County court papers received out of blue from lowell

[Amethyst]

Re: County court papers received out of blue from lowell

Sorry Scigal, I know it feels like backing down a bit. Wait till they pay your expenses, then callto acknowledge receipt,,,, it's a decent opener to the conversation. Ask if you can have a conversation with them without prejudice, and I'd go along the 'busy at work / no time off to deal with this further' line 'despite being errors with their documents and no default notice', did they want to save time and costs by negotiating a Tomlin order for settlement at a sensible discount. Sort out your IE so you don't get bullied into anything you can't afford - try get the amount down to what you feel it should be (which I think was about £600?) and play it by ear...

[Scigal]

Re: County court papers received out of blue from lowell

Can i negotiate a much lower figure based on them being utterly shit, and not playing ball etc. plus they have till 4pm tomorrow to pay my expenses.....i wont hold my breathe

[Scigal]

Re: County court papers received out of blue from lowell

You know far more than i on this legal stuff so will certainly do as you think is best x

[Amethyst]

Re: County court papers received out of blue from lowell

Right Mrs. I do not want you to get this CCJ, you have too many good things going on in your life and have worked too damn hard to let this 6 year old cock up with a piddly credit card muck things up. Have a look at Dizzy's thread - she's just looking at entering into a Tomlin agreement to stop getting a CCJ and making £20 a month payments on the debt (£2500).

I really do think you should swallow your pride and try and negotiate with the claimants as your case isn't particularly strong especially for a litigant in person.

I'm sorry if I'm sounding bossy or speaking out of turn but it's only because I give a toss xx

Dizzys thread - http://www.legalbeagles.info/forums/...207#post442207 - tomlin is on last but one post (well unless someone else posts)

[Scigal]

Re: County court papers received out of blue from lowell

Ive just had this confirmed as genuine, but ive been invited into the Who's Who book thingy i cant possibly let lowells beat me now!!!

[Scigal]

Re: County court papers received out of blue from lowell

Ooohhh? Xx

[FlamingParrot]

Re: County court papers received out of blue from lowell

Hey all,

i havent had a court date yet. And looked in the work diary today, leave is now blocked due to staff shortages, so whatever happens i think i will have to place my utmost faith in the judge and ask them to make a judgment in my absence.

... or not... :tinysmile_twink_t2: :whistle:

[Scigal]

Re: County court papers received out of blue from lowell

Hey all,

i havent had a court date yet. And looked in the work diary today, leave is now blocked due to staff shortages, so whatever happens i think i will have to place my utmost faith in the judge and ask them to make a judgment in my absence.

[Scigal]

Re: County court papers received out of blue from lowell

Can i just mention point 3

i did receive a letter from lowells. Just saying they acknowledge my letter and all would be on hold until they sent the docs. Then i wrote to them in sept to say they hadnt sent anything.

[Scigal]

Re: County court papers received out of blue from lowell

Oh gawd, i think im about ready to shoot myself how the hell do i cope with this? I dont know how to fight and argue in court.

[Amethyst]

Re: County court papers received out of blue from lowell

I have amended the Skel a bit but it needs all the case law references adding in properly and you need to know and understand the arguments and case law to argue them in court, but before we put all that in (and M1 has everything together on the original) I'm still very dubious about the stat barring issue and this needs a LOT of work. Plus I'm not happy arguing SB. If you can get some statements or transaction lists for Sept/Oct/Nov/Dec 2007 as well as those two dates the alledged random payments were made that might assist. Read the defence without the SB in and make sure it stands up to dismiss their claim. We also run into a little problem in that the original defence was JUST SB wasn';t it, so we should really be amending the defence as the Skellies are meant to further argue the defence as opposed to change it entirely.

Believe it or not I am trying to help though I feel like I'm being a bit of a stick in the mud meany xx

SKELETON ARGUMENT for the Defendant

1) This claim arises from a credit agreement regulated by the Consumer Credit Act 1974 between the defendant and Capital One dated on or around XXXXX 2003.

2) This skeleton argument was ordered by District Judge Byass at a hearing on 30^th May 2014 because the Claimant in this case, despite having been ordered to produce documents at least 14 days before the hearing, failed to do so, and only provided an email copy to the Defendant on the afternoon of 29^th May 2014.

3) The Defendant had requested a copy of the executed agreement pursuant to Section 78 of the Consumer Credit Act 1974 from Capital One in May 2008, and again in April 5th 2010. The Defendant received no responses to either of these requests.

4) On receipt of the Claim in this case the Defendant again asked for a copy of the executed agreement under CPR 31.14 and separately under the Consumer Credit Act 1974.

5) The Defendant does not consider that the copy documents sent on the 29th May 2014 fully satisfy that request in that the Defendant received no copy of the current terms applicable to the account if they had been varied since inception and a signed statement was not together with the copy in any event.

6) The copy of the signed agreement is illegible. Cabot v Bachellier states a copy must be easily legible.

7) The Defendant has not been sent a copy of the default notice that the Claimant intends to rely on. A valid Default Notice is a prerequisite to enforcement of the claim. The Defendant has not been given the opportunity of examining this document.

8) Under s.87 of the Consumer Credit Act 1974 there must be served on the debtor a notice in accordance with s.88 before the creditor is entitled to (a) terminate the agreement; or (b) demand earlier payment of any sum.

9) The Claimant has signed the claim form as “Drydens Limited t/a drysdensfairfax solicitors. A Statement of case with no statement of truth cannot be relied upon as evidence. CPR 22.

10) The Defendant claims that any claim to the debt is statute barred pursuant to section 5 of the limitations act 1980.

11) The defendant has made no payments within the last 6 years. It is noted that the statements provided by the Claimant indicate otherwise but the defendant denies making these payments. The defendant notes that the payments made much earlier indicate method of payment but these latest payments do not indicate a method of payment.

12) The claim must fail due to The Limitations Act section 5 as no payments or acknowledgement have been made within 6 years. Alternatively CCA act 1974 s 78 (6) is a bar to enforcement.

And we're really going to have to have another thread entirely on stat interest and these claims.

[mystery1]

Re: County court papers received out of blue from lowell

Ah ok.

For s78 add Kotecha v Phoenix Recoveries (Rev 1) [2011] EWCA Civ 105 (26 January 2011) and add it to the cases etc at the bottom.

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2011/105.html&query=phoenix+and+kotecha&method=boolean

It's a higher court ruling on s78.

M1

[Scigal]

Re: County court papers received out of blue from lowell

No, i though it was due tomorrow so i added my bits and mailed it to admin to have a glance over before mailing and she said to hold on.

[mystery1]

Re: County court papers received out of blue from lowell

Have you filed the skeleton argument yet ?

M1

[Scigal]

Re: County court papers received out of blue from lowell

I had no idea wtf it meant either M1. But i cant select any dates to avoid because i have to be given dates then i have to check against the dept rota. Theres only two of us to do the clinical work. Other than 23rd because im,lecturing that day down in kent