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Lowells County Court Claim, Advice greatly appreciated

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  • #61
    Or fortunately - without it they have not fully complied with your cca request - the front page refers to clause 13 of the terms overleaf and the cca should include all documents referred to in the agreement. Also I don’t see any term that allows that £100 charge.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #62
      Originally posted by Amethyst View Post
      Or fortunately - without it they have not fully complied with your cca request - the front page refers to clause 13 of the terms overleaf and the cca should include all documents referred to in the agreement. Also I don’t see any term that allows that £100 charge.
      Nice spot, i will mention this tommorow. Thank you so much for all the help everyone, i wouldn't of been able to do any of this without you all, win or lose.

      I'll let you know how i get on.

      Regards

      Comment


      • #63
        UPDATE - I LOST

        The judge started by telling me off for using an internet CCA template and said he's seen it a thousand times before and he's sick of it. I just explained that as i was defedning myself, the only resources i have is the internet to help me and get advice.
        I put my point accross how Lowells sent their evidence really late and didn't really allow me enough time to properly defend myself. The judge said "Unfortunately that's how Lowells work so in this case i'm going to sympathise with you and offer you a Tomlin order". I tried to speak again regarding Lowells evidence and the judge literally butted in and said "Is that your signature on the Credit agreement" I replied yes and he said "So would you rather a CCJ or Tomlin Order, i'm offering you a chance for your credit score to stay intact". At that point there was no much i could really do but accept the Tomlin Order.
        Not the result i wanted but no CCJ so i'm happy he offered me that.

        To be honest i'm just glad it's all over. I'll pay the £25 a month for the next 5 years and be done with it.

        Thanks

        Comment


        • #64
          Ouch, not a good start was it, so unfair the judge can just be against you from the off because he’s in a grump and hates debtors. Plus it is irrelevant what Lowell do in other cases and how they feel free to ignore cpr and deadlines - this is an individual case and should be judged on the individual basis.

          Diana M ?

          It seems odd about the Tomlin order - had Lowell asked for that in witness statement or letter to court ? We’re they there ? Had they drafted the order? I had no idea a court could just order a consent order off their own back ?
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #65
            They had someone there representing Lowells although Lowells didn't put their witness statement in to the court on time so handed it to Judge today.

            A Tomlin order wasn't even mentioned at all in Lowells witness statement.

            The was Judge was very Grouchy. He wasn't really interested in what i had to say.

            After i accepted the Tomlin Order he said to the person representing Lowells "Go in to the office outside and draft the order and when you've both signed it and gave a copy to the usher to give to me, you can clear off".

            Maybe i could of made myself heard more, i don't know, the Judge really made me feel he was thowing me a life line and that i had to accept 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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            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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