Court Claim - Lowell / Shop Direct - 13-1-2016

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Did that conversation take place with Lowell Solicitors and not Lowell Portfolio or Lowell Financial (the Claimant)? If so then that indicates they (not Bryan Carter) are instructed and you should have received a Notice of Acting from the court to confirm the change/substitution.

Why not include some (not all) of that Lowell's telephone conversation in your Witness Statement (WS). State that on the 18th July 2016 you spoke to Miss X who confirmed that they don't have all the documents which you requested in your CPR 31.14 letter. Inform the court (and exhibit your CPR Request letter) that you have no recollection of receiving a Default Notice or Notice of Assignment (only if that's true) which is why you've asked the Claimant to provide them.

Obviously you'll refer to their non compliance with your s.78 request but I see no need for you to refer to the account being opened after April 2007. It's the Claimant's job to provide the court with evidence. If they've got a copy of the "agreement" (as they have said) then they should disclose that to the court and to you with their WS.

Post up your WS before you file it.

Also ring the court and check again whether they have received anything from Lowell. The lady on the phone may say Lowell has not sent you anything but that doesn't necessarily mean they haven't filed a WS at court with a copy served to your old address. The court told Lowell to file a WS 14 days before the hearing. If they haven't done that they may face sanctions if they file it late which could mean their evidence may not be allowed.

Sometimes it pays to have a cynical attitude towards debt purchasers.

Di

Thanks again for your reply...

Can I email a copy of my witness statement over to you?

I just rang Lowell again and they stated that they haven't provided a witness statement to the court yet...I also rang the court and confirmed this. I shall add this to the witness statement.

Also...How do I "exhibit" the exhibits if you understand what I mean!?

Thanks

[Diana M]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Can I email a copy of my witness statement over to you?

I just rang Lowell again and they stated that they haven't provided a witness statement to the court yet...I also rang the court and confirmed this. I shall add this to the witness statement.

Post your WS on this thread for general forum help.

And will you stop ringing Lowell because you're only encouraging them to file a last-minute WS with evidence when it may be to your advantage if they don't

Hopefully you got the name and 'rank' (i.e. claims handler) for the person you spoke to today.

Di

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Post you WS on this thread for general forum help.

And will you stop ringing Lowell because you're only encouraging them to file a last-minute WS with evidence when it may be to your advantage if they don't

Hopefully you got the name and 'rank' (i.e. claims handler) for the person you spoke to today.

Di

Hi again,

Thanks...I didn't want to post on here as it has all my personal details on?

Sorry...I only rang as they stated yesterday that they would email a copy of "said agreement and anything else they might of had" which they haven't done yet.

Yes, I got the names of both the person I spoke to yesterday and the person I spoke with today.

Regards

[MIKE770]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Stop ringing them everything in writing may be used as evidence whereby telephone calls can be denied

- - - Updated - - -

Post WS on here take copy and blank out personal information and account numbers etc, that way we can help you, post the blanked out copy on here

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Ok here is a copy...

I understand it jumps from 8 to 10 but i'll be adding the bit about the telephone conversation there.

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Ok so lowell have just emailed me their witness statement....

It appears to include a copy of the cca, a statement and a couple of letters from them?

Can somebody please help me...the day is running to a close and I need to know if I need to get this down to the court today???

Thanks

[charitynjw]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

After all this time they manage to come up with documentation?

Smacks of 'ambush' to me.
[MENTION=87380]Diana M[/MENTION] [MENTION=55034]nemesis45[/MENTION] for views.

[nemesis45]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

After all this time they manage to come up with documentation?

Smacks of 'ambush' to me.
@Diana M @nemesis45 for views.

Can we see their WS please just remove claim Number and your details.
A copy of the alleged agreement would also help.

nem

[Diana M]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

so lowell have just emailed me their witness statement....

It appears to include a copy of the cca, a statement and a couple of letters from them?

Would those "couple of letters" be a Default Notice and a Notice of Assignment?

Lowells have served their WS ten days late.

You may need to react to the evidence they've disclosed in your WS.

Without seeing the paperwork (their WS and evidence) I'm not in a position to comment.

Di

[nemesis45]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Is the WS from Lowell Solicitors Ltd?

nem

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Would those "couple of letters" be a Default Notice and a Notice of Assignment?

Lowells have served their WS ten days late.

You may need to react to the evidence they've disclosed in your WS.

Without seeing the paperwork (their WS and evidence) I'm not in a position to comment.

Di

I've already attached all the info a couple of posts above.....

[nemesis45]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Sure....

Its all here:

My thoughts on the WS.

1. Better than normal for Lowell sols.

2. Online agreement looks complete and is I think correct for the time the account was opened.

3. WS shows that certain good were ordered and delivered ( acceptance of the credit facility)

4. Statement looks like a genuine record of transactions.

5 Dream has made no mention of a dispute with SD and SD records show no dispute.

6 What if anything can be entered in defence???

7. Balance Of Probabilities on which a judge has to rely is that the debt is payable.

If anyone can show otherwise please. please say so I don't like Lowell winning.

nem

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

My thoughts on the WS.

1. Better than normal for Lowell sols.

2. Online agreement looks complete and is I think correct for the time the account was opened.

3. WS shows that certain good were ordered and delivered ( acceptance of the credit facility)

4. Statement looks like a genuine record of transactions.

5 Dream has made no mention of a dispute with SD and SD records show no dispute.

6 What if anything can be entered in defence???

7. Balance Of Probabilities on which a judge has to rely is that the debt is payable.

If anyone can show otherwise please. please say so I don't like Lowell winning.

nem

Hi again,

Thanks...that is what I thought! I always had this feeling in the back of mind that I would be one of the ones that wasn't successful! Just my luck!!! :tinysmile_cry_t:

So my next question is...what next? Do I ring lowell and try to make some sort of arrangement? Please advise?

Thanks

[Diana M]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

Sure....

Its all here:

You've left your personal details on that Lowell's WS so I've asked Site Team to remove them for you. However I have seen them

Page 1 Para 1 says "the account was started by way of an agreement dated 31st May 2011". They refer to Exhibit AS1 which appears to confirm the account start date as 31st May 2011 with your name typed on the "agreement" as Miss *G* Xxxxxx (Page 6).

Page 1 Para 3 refers to the "statement of account" being "indicative of the debt incurred". They refer to Exhibit AS2 as the statement. They say it "evidences that the outstanding principal sum is due and owing".

Really? Are they sure about that ?

Page 12 Exhibit AS2. On the top left of the statement it refers to "account opened on 1st February 2010" i.e. NOT the 31st May 2011 as per their WS.

Next to that it has your name Miss *G* Xxxxxxx with a Date of Birth as XX/XX/1986. The account number on the statement is XXXX5479

Page 13 Exhibit AS2 shows the account opened date as 1st February 2010 (not 31st May 2011).

On this statement the account holder's name is Miss *J* Xxxxxxx with a Date of Birth XX/XX/1970. The account number on the statement is XXXX0431.

So those statements (which they are relying on as evidence) appear to be for two different accounts with two different account holder names with two different DOB.

There's no mention of any Default Notice served or any DN exhibited showing that the account was lawfully terminated before it was assigned to Lowell.

Always run forensics over any WS and Exhibits to see if they are 'honest and accurate'.

Di

[DreamX]

Re: Court Claim - Lowell / Shop Direct - 13-1-2016

You've left your personal details on that Lowell's WS so I've asked Site Team to remove them for you. However I have seen them

Page 1 Para 1 says "the account was started by way of an agreement dated 31st May 2011". They refer to Exhibit AS1 which appears to confirm the account start date as 31st May 2011 with your name typed on the "agreement" as Miss *G* Xxxxxx (Page 6).

Page 1 Para 3 refers to the "statement of account" being "indicative of the debt incurred". They refer to Exhibit AS2 as the statement. They say it "evidences that the outstanding principal sum is due and owing".

Really? Are they sure about that ?

Page 12 Exhibit AS2. On the top left of the statement it refers to "account opened on 1st February 2010" i.e. NOT the 31st May 2011 as per their WS.

Next to that it has your name Miss *G* Xxxxxxx with a Date of Birth as XX/XX/1986. The account number on the statement is XXXX5479

Page 13 Exhibit AS2 shows the account opened date as 1st February 2010 (not 31st May 2011).

On this statement the account holder's name is Miss *J* Xxxxxxx with a Date of Birth XX/XX/1970. The account number on the statement is XXXX0431.

So those statements (which they are relying on as evidence) appear to be for two different accounts with two different account holder names with two different DOB.

There's no mention of any Default Notice served or any DN exhibited showing that the account was lawfully terminated before it was assigned to Lowell.

Always run forensics over any WS and Exhibits to see if they are 'honest and accurate'.

Di

Ah yes...

Thank you very much for looking at that! I hadn't even noticed that all!

I'm sorry I left the personal details there but I was out at the time and couldn't remove any...

So ok...where do we go from here??

Thanks