Court Claim - lowell / hsbc - 24-11-2014

[ncf355]

Re: Court Claim - lowell / hsbc - 24-11-2014

thanks ncf

If i agree to mediation can i still defend the claim? Also what should i do with reference to Lowell not responding to my request?

Cheers

The mediation changes nothing from your perspective - your points are the same

If you believe it is statute barred, you ask them to prove it is not in the mediation

Likewise you ask them for a copy of the alleged agreement and Default notice they claim was sent - without this they have no cause of action

[ncf355]

Re: Court Claim - lowell / hsbc - 24-11-2014

This was the content of the letter i sent to Lowell

STUFF...............

That's spot on my friend, whilst they fail to send this (assuming you can prove it was sent prior to the court action being started?) thats another reason they have no right of action.

[ncf355]

Re: Court Claim - lowell / hsbc - 24-11-2014

Hows that for timing lol

How can I apply to have it struck out?

You would need to make a formal application via a N244 application form - this would cost you (approx £150 I believe?), but if successful, you would get the costs repaid by the other side

The application would state something like:


"The Claimant requests that the court strike out the Claimant's claim as having no reasonable grounds for success based on the following issues:

1) The debt is statute barred under the statute of limitations act

2) The debt is unenforceable following the Claimants failure to supply a true copy within the required timeframe following a formal request under Section 78 of the Consumer Credit Act 1974

3) As there is no evidence of an agreement, but it is believed the agreement took place prior to April 2007, the claim has no merit as it lacks evidence of an enforceable agreement containing the required prescribed terms and thus falls foul of Section 127(3) of the Consumer Credit Act 1974, making the alleged agreement irredeemably unenforceable

4) The Claim ant has failed to show evidence of a Default notice served under Section 87 of the Consumer Credit Act 1974, service of which in the prescribed manner is a requirement prior to the issue of court action relating to a regulated agreement - Furthermore, the Defendant categorically denies that any such notice has ever been served upon his person




The above is my take - obviously you would not put anything in that you are not convinced is the truth!!

[jay1983]

Re: Court Claim - lowell / hsbc - 24-11-2014

Still no response from Lowells and I feel a follow up letter will be a waste of time? I have sent the N180 back to the court to show I am willing to try mediation.

On another note, the receipt i had when i sent the letter recorded along with the postal order has gone missing!!! Can the post office provide me with the tracking numbers etc?