Bw legal/ lowell

[Mousey 66]

Re: Bw legal/ lowell

I don't think any documents were mentioned just that I owe the money and they'll take me to court if I didn't pay it. I can post any letters I've received on here over the weekend if that helps?

[MIKE770]

Re: Bw legal/ lowell

redacted removing your personal info and numbers

[Mousey 66]

Re: Bw legal/ lowell

Ok will do. Can anyone tell me how long they have to produce a copy of the OCA and can they still take me to court without it?

[MIKE770]

Re: Bw legal/ lowell

they can start proceedings abut at a later stage be forced to produce certain documents

[Mousey 66]

Re: Bw legal/ lowell

So can they take me to court without them or not?? I just need to know how long this is going to be hanging over me, I wouldn't mind but it isn't me that caused the debt in the first place!

[Diana M]

Re: Bw legal/ lowell

I wouldn't mind but it isn't me that caused the debt in the first place!

You have a moral dilemma as well as a legal one.

From what you say your position is "it wasn't me it was him" because you believe your ex opened the account in your name unbeknown to you.

Hypothetically speaking if a Defendant feels that they are being sued for a debt incurred by a third party then they may join that person into the proceedings as a Part 20 Defendant. This means the Claimant sues you while you at the same time sue the person responsible for the debt.

It's explained here albeit not exactly in layman's terms> https://www.justice.gov.uk/courts/pr...l/rules/part20

Di

[Mousey 66]

Re: Bw legal/ lowell

Thankyou for letting me know this Di. Do you think it will go to court even if they dont provide the original credit agreement? Can they without proof the debts mine?

[charitynjw]

Re: Bw legal/ lowell

You've indicated that a court claim has been issued, so technically it has already 'gone to court'.
Whether it will go right the way through proceedings up to & including a hearing is anyone's guess.
But, by challenging the Claimant, & using suitable defence argument, you might well head them off at the pass!

[Mousey 66]

Re: Bw legal/ lowell

How much time do they have to provide the OCA? Is there a time limit or can it go on for ages?

[charitynjw]

Re: Bw legal/ lowell

If you are referring to the documentation required via a Consumer Credit Act (CCA) (sections 77-79) request, compliant documentation has to be sent within 12 working days + a further 2 working days to allow for post.
However, failure to do so (whether due to the time factor or to non compliant documentation) results in the inability to enforce the agreement only while the breach persists. The breach is remedied by sending the correct documentation.
Thus it is not irredeemably unenforceable after the 14 days, but to be able to have any success at a court hearing, the Claimant would need produce compliant documentation.
If there is a 'live' court claim in progress, that will, to some degree, dictate timescales for producing evidence.

[Mousey 66]

Re: Bw legal/ lowell

They haven't sent it yet and it's been almost 8 weeks so is likely to not go any further as they have no evidence?

[Diana M]

Re: Bw legal/ lowell

They haven't sent it yet and it's been almost 8 weeks so is likely to not go any further as they have no evidence?

If you read the threads on this forum you'll see that Lowells very rarely back down until they've been served with the Defendant's Witness Statement.

They hope that the smaller sums (claims under £10k) will settle at Mediation and if they don't then they tend to battle on until the eleventh hour in the hope you'll surrender.

I can't see how much this claim is for (sorry if you have posted this already) because that may factor into they're thinking of whether it's worth the (financial) hassle for them to continue.

Di

[Mousey 66]

Re: Bw legal/ lowell

It was £591.82 plus court costs.

[Mousey 66]

Re: Bw legal/ lowell

Is the defendants witness statement heard in the court? Does that mean I would have to go and speak at the court?? :

[Mousey 66]

Re: Bw legal/ lowell

So just got in and they've sent the credit agreement so I guess this means Il'll have to pay them now? It says they're still awaiting remaining information whinch I assume are statements? And the. account will remain on hold while they obtain it. So do I pay the court costs or can I offer to pay the original amount owed??