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** settled ** County Court Claim Form Lowell Portfolio I Ltd

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  • #16
    Re: County Court Claim Form Lowell Portfolio I Ltd

    11: The Claimant has failed to comply with s78(1) Consumer Credit Act 1974 and by virtue of s78(6) Consumer Credit Act 1974 cannot enforce the agreement.
    IFYPFY
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #17
      Re: County Court Claim Form Lowell Portfolio I Ltd

      Thank you, I will amend my Defence

      With regards to the difference in dates between the Notice of Claim Issue and the Court Claim Form, can I put this in my Defence?


      Thanks

      Comment


      • #18
        Re: County Court Claim Form Lowell Portfolio I Ltd

        Good Afternoon

        i am am just going to submit my defence

        can anyone answer my question in the post above please?


        Many thanks

        Comment


        • #19
          Re: County Court Claim Form Lowell Portfolio I Ltd

          Hi
          I don't think it can be used as part of your defence but could be included as part of a witness statement .

          I know you received the notice of claim nearly two weeks later but what was the date on it?

          If it was dated after the claim you could add a paragraph towards the end saying the claimant did not follow pre action protocols in that the notice of claim dated xxxx was issued x days after the claim.

          Comment


          • #20
            Re: County Court Claim Form Lowell Portfolio I Ltd

            Hi

            I included it in my defence

            Is it something that could go against me?


            Thanks

            Comment


            • #21
              Re: County Court Claim Form Lowell Portfolio I Ltd

              Good evening

              I received a reply to my SAR today from Vanquis

              They sent me:
              List of translations and charges
              Statement Balances

              Does that mean this is all of the information they have or will they continue to send more information?

              Thanks

              Comment


              • #22
                Re: County Court Claim Form Lowell Portfolio I Ltd

                Originally posted by DezzyB View Post
                Good evening

                I received a reply to my SAR today from Vanquis

                They sent me:
                List of translations and charges
                Statement Balances

                Does that mean this is all of the information they have or will they continue to send more information?

                Thanks
                They should have sent you everything that is held on their databases.
                In the past I have contacted the sender to verify that what has been sent is the total of all data held.
                Sometimes what isn't there (but should be) is equally if not more important than the disclosed stuff.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: County Court Claim Form Lowell Portfolio I Ltd

                  Thank you

                  I will contact them to confirm they have sent everything on their database

                  Comment


                  • #24
                    Re: County Court Claim Form Lowell Portfolio I Ltd

                    Good evening

                    I have received a copy of the Directions Questionnaire from Lowell. I have also received the Questionnaire from the court. I'm filling it out now. Where it asks about witnesses, it says how many including yourself, do I put 1 in the box to include myself as a witness? They have put 0 on their form.
                    Also, do I need to send a copy to Lowell? I don't want to send them anything with my signature on it

                    Thanks

                    Comment


                    • #25
                      Re: County Court Claim Form Lowell Portfolio I Ltd

                      1 = you

                      copy to lowells also

                      Comment


                      • #26
                        Re: County Court Claim Form Lowell Portfolio I Ltd

                        Thanks MIKE770

                        Although I am worried that they may try to use my signature

                        Comment


                        • #27
                          Re: County Court Claim Form Lowell Portfolio I Ltd

                          just amend signature slightly and take copy = i.e. put a stroke in finely only you know slight change, but to be honest there is no proof that this has happened or been reported? and regarding Lawful papers then it would be a criminal offence.

                          Comment


                          • #28
                            Re: County Court Claim Form Lowell Portfolio I Ltd

                            I think Mike's idea is good or use an anti tamper strip
                            [MENTION=49370]Kati[/MENTION] do we have one?

                            Although there is no proof, there seems some strong suggestions that all may not be as it seems at first sight. So it would be very wise to take precautions.

                            Comment


                            • #29
                              Re: County Court Claim Form Lowell Portfolio I Ltd

                              there is one we used years ago Ame probably knows where on here

                              Comment


                              • #30
                                Re: County Court Claim Form Lowell Portfolio I Ltd

                                found it

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Directions Questionnaire



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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