Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

[nemesis45]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Here are the documents in PDF format.

https://www.dropbox.com/sh/md2aj6r0b...NNB6JjVQa?dl=0

If you can't view them in detail on the web browser download them. You should be able to then magnify them without the picture blurring.
Thanks again for taking the time to have a look @nemesis45, I know there are a lot of documents.
:beagle:

I'll try and give them a read this evening/tomorrow.

nem

[Astybelle]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Hi Beagles,
I was wondering if anyone had a chance to look at the documents that I uploaded last week.
The court hearing date is rapidly approaching and I have to consider all my options before I submit my witness statement.
Thanks for all your help already

[charitynjw]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Hi Astybelle

Is there more to this?
The CCBC court claim issue date is 8th September 2015.

[Astybelle]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Hi,

The hearing was adjourned twice. First for lack of judicial time, second because I couldn't attend.

I received these documents 2 days before the last hearing was due to take place.

[charitynjw]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Did you at any time send a s78 CCA request to Lowells?
If yes, do you have proof of posting?

[Astybelle]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Yes I did, I sent one to Vanquis and 3 to Lowell on separate occasions. I sent the last 2 by signed for post and I have the receipts form the post office.

[charitynjw]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Their witness statement indicates otherwise.
You say that the your original copy of the agreement is different from the one they supplied?
Do you still have the original?
(They appear to have sent 2, one 'original' & presumably the one applicable when the account was terminated)

[Astybelle]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Yes I do have the original, but unfortunately it is the same as the 'original'. I made a mistake thinking that it was different but at closer inspection it is not. However I have never received a copy of the second one.

[charitynjw]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Yes I do have the original, but unfortunately it is the same as the 'original'. I made a mistake thinking that it was different but at closer inspection it is not. However I have never received a copy of the second one.

Re the original one, tbh I feared as much.
Re the second one, I guess in the long run it won't make too much difference.

[Astybelle]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Any advice on how should I proceed?
Is it a lost case?
What's my best bet?

[charitynjw]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Have you been given a date on which to exchange documents, or is it the standard '14 days before hearing'?

[Astybelle]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Its the standard 14 days before.

[charitynjw]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Ok, so documents & WS needed by 26th November (I think that's a Saturday).
It's not a good idea to send stuff early, as that might give the other side a heads-up on your argument (or lack of it).

[Astybelle]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

Ok thanks, the hearing is on the 14th December not the 10th as I put the wrong date down.
I will send my documents and WS 14 days before and not earlier.

I was relying on the fact that Lowell had never suppled any of the documents I requested until 2 days before the second hearing date ( first one was adjourned for lack of judicial time).
Bryan Carter Solicitors who represented Lowell at the time of the first hearing date sent me a letter weeks prior to say they were no longer dealing with the case. So if the first court hearing hadn't been adjourned Lowell would have not presented any evidence. (or turn up at the hearing...?) As you can imagine I was very surprised and shocked when suddenly Lowell was able to provide all of the requested evidence. Of course had they done this when I first requested it 3 years ago (to Vanquis) then I would have settled the account then.

Bearing in mind my case is very weak and I don't want to incur further court costs can I try to settle with Lowell before the hearing? Or is it too late for that now? Or will the way that they have ignored my repeated requests for evidence help my case in some way?

Thanks again for your help.

[MIKE770]

Re: Urgent Advice needed - Small Claims Court Hearing 10th December Lowell/Vanquis

what did they provide ===Suspect???? slow down and vanquis documents involved ??????