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Lowell Portfolio I Ltd v Siouxsie

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  • #31
    Re: Lowell Portfolio I Ltd v Siouxsie

    Probably the statutory interest. Don't worry about it if they get judgement it will be for the amount claimed. The sending off directions questionnaires early is clearly meant as in intimidation measure and because Lowel don't know their arse from their elbow. Also don't read too much into it about whether they have the CCA a or not I don't usually supply base until witness statement time which is approximately 14 days before the hearing.
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    • #32
      Re: Lowell Portfolio I Ltd v Siouxsie

      Originally posted by Siouxsie View Post
      Does this route also mean that they can't find the original CCA ?
      It's never easy to second guess why a Claimant wishes to proceed to court but I see they've ticked the box to agree to Mediation. This could indicate that they're hoping you'll do the same so that they can get a settlement without the need to go to court.

      Some creditors use the two stage process (summons followed by Mediation) as a way to bully money out of debtors knowing that they (Defendant) fear getting a CCJ.

      Others hope that they'll get the paperwork by the time they have to file their WS further down the line. If it's in the Small Claims Court and you are a LIP they won't be worried about paying legal costs even if they lose unless the court thinks they've acted unreasonably.

      I wouldn't worry yourself about their motive. If they don't come up with the paperwork then they'll have difficulty enforcing the debt in court.

      Di

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      • #33
        Re: Lowell Portfolio I Ltd v Siouxsie

        [QUOTE=Diana M;677271
        Others hope that they'll get the paperwork by the time they have to file their WS further down the line. If it's in the Small Claims Court and you are a LIP they won't be worried about paying legal costs even if they lose unless the court thinks they've acted unreasonably.[/QUOTE]

        Thanks
        Can you enlighten me on what the abbreviations WS and LIP denote...

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        • #34
          Re: Lowell Portfolio I Ltd v Siouxsie

          Originally posted by Siouxsie View Post
          Can you enlighten me on what the abbreviations WS and LIP denote...
          WS = Witness Statement

          LIP = Litigant in Person (meaning a person without legal representation by a solicitor)

          Di

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