Lowells County Court Claim, Advice greatly appreciated

[o0Wiggy0o]

I am not saying this would work but the claimant is relying on a printout from the assignor that the DN was sent, but have they been able to produce anything as to the contents of the DN - did it conform to the regulations, indeed can they demonstrate it was actually sent at all. I think the major part was , is did you receive a DN

When did you receive the WS? If it was only this week which did not give you time to properly digest it you could ask the court to adjourn to give you chance to get further advice

Not saying this will succeed
Diana M

Hi Warwick

I never remember receiving a default notice. It's possible one could of been sent to my ex girlfriends address but i never got it.

Lowells Witness statement came this week on Monday.

It says in their witness statement that i didn't communicate a reason for non payment but when they first started hounding me with calls, i was answering them and asking them to prove it which they never did. Obviously i have no proof of that though.

Regards

[o0Wiggy0o]

If i ask the court to adjourn, in what way could it benefit me other than giving me more time?

Sorry for pestering, stressing me out.

[warwick65]

If you do go to court I wouldn't offer up things like 'it might have gone to my ex's house' just stick to the I did not receive a default notice. I would do a Bill Clinton - the truth but not the whole truth and certainly do not answer what they haven't asked

[o0Wiggy0o]

If you do go to court I wouldn't offer up things like 'it might have gone to my ex's house' just stick to the I did not receive a default notice. I would do a Bill Clinton - the truth but not the whole truth and certainly do not answer what they haven't asked

Actually looking at the screenshot they have, the default notice went to a previous address....i've moved twice since then.

I don't really know what to say in court. All i can vision is me standing there getting a grilling and telling me i have to pay.

How does it work? If the judge says i have to pay, does that mean i'll get a CCJ agaist me or will i have an oppurtunity to set a payment plan up?

Do i just be truthful? Explain that i phoned DFS when me and my ex seperated to change what i thought was the account in to my ex's name and never heard anything since Lowells started contacting me last year. Explain that i asked Lowells for proof and they never provided me with any so on that basis refused to pay and speak to them. Explain that the only proof i got was in their witness statement on Monday whihc hasn't given me enough time to properly defend myself.

Sorry, i'm just worried about this now.

[Diana M]

9

Hi, Personally I would offer 15- 20% of the amount claimed?
You need to be quick (today ) if you want to make an offer.

nem

Any offer the OP makes today (whether by email or by phone or by fax) which is not clearly made/headed “ ‘”””Without Prejudice’ Save as to Costs” ” will be seen by the court as an admission of the claim if the Claimant or their legal representative brings it to the court’s attention at the Hearing on Tuesday.

Despite this claim being allocated to the Small Claims Court/Track legal costs may be an issue.

Di

[Diana M]

I've tried to edit my previous post several times (to clarify the legal position) but the recent forum upgrade won’t accept my edits. Hopefully this is a short term blip.

You must go to the Hearing on Tuesday and fight your corner or you will get a CCJ.

Di

[Diana M]

Re: Lowells County Court Claim, Advice greatly appreciated


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

Did you check with the court to see if Lowells had paid the Hearing fee by 2nd January?

If they haven't paid it, or if they paid it late, then you can ask the court to strike out their claim for non compliance with the Order/Directions.

It may make sense to raise the issue at the start of the Hearing if you discover that they haven't paid when you call the court on Monday (unless you already know the answer).

Di

[o0Wiggy0o]

Did you check with the court to see if Lowells had paid the Hearing fee by 2nd January?

If they haven't paid it, or if they paid it late, then you can ask the court to strike out their claim for non compliance with the Order/Directions.

It may make sense to raise the issue at the start of the Hearing if you discover that they haven't paid when you call the court on Monday (unless you already know the answer).

Di

I'm not sure to be honest. I'll give the court a ring on Monday as soon as it's opened to see if it's been paid.

If they haven't paid, does it pretty much depend on the judges mood as to whether they strike it out?

[o0Wiggy0o]

I phoned the court this morning and the hearing fee was paid in November unfortunately but I'm not sure if i'm on to something else.

Attached is evidence from Lowells witness statement showing the payment history.

I thought a debt can be statute barred 6 from the default date but i've recently read that it's actually form when the last payment was made.

If you look at the PDF attached, the last payment was made in November 2011. As of right now it's been 6 years. Can i use that in court at all?

Thanks

[Amethyst]

Unfortunately once a claim is issued, that puts a stop on statute barring if it's not already outside of 6 years, although it does pick back up if a claim is discontinued or struck out. Also currently claiming last payment on CCA debts is a little hairy as Judges are taking the cause of action ( start of the 6 years ) from Default /Terminationdate or subsequent payment.
Last payment 28/11 - do you know what that £100 charge on Christmas Eve 2011 is ? Transfer to debt collection? Is that allowed for in the terms ?

Can't see the copy agreement anywhere - can you redact your details and upload it pls.

[o0Wiggy0o]

Unfortunately once a claim is issued, that puts a stop on statute barring if it's not already outside of 6 years, although it does pick back up if a claim is discontinued or struck out. Also currently claiming last payment on CCA debts is a little hairy as Judges are taking the cause of action ( start of the 6 years ) from Default /Terminationdate or subsequent payment.
Last payment 28/11 - do you know what that £100 charge on Christmas Eve 2011 is ? Transfer to debt collection? Is that allowed for in the terms ?

Thanks for your response.

I have no idea about the Xmas Eve charge as at that point i wasn't even at the address and thought the payments were being made from my ex.

Regards

[Amethyst]

Can't see the copy agreement anywhere - can you redact your details and upload it pls. Or email it me admin@legalbeagles.info

[o0Wiggy0o]

Can't see the copy agreement anywhere - can you redact your details and upload it pls. Or email it me admin@legalbeagles.info

Here's the agreement, with personal details removed. Thank you

[Amethyst]

Have they also sent you the reverse of that page ?

[o0Wiggy0o]

Have they also sent you the reverse of that page ?

No they haven't unfortunately.