Lowell/shop direct court paper ...what next

[nemesis45]

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

What did you say to her.?

nem

[màid_Màrián]

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

Very little- I told her I suffering PTSD and have blocked half my life out.

I lost anyway - she argued this was an updated copy of the terms and that she could request the old copy but it's a waste of court time . She kept chanting off legislation that said she didn't need a signed copy even though it was pretty 2007 debt. Unfortunately I don't have the confidence or knowledge to argue

[charitynjw]

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

Hi MM

Sorry to hear the bad news.
Any chance of giving a more detailed account of what appears to be an absolute travesty?

[màid_Màrián]

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

Basically I thought it was going really well ... the judge was really pushing the fact that the agreement was blank and not even a copy of what I would have signed . She argued that TCS update and these new ones would have been sent to me. The judge said that this was still not the TCS from the time and it was blank. She then said that she could request a copy and I could request a stay but this would add more costs to me and I was confused to it. She started quoting legislation to say she only needed a copy of their T&C and I tried to say because this was pre 2007 they needed a signed one. She said that legislation changed and was reading stuff out that just said she needed the copy.

The judge asked me if seeing an original copy would make me suddenly remember the debt and of course I said no ...he then said he felt sure an account was set up and used and that the company had displayed this and I was liable to pay

[màid_Màrián]

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

The judge didn't appear to know the legislation brand both her and him where looking on devices ? Because I didn't know the law and only had my print offs the judge seemed to accept what she was saying . I kept saying she was reading group out legislation regarding post 2007 debt and this was from 2006 but she just said it didn't matter and the judge seemed to accept this

[charitynjw]

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

Did you at any time positively admit liability for the debt, or did you stick to 'honestly can't remember' (or some similar version?

[màid_Màrián]

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

To be fair to the lady who was representing them she had a chat to me before we went in -I was careful what I said and explained I left an abusive relationship and have PSTD and I don't recall this debt and nothing in the claim makes me remember.

When we got into court she conveyed this to the judge and said there was no point her cross examining me as she could see I was physically shaking and felt my answers would all just say I don't remember.

I got the feeling he took her bits of legislation as being true that she didn't need the agreement and that he felt it was probable that the account was mine

[charitynjw]

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

To be fair to the lady who was representing them she had a chat to me before we went in -I was careful what I said and explained I left an abusive relationship and have PSTD and I don't recall this debt and nothing in the claim makes me remember.
Ok, a kind of 'neither confirm nor deny' stance, with supporting reasons.

When we got into court she conveyed this to the judge and said there was no point her cross examining me as she could see I was physically shaking and felt my answers would all just say I don't remember.

I got the feeling he took her bits of legislation as being true that she didn't need the agreement and that he felt it was probable that the account was mine
Imho, & from what you say, the judge was wrong.
At the very least, ss78(1) & (6) CCA 1974 should have kicked in.

http://www.legislation.gov.uk/ukpga/1974/39/section/78

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;F3. .

####

[màid_Màrián]

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

I do feel he was wrong but I got so flabbergasted by the legislation she was quoting I couldn't get words out to argue

Well it's over now - the judge granted me a repayment plan but I'm so gutted to have a ccj against me

[charitynjw]

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

the judge granted me a repayment plan but I'm so gutted to have a ccj against me

Is there any way of repaying it (or perhaps a significant part of it) in the next couple of weeks or so?
Or are you going to just stick to the repayments?

[màid_Màrián]

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

I'll have to stick to the repayments I don't have that sort of money. To be fair again their representative said to the judge she knows ewww her client would ask for payment in 14 days but wouldn't push the matter and also wants supposed to ask for her fee added on but made a lose gesture she didn't feel it necessary... the interest was also cut by the judge from 8% to 4% .

[charitynjw]

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

Ok.

From what you say, imho it would appear that you have been done a disservice.

If you don't mind, though, I'd be interested to seek the views of other posters on this.

I'll await your further comment.

[màid_Màrián]

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

In refelction today I feel I have. The judge has granted them a ccj without what he even admitted wasn't a true copy of the contract -let alone a signed one. He has disregarded all the legislation set out in the consumer credit act . To be honest if there was a way to appeal it or complain I would and I'm not the only thing he really said Is I fell his debt is yours so you must pay it and not anything to do with them not complying with anything they are supposed to. I'm really annoyed with myself for not asking for a stay so they could produce a true copy but in the heat of the moment and already realising I was losing I felt they may have 'found' a copy of the 2006 agreement , however I should have said they have had since may to produce this so why waste more time .

The lady was also using the HSBC case which I kept saying related to post April 2007 debt ... she denied this and I also kept saying my debt was from 2006 and there for needed a signed copy. She actually said 'no judge this isn't true I have forgotten the legislation put in place in 2009 to over turn this but it isn't true'

[MIKE770]

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

wonder if the site Llps will comment, as a set aside could well be in order here another case of a so called District Judge Mis Directing themselves?

[charitynjw]

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

If you wish to appeal, you can do so within 21 days of the judgment/reasons.
Unless you can get fee remission, you would need to consider court costs.
Obviously it's best not to 'kneejerk' a decision.
I'll give [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION], [MENTION=55034]nemesis45[/MENTION], & [MENTION=71570]R0b[/MENTION] a nudge.