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Lowell/shop direct court paper ...what next

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  • #106
    Re: Lowell/shop direct court paper ...what next

    Ok, the plot thickens.
    There are 2 companies, Company No 05355009 & Company No 04660974.

    05355009
    https://beta.companieshouse.gov.uk/c...history?page=2
    Changed name from Everyday Management Services Ltd to Shop Direct Finance Company Ltd - 19th November 2008.
    https://s3-eu-west-1.amazonaws.com/d...stMonP6BwgU%3D
    Changed name from Shop Direct Finance Company Ltd to Littlewoods Finance Company Ltd - 5th January 2009
    https://s3-eu-west-1.amazonaws.com/d...OaYosJGCwgU%3D

    04660974
    https://beta.companieshouse.gov.uk/c...history?page=3
    Changed name from Littlewoods Finanance Company Ltd to Shop Direct Finance Company Ltd - 5th January 2009
    https://s3-eu-west-1.amazonaws.com/d...OaYosJGCwgU%3D

    So on 5th January 2009, the 2 companies appear to have swapped names.

    Both company numbers are registered address Aintree Innovation Centre from 31/01/2006. (But the names have changed at various times).

    But as far as I can see, Shop Direct Finance Company Ltd (the name) didn't exist until November 2008.
    Last edited by charitynjw; 2nd December 2016, 01:09:AM.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick
    • 3 likes

    Comment

    • #107
      Re: Lowell/shop direct court paper ...what next

      Lovely ... in my witness stament I pointed out the 03 number was created at the time I would have signed such an agreement either .... also it has no name, Apr or credit limit etc ...and .... says £12 late fee but at the time it would have been £25 ( I got all this from stu's defence)


      But thanks for the above I'll jot it down to mention

      You guys need medals
      • 2 likes

      Comment

      • #108
        Re: Lowell/shop direct court paper ...what next

        Originally posted by màid_Màrián View Post
        Lovely ... in my witness stament I pointed out the 03 number was created at the time I would have signed such an agreement either .... also it has no name, Apr or credit limit etc ...and .... says £12 late fee but at the time it would have been £25 ( I got all this from stu's defence)


        But thanks for the above I'll jot it down to mention

        You guys need medals
        Take evidence to court (Screen shots, web links etc......whatever you can get)
        3 copies of each (For judge, Lowells & yourself)
        Apologise to judge for not providing more authentic evidence....if only Lowells had responded to your requests for info in a timely fashion, you would have been able to address this earlier, & not wasted precious court time & money! :tinysmile_twink_t2:
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick
        • 2 likes

        Comment

        • #109
          Re: Lowell/shop direct court paper ...what next

          Brilliant am I aloud to submitt it ?

          I really hope I win lol without sounding daft is saying 'I don't remember this debt' going to be OK?

          It is the truth ... with my past my mind is a blur and whilst I know I did have catalogues I never thought I had one for this amount. The account said I bought 10 items but God knows what they are :/

          Comment

          • #110
            Re: Lowell/shop direct court paper ...what next

            Originally posted by màid_Màrián View Post
            Brilliant am I aloud to submitt it ?
            Judge's discretion, of course, so ask for permission, but if it shows that the other party's case is flawed I can't see it being disallowed.

            I really hope I win lol without sounding daft is saying 'I don't remember this debt' going to be OK?

            It is the truth ... with my past my mind is a blur and whilst I know I did have catalogues I never thought I had one for this amount. The account said I bought 10 items but God knows what they are :/
            So just tell the truth!
            ####
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick
            • 1 thank

            Comment

            • #111
              Re: Lowell/shop direct court paper ...what next

              Lovely

              I feel lowell know their stuff is flawed so that's why they didn't send me copies earlier for my defence
              • 2 likes

              Comment

              • #112
                Re: Lowell/shop direct court paper ...what next

                Originally posted by màid_Màrián View Post
                Lovely

                I feel lowell know their stuff is flawed so that's why they didn't send me copies earlier for my defence
                Which, of course, you'll say in court as part of your defence.

                Also, Nomura v Granada [2007] might help.

                Para 37 (In particular the last sentence).

                In my judgment, when regard is had to these authorities the key question must always be whether or not, at the time of issuing a Writ, the claimant was in a position properly to identify the essence of the tort or breach of contract complained of and if given appropriate time to marshall what it knew, to formulate Particulars of Claim. If the claimant was not in a position to do so, then the claimant could have no present intention of prosecuting proceedings, since it had no known basis for doing so. Whilst therefore the absence of present intention to prosecute proceedings is not enough to constitute an abuse of process, without the additional absence of known valid grounds for a claim, the latter carries with it, as a matter of necessity, the former. If a claimant cannot do that which is necessary to prosecute the claim by setting out the basis of it, even in a rudimentary way, a claimant has no business to issue a Claim Form at all "in the hope that something may turn up"

                & a link to the case if you want to take copies to court
                http://www.bailii.org/ew/cases/EWHC/Comm/2007/642.html
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick
                • 2 likes

                Comment

                • #113
                  Re: Lowell/shop direct court paper ...what next

                  Hey anyone know anything I could print out to show the 03 number wasn't in rotation until after the supposed date of this account and that the late charge at the time was £25 not £12 .... I did get the above off stu's defence lol

                  Comment

                  • #114
                    Re: Lowell/shop direct court paper ...what next

                    What are 03 numbers? - Ofcom

                    https://www.ofcom.org.uk/phones-telecoms-and-internet/.../what-are-03-numbers



                    7 Sep 2009 - Ofcom introduced UK-wide 03 numbers as an alternative to chargeable 08 numbers, such as 0870. ... Ofcom text phone, 0300 123 2024 ...
                    • 2 likes

                    Comment

                    • #115
                      Re: Lowell/shop direct court paper ...what next

                      That's lovely thanks

                      Just need anything for the late payment fee and I'm ready to go ...all printed out and in a smart file ...and totally and utterly petrified
                      • 1 thank

                      Comment

                      • #116
                        Re: Lowell/shop direct court paper ...what next

                        OFT (as was) April 2006 guidance unfair charges
                        https://www.gov.uk/government/upload...445/oft842.pdf
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb

                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.

                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment

                        • #117
                          Re: Lowell/shop direct court paper ...what next

                          OK...next time you hear from me I will let you know if we managed to win this lol thats again guys
                          • 3 likes

                          Comment

                          • #118
                            Re: Lowell/shop direct court paper ...what next

                            Hi mM

                            Any supporting evidence (such as given at posts 114 & 116), or any case law, try & take 3 copies of each (for judge, Claimant & you).
                            It will earn you Brownie points!
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb

                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.

                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick
                            • 1 thank

                            Comment

                            • #119
                              Re: Lowell/shop direct court paper ...what next

                              I have ... iv printed all my stuff off and have it in a neat display file in order ... all recipes and letters and he extra stuff I've printed off today I have added and put 2 sets of copies in plastic wallets too

                              Doubt I'll sleep much lol
                              • 1 thank

                              Comment

                              • #120
                                Re: Lowell/shop direct court paper ...what next

                                Iv just been sat in a room with their representative who had been questioning me on why I don't remember and asking if I want to just admit it she can ask the judge for installments etc for me
                                • 1 thank

                                Comment

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