Lowell/shop direct court paper ...what next

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

So ... do I have any hope lol ? Any advice for my witness statements? Thanks

[Amethyst]

Re: Lowell/shop direct court paper ...what next

It is a shame about the £1 payment in 2012 - do you have any idea what this was, whether it was a token DMP payment or did you maybe send a CCA request ? Without that £1 payment the claim would be statute barred so their claim of a £1 payment in 2012 is important and will need challenging in the WS. They state that you made numerous payments to the 'claimant' and the adduced account statement shows this - but neither of them do - they both show last payment as 2009 and the default date of May 2009.

Do you have your bank statement from 3 Sept 2012 per chance ? Showing you didn't make that payment, or any other payment to Lowell would be extremely helpful.

Also you haven't pleaded stat barring in the Defence so that wants looking at once we know whether payments were made to Lowell after assignment or not.

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

Hi I was using a joint bank account back then and I don't have any details if it I'm afraid ... I fled the house and husband with my kids and some essentials and never looked back I couldn't even tell you if I made the payments or not :/

Do you think it's worth explaining my circumstances to them and the fact I'm currently signed off with PTSD and have only basic sick pay ...I have no owned home/car or items and all this is doing is causing serious stress for money I don't have to give them and due to my mental state don't know if I own

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

OK guys do I stand a chance here ? Or are they going to win ? I. Doing my WS tonight so any help is greatly recieved- thanks

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

So after looking online i think (may be wrong) that some legislation was introduced that means because my debt is pretty 2007 they must have the agreement signed and in any event with my name and address at the time ?

The agreement they have provided is neither and doesn't even state an APR or any rates or anything it's like a jeneric copy ?

If this is correct how do I word that into my statement please ?

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

OK guys I need URGENT help ... iv missed the deadline for getting my statement In iv miss read the court letter and witness statements and paperwork was due 2pm 7th November

What do I do ???

[Amethyst]

Re: Lowell/shop direct court paper ...what next

What's the hearing date?

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

5th December...made a stupid stupid error ...

[Diana M]

Re: Lowell/shop direct court paper ...what next

iv miss read the court letter and witness statements and paperwork was due 2pm 7th November

Are you sure since 2 pm is an unusual deadline for a court?

When Lowells served you with their WS I asked you to confirm whether the Directions said 14 days before the hearing or were they date specific. You checked and said it was definitely 14 days before.

If so, then they may have filed their WS early (it's allowed) if the hearing is listed for 5th December.

Did the Notice of Hearing/Directions say both parties should file their WS and any evidence they intend to rely on fourteen days before the hearing, or was it date specific?

it's their witness statements and evidence . The court letter just said 14 days before so yes theirs is early and I plan on getting mine in asap

According to your thread Lowells served their WS on 10th November so they were late if the Directions said 7th November.

I think you should file and serve your WS today before 4 pm and hope that the court accepts this since you are a LIP.

Di

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

OK thanks ...by serve do you mean post via special signed deliver or take it to the court direct ?

I had read the court letter and the 14 days I'm not sure what I was thinking :/ I really would have staked my life it said 14 days :/

Well it's all printed off and in an envelope ready .... wish me luck

[Diana M]

Re: Lowell/shop direct court paper ...what next

by serve do you mean post via special signed deliver or take it to the court direct ?

If you hand deliver it to the court before 4 pm today it will be stamped with today's date (18th November). If you send it by post it won't reach the court until Monday so will be stamped 21st November at the earliest (assuming there isn't a backlog in the post room).

The sooner the better in case Lowells decide to be awkward and make noises to the court about you not complying with the court Order.

Di

[Diana M]

Re: Lowell/shop direct court paper ...what next

I had read the court letter and the 14 days I'm not sure what I was thinking

Did the court Order also say when (what date) the Claimant should pay the hearing fee?

If so check whether that's been paid while you're there

Di

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

OK I will try and get to the courts - my partner should be homes around 3.30 and it is a half hour drive so I'll have to run :/

Can't belive iv made this error I'll have to hope the judge takes pity

[màid_Màrián]

Re: Lowell/shop direct court paper ...what next

I'd like to thank you all again for all your help ... iv botched up Stus witness statment to suit my case lol so with it lacking that credit agreement let's hope it's not enforceable

I noticed stu didn't attention court - I'm liable to break down if I'm honest due to my anxiety and the stress if I attend court do you think in my case I could still win by not attending but emailing them to go ahead without me ?

[Diana M]

Re: Lowell/shop direct court paper ...what next

I'm liable to break down if I'm honest due to my anxiety and the stress if I attend court do you think in my case I could still win by not attending but emailing them to go ahead without me ?

That's why I suggested checking with the court to see if Lowells have paid the hearing fee by the deadline because it's not unknown for a Claimant to fail to turn up either.

The outcome of a case should be decided on legal facts not personal performance. Sometimes going to court and showing the DJ you are human and vulnerable is no bad thing, especially if the other side behave aggressively.

By the time you sit down to Christmas Dinner this ordeal will all be history and your life won't have changed one iota whatever happens in court on 5th December (with or without you)

Di