County court papers received out of blue from lowell

[Amethyst]

Re: County court papers received out of blue from lowell

pmsl @ proper piss shaped xx

It's just MY thoughts on it that's all and I'm looking more on the safe option side, I know M1 and Pt had thoughts on the CCA so hopefully one of them will give a better idea of what those are and how strong those arguments are.

Amount wise it's negotiating with Lowells, well the solicitors, so wait for others views on the CCA arguments, and you can decide if its worth the risk at court, or if you can use those to try bash down a settlement figure and Tomlin to stop the CCJ thread.

[Scigal]

Re: County court papers received out of blue from lowell

Jesus christ this has gone proper piss shaped

so does it need to be the whole amount i pay? Its too high

[Amethyst]

Re: County court papers received out of blue from lowell

The CCA doesn't put the account into dispute like a formal complaint over fees/terms/ppi etc would. A CCA request not being complied with would stop them obtaining a judgment, but not stop them bringing court action, which is what they have done. A default of the CCA request USED to be a criminal offence and non correctable, sadly that changed because of ambulance chasing scumbags (sorry I mean Claims Management companies) and now while they are in default they can't get judgment, but they can comply at anytime and thats the non compliance argument pooped. Stinks doesn't it. Being in default of a CCA request doesn't even stop them adding charges and interest onto your account

There ARE issues with the CCA they have given you, but personally I don't feel confident enough on those that they will win the day in court, and knowing how strongly you feel about having a CCJ, I don't think it is a risk worth taking for what is, relatively speaking, a small amount.

[Scigal]

Re: County court papers received out of blue from lowell

This is me speaking common sensey wise rather than procedurey LB wise, rather than risk that you could just try and speak to Lowell about a settlement over say 6 months - £120?? a month? - under a Tomlin Order - no stress, no risk of CCJ, and a bit more of an affordable amount each month so you don't lose your job because you can't go in as nursery won't have your son (it wouldn't happen but that's what you're worrying about). I know you can't have a CCJ so really it is my opinion that would be the most viable option for you to take, and I know it is really annoying after coming this far but your main defence is shot and without a solicitor acting for you the CCA arguments are going to be pishing hard to argue and tbh they aren't incredibly strong arguments (IMO again) - but they might be strong enough to argue for a tomlin, and you could mention your evidence that those two payments are a little bit 'suprising' as encouragement.

some baskit Would still be earwigging though!


Ohh shit its a lot more than i can afford though.


Does it not matter then that it was in dispute? I didnt think they could start proceedings?

[Scigal]

Re: County court papers received out of blue from lowell

Maybe you'll have to go in the mortuary where it's quieter xx I would really have expected you to have gotten the order through from court by now, particularly with such tight time scales.

By post do you mean? Nope nothing. Especially not the flipping evidence!

[Amethyst]

Re: County court papers received out of blue from lowell

Hi nibbler, but i know they are so,busy, theres a lot of folk here needing help


ijust feel screwed. If i lose the case Itll be a months pay, which means i cant pay the nursery, and they wont let my son in if it doesnt get paid.

This is me speaking common sensey wise rather than procedurey LB wise, rather than risk that you could just try and speak to Lowell about a settlement over say 6 months - £120?? a month? - under a Tomlin Order - no stress, no risk of CCJ, and a bit more of an affordable amount each month so you don't lose your job because you can't go in as nursery won't have your son (it wouldn't happen but that's what you're worrying about). I know you can't have a CCJ so really it is my opinion that would be the most viable option for you to take, and I know it is really annoying after coming this far but your main defence is shot and without a solicitor acting for you the CCA arguments are going to be pishing hard to argue and tbh they aren't incredibly strong arguments (IMO again) - but they might be strong enough to argue for a tomlin, and you could mention your evidence that those two payments are a little bit 'suprising' as encouragement.

[Amethyst]

Re: County court papers received out of blue from lowell

I tried the call the court a few times today, the only place i can get a signal is next to the mortuary!! And its jolly busy there, it backs onto,theatres too so theres always ppl in and out.

Maybe you'll have to go in the mortuary where it's quieter xx I would really have expected you to have gotten the order through from court by now, particularly with such tight time scales.

[FlamingParrot]

Re: County court papers received out of blue from lowell

glance read trough this do you live in Northampton if not and you want all the paperwork ask Northampton to transfer it to your local court and don't for get to keep copys of all your expenses

Just for the sake of clarity and anyone reading this and not the entire thread, Northampton is just the bulk centre for money claims, when the case progresses to the point of having to attend a hearing it gets transferred to your local court.

[Scigal]

Re: County court papers received out of blue from lowell

I tried the call the court a few times today, the only place i can get a signal is next to the mortuary!! And its jolly busy there, it backs onto,theatres too so theres always ppl in and out.

[russelldash]

Re: County court papers received out of blue from lowell

LOL still finding my way around again the navigation is nuts shut up Russell

[Amethyst]

Re: County court papers received out of blue from lowell

glance read trough this do you live in Northampton if not and you want all the paperwork ask Northampton to transfer it to your local court and don't for get to keep copys of all your expenses

lol Russell, you did a VERY quick glance didn't you xx We're a bit beyond that now.

[russelldash]

Re: County court papers received out of blue from lowell

glance read trough this do you live in Northampton if not and you want all the paperwork ask Northampton to transfer it to your local court and don't for get to keep copys of all your expenses

[Amethyst]

Re: County court papers received out of blue from lowell

Before we worry about laying out the Skeleton Argument we have the issue of what the defence is. We know that statute barred is out, regardless of those two invented payments we have definite payments in October and probably December. I sussed that going through the docs writing a draft skeleton for you for the stat barred defence. It is better to know that now than in court and I wouldn't be happy ignoring it and hoping the claimants don't notice.

So we have CCA issues.

Application doesn't have relationship to the terms they sent you.
They havent sent you current terms
there's no default notice
there doesn't appear to be a complaint statement of account notice

[Amethyst]

Re: County court papers received out of blue from lowell

Did you ring the court to confirm what the actual order was? 1 week to do a skelly is very very short on time.

[Scigal]

Re: County court papers received out of blue from lowell

Thank you xx