AfroAsh VS Lowell

[charitynjw]

Re: AfroAsh VS Lowell

Ok

The big question......did you, either in your submitted defence or in a separate CCA request, ask for or mention disclosure of documents via sections 77-79 of the Consumer Credit Act 1974? (You did try to do so, I believe!)

[AfroAsh]

Re: AfroAsh VS Lowell

Ok

The big question......did you, either in your submitted defence or in a separate CCA request, ask for or mention disclosure of documents via sections 77-79 of the Consumer Credit Act 1974? (You did try to do so, I believe!)

Just looked through my defence and the below was included. Looks like I did.
11. On the 04/10/2016 I sent a formal request for a copy of the original agreement to Lowell pursuant to section [77 or 78] of the Consumer Credit Act 1974.

[charitynjw]

Re: AfroAsh VS Lowell

Ok, not the end of the world.
Contrary to the usual mantra spouted by various debt purchase companies that mobile phone agreements are not regulated, some are.
An example - http://www.vodafone.co.uk/terms-and-...c90eee9bc06047
If it were me I'd wait until closer to the ?March 8th? deadline to submit your WS, just in case Lowells produce any further documentation

[AfroAsh]

Re: AfroAsh VS Lowell

Just came from the hearing. Unfortunately Lowell won the case. The judge agreed that they are under no obligation to provide the requested documents. When I mentioned the CPR 31 request. The judge replied that small claims are exempt from that. I replied that there must be some sort of legislation allowing me to inspect the documents. The judge replied ' I am not aware of any unless you know otherwise". That's it in a nutshell.