missybees v Lowell Finance ( shop direct )

[missybees]

Re: missybees v Lowell Finance ( shop direct )

Hi thank yo so much,

The issue date was 17th June, I received on 19th June and I acknowledged online on 20th June.
Thanks xx

[missybees]

Re: missybees v Lowell Finance ( shop direct )

Just confirm the responses.

CPR31 - BC refused to comply.
CCA - what happened from Lowell?

Hi I havent had any further correspondence from Lowell - Thanks! x

[Amethyst]

Re: missybees v Lowell Finance ( shop direct )

http://www.legalbeagles.info/forums/...-court-summons is Rip's thread (sorry my fault I used their photobucket username)

[Amethyst]

Re: missybees v Lowell Finance ( shop direct )

Hi thank yo so much,

The issue date was 17th June, I received on 19th June and I acknowledged online on 20th June.
Thanks xx

Okay so defence date should be by 18th July.

You should be able to do it online through MCOL without a problem, I haven't been on MCOL for ages so it might have changed, but you can send it in by post too, which actually is better sometimes as you can say more and attach any documents to it.

[Johnboy007]

Re: missybees v Lowell Finance ( shop direct )

Hi,
Try this to Lowell,

Dear Sir / Madam,
I am NOT going to pay you any money, unless and until you can fulfill the following conditions.
1. Validation of the alleged debt (the actual accounting), not a Photostat copy.
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with The Bills of Exchange Act (1882));
3. A copy of any alleged contract signed by both parties and therefore binding both parties.

I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:


1. That the debt did not exist in the first place;
OR
2. It has already been paid in full;

[missybees]

Re: missybees v Lowell Finance ( shop direct )

Okay so defence date should be by 18th July.

You should be able to do it online through MCOL without a problem, I haven't been on MCOL for ages so it might have changed, but you can send it in by post too, which actually is better sometimes as you can say more and attach any documents to it.

Thank you, so much!! So should I also write to Lowell & Bryan Carter once again asking for the info I previously requested or should I simply file my defence? As I have no records myself how do I defend the claim as I will basically be saying I have no recollection of this particular debt and have asked the claimant to provide proof. to which they have refused. Other than my letters to Lowell & Carter and Bryan Carters non comliant reply letter, I dont really have any documentation to attach.

So sorry for all of the questions!!!! Again Thank you so much! x

[Johnboy007]

Re: missybees v Lowell Finance ( shop direct )

The onus is on Lowell to provide you with the details of any alleged debt, amounts, if any, paid, and the date/s there was a payment.
If they cannot provide this in court, then they will not get judgement.
Make sure you keep on denying the debt, and make it absolutely clear to the court, that you have requested several times, in writing, for Lowell to prove the debt exists.
Good luck, and don't forget to send any mail by recorded delivery. Also keep copies.
Johnaw: