County court papers received out of blue from lowell

[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?

[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

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

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

Is there a glimmer of hope though?

Would i have to admit the debt ? ( because i still think this is seriously shakey)

[mystery1]

Re: County court papers received out of blue from lowell

I'll be looking at it soon, but i would still put them to proof on sb. If nothing else the "phantom payments" make their credibility doubtful.

M1

[Amethyst]

Re: County court papers received out of blue from lowell

Okay Why do you think it is shakey ? - do your basic points for the skeleton, that'd be a good start. I'm not chucking in the towel for you btw, just trying to be realistic and objective based on the information we have.

I'll be looking at it soon, but i would still put them to proof on sb. If nothing else the "phantom payments" make their credibility doubtful.

M1

I agree. That October 2007 payment is pretty much set though. ( Claim issued November 2013)

[Scigal]

Re: County court papers received out of blue from lowell

Ok i think my main points are: and how many of them have any bearing i have no idea.

1) sb (maybe...)
2) no lba
3) unenforceable because they didnt provide me with all the docs i requested, just ignored me. I asked for ccs, copies of docs mentioned in aggreement aswell as statement of acct.
In fact the so called lbs in the docs is unclear, and purposely hidden i believe to make it easy to overlook and be easily missed. Purposely stops LIP from being able to challenge it.

4) the form isnt signed properly


The cca i did get the day before , well the signature doesnt match 3 of my bank cards... Im worried its faked tbh. I havent seen the original cca to work out if its genuine or not.

the court issue date is 5th nov.

My bloody toddler still hasnt settled down, im gojng to have to go soon

[Amethyst]

Re: County court papers received out of blue from lowell

Yep look after little one, we'll keep thinking don't worry xx

[Scigal]

Re: County court papers received out of blue from lowell

I cant go really though, i have to print something out and send it tomorrow.

[Scigal]

Re: County court papers received out of blue from lowell

Poor luv gets dragged out of bed at 615, hes utterly hanging just lately!

[Scigal]

Re: County court papers received out of blue from lowell

Im going to have to shoot off guys, i have a bawling lunatic shouting at the top of the stairs!!

ill catch up soon as i get into work, about 730 x i do appreciate all your work, you really do your best for us little people. Thank you xxx

[mystery1]

Re: County court papers received out of blue from lowell

Argh. Before you go hopefully, do you have a copy of a default notice ?

M1

[mystery1]

Re: County court papers received out of blue from lowell

Don't forget to edit and/or add where needed.

Any other input welcome.

scigal.doc

M1

[Scigal]

Re: County court papers received out of blue from lowell

Nope x