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Lowells County Court Claim, Advice greatly appreciated

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  • #16
    Re: Lowells County Court Claim, Advice greatly appreciated

    Was the finance a set amount for a specific item, if so I think s77(1) and s77(4). If however it was for credit you could pay a bit off and spend a bit like a credit card it would be s78(1)and s78(6)
    [MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION]

    Comment


    • #17
      Re: Lowells County Court Claim, Advice greatly appreciated

      It was finance for a sofa at DFS so i'm guessing it would be s77(1) and s77(4).

      Thank you

      Comment


      • #18
        Re: Lowells County Court Claim, Advice greatly appreciated

        11. On the 17th July 2017, I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD
        .....so i'm guessing it would be s77(1) and s77(4).
        If you sent a formal request, what did the formal request say?
        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


        • #19
          Re: Lowells County Court Claim, Advice greatly appreciated

          I just used the template from here that says "Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974."

          Thanks

          Comment


          • #20
            Re: Lowells County Court Claim, Advice greatly appreciated

            If it were me I'd tweak paras 11 & 12 to include the following

            Creation offer a number of regulated financial products.
            The Claimant's Particulars of Claim fail to identify which type is applicable.
            A CCA request via ss77-79 was sent, etc.
            Claimant has failed to comply.

            (For your ref....no need to put this in your filed defence) http://www.creation.co.uk/ )
            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


            • #21
              Re: Lowells County Court Claim, Advice greatly appreciated

              Ok, great i'll tweak it a bit.

              Thank you

              Comment


              • #22
                Re: Lowells County Court Claim, Advice greatly appreciated

                Like this?

                1. Creation offer a number of regulated financial products. The Claimants Particulars of Claim fail to identify which type is applicable. On the 17th July 2017, I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section 77 – 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                2. The Claimant has failed to comply with [s77 (1) / s 78 (1)???] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)???] Consumer Credit Act 1974 cannot enforce the agreement.

                The stuff in red is still confusing me, i'm sorry.

                Thanks

                Comment


                • #23
                  Re: Lowells County Court Claim, Advice greatly appreciated

                  Originally posted by o0Wiggy0o View Post
                  Like this?

                  1. Creation offer a number of regulated financial products. The Claimants Particulars of Claim fail to identify which type is applicable. On the 17th July 2017, I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section 77 – 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                  2. The Claimant has failed to comply with the request & so cannot enforce the agreement.
                  Or something like that.
                  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


                  • #24
                    Re: Lowells County Court Claim, Advice greatly appreciated

                    Ok, great.

                    Thank you for your time and help

                    Comment


                    • #25
                      Re: Lowells County Court Claim, Advice greatly appreciated

                      UPDATE - I've now recieved a copy of Lowells Solicitors Directions Questionnaire. What's the next step? Do I go to the mediation?

                      Comment


                      • #26
                        Re: Lowells County Court Claim, Advice greatly appreciated

                        Hi
                        At this stage I would agree to mediation. Leaves your options open.

                        Comment


                        • #27
                          Re: Lowells County Court Claim, Advice greatly appreciated

                          Originally posted by warwick65 View Post
                          Hi
                          At this stage I would agree to mediation. Leaves your options open.
                          ^^^^^
                          What he said! (Evening, Warwick )
                          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


                          • #28
                            Re: Lowells County Court Claim, Advice greatly appreciated

                            Evening Charity. I do sometimes talk sense or so it is alleged

                            Comment


                            • #29
                              Re: Lowells County Court Claim, Advice greatly appreciated

                              Hi All

                              Just an update.

                              I received a Notice of Allocation to Small Claims Track letter on 8th November which basically says unless Lowells doesn't pay the Trial Fee by the 2nd January then the debt will be struck out.

                              I've left it a while to see if i would receive an update to whether they have payed it or not and i've been signing in to the moneyclaim website to see if that's been updated.

                              Can i call the court to find out if that has been paid?

                              The court date is on the 30th January and Lowells never sent me any proof of the debt at all so i don't know leg they have to stand on.

                              Regards

                              Comment


                              • #30
                                Re: Lowells County Court Claim, Advice greatly appreciated

                                I'm sure you can call the courts to ask the status of the claim [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] ??
                                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                                It doesn't matter where your journey begins, so long as you begin it...

                                recte agens confido

                                ~~~~~

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

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                                But please include a link to your thread so I know who you are.

                                Specialist advice can be sought via our sister site JustBeagle

                                Comment

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                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
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                                Set Aside Application
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                                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.





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