, theres no clear explicit reference on all of the docs per single account.

That's something you could mention, but I would leave it for the Witness Statement stage.

Good luck again.

[Tmum21]

Im on the call. they are knocking £400 off!! Maybe given chance to amend. he doesnt like the POC

[Tmum21]

Would you accept £40 a month or say no, he thinks they could get the docs?

[Tmum21]

OOoo its been stayed for 6 weeks, to give chance to resolve

[echat11]

I personally would say no.

[echat11]

Write a brief summary, who said what.

Also find evidence of you telling them that you had become unemployed.

You need to stay on top of this.

[Tmum21]

I didn't agree to anything, I said I'd be likely to agree to a small amount if they cut some of the costs tho.

The judge isn't mentioning any figures in the order. He was suggesting to do the agreement and it being stayed. But Overdales were pushing for a judgement. He said it seems to be only thing stopping you now agreeing. I said if they sent the documents through previously then it could have been avoided.

Good points,
The judge started off giving them a roasting for POC being short. He said they would need to apply for it to be amended.
He personally did not accept that screenshot for account 1 but he said other judges can be more flexible - But they have said already they dont have this. How can they make one up now?
He said I would require proof of notice and term. He said they can apply to amend, but he said if they come up with the documents it would be difficult to defend - if they are successful in gaining the amendment.

He didnt mention points 12 or 13 specifically. He said it could be easy for them to get these :s

So I have 6 weeks and then it will be back for another dispute hearing if not resolved.
Judge was really nice to me and explained things etc about reserved costs.

What difference would the employment thing make? The charges?

[Tmum21]

I've just sent a SAR to capital one because the guy on the phone hung up on me

[Tmum21]

The DJ also ripped them apart with the interest costs too at 8% saying hes never awarded an amount like that. He said that overdales need to consider all the costs of amendment etc.

[echat11]

I didn't agree to anything, I said I'd be likely to agree to a small amount if they cut some of the costs tho.

The judge isn't mentioning any figures in the order. He was suggesting to do the agreement and it being stayed. But Overdales were pushing for a judgement. He said it seems to be only thing stopping you now agreeing. I said if they sent the documents through previously then it could have been avoided.

Good points,
The judge started off giving them a roasting for POC being short. He said they would need to apply for it to be amended.
He personally did not accept that screenshot for account 1 but he said other judges can be more flexible - But they have said already they dont have this. How can they make one up now?
He said I would require proof of notice and term. He said they can apply to amend, but he said if they come up with the documents it would be difficult to defend - if they are successful in gaining the amendment.

He didnt mention points 12 or 13 specifically. He said it could be easy for them to get these :s

So I have 6 weeks and then it will be back for another dispute hearing if not resolved.
Judge was really nice to me and explained things etc about reserved costs.

What difference would the employment thing make? The charges?

They might reduce the balance on each account. That would make a big difference to the outstanding balance on each account.