**WON** Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

I haven't had a copy of the claimants directions questionnaire as yet Amethyst. I assume that it has just been served upon them, so I'll wait it out for a little while, to see how they're playing this, as I've got until the 24th to file my questionnaire.

Yes, it seems Small Claims is the way to go. I particularly like the idea of filing an application to get wasted costs against them, to punish the cheeky buggers. Also this is not the only credit card I have that I have Lowell chasing me for. Perhaps they will think twice before trying to pursue me via the court again.

[Kadafi]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Hi nexatron

im still at the same stage as you and need to return my n180 by 20th November. What I'm unsure about is, will we receive a copy once lowell/BC complete there questionnaire? and we also need to submit copies to them once we submit our questionnaire to the court?

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Hi nexatron

im still at the same stage as you and need to return my n180 by 20th November. What I'm unsure about is, will we receive a copy once lowell/BC complete there questionnaire? and we also need to submit copies to them once we submit our questionnaire to the court?

Greetings Kadafi

Yes, I think that's the way things proceed i.e. The Claimant / Claimant's solicitor sends a copy of their questionnaire to Defendant and vice versa. But just to confirm, is this correct Ame / nfc? And I take it we send this by signed-for delivery? To the Claimant, the Claimant's solicitor or both?

Cheers.:beagle:

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Just to keep you all informed of my progress, I have my hearing date set for March 26th. I did try and enter into mediation but was informed by HMCTS that this would be pointless as Lowell / BC have failed to produce any documentation on which to base the mediation on.

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

OK, an update. BC have sent me some further documentation. This consists of a miraculously discovered further page from the original agreement - I doubt if this is worth scanning and presenting here as it is totally illegible and only includes a few personal details; what appears to be a letter of assignment; and a whole load of historical account statements. Crucially there is no Default Notice. Now, should this alter my defence in any respect which still appears pretty solid? Also, is it even worth the time and expense of attending the court hearing if the outcome is pretty much a foregone conclusion? (I intend to claim for my wasted time and costs at the conclusion of the case).

Your help in these matters is very much appreciated.:beagle:

[nemesis45]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

If the document is not easily legible in all parts you have no way
of knowing if it is part of the original agreement.

nem

[FlamingParrot]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

OK, an update. BC have sent me some further documentation. This consists of a miraculously discovered further page from the original agreement - I doubt if this is worth scanning and presenting here as it is totally illegible and only includes a few personal details; what appears to be a letter of assignment; and a whole load of historical account statements. Crucially there is no Default Notice. Now, should this alter my defence in any respect which still appears pretty solid? Also, is it even worth the time and expense of attending the court hearing if the outcome is pretty much a foregone conclusion? (I intend to claim for my wasted time and costs at the conclusion of the case).

Your help in these matters is very much appreciated.:beagle:

I'd say it's definitely worth attending the hearing, :thumb: judges have been known to favour cheeky claimants over LIPs even when they do attend.

[nexatron]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Tremendous if not unexpected news: The judge struck out the claim almost immediately on the grounds the the CPR was not complied with -- no copy of the default notice was provided. This was notwithstanding the fact that the CCA was not even compliant.

Thanks to all on here for helping me to achieve this. Now there is the minor matter of another claim being brought against myself. But apart from that all the rest of my historical debt has been statute barred. Oh joy

[Amethyst]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Well done nexatron xx Did you have to attend in the end?

[PAWS]

Re: **WON** Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Nexatron, I am over the moon for you. Fantastic stuff from the A team once again especially magic Amethyst!spell.jpg

[nexatron]

Re: **WON** Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Cheers once again. Yes, I attended the hearing which lasted all of 5 minutes. The parasitic Lowell scumbags weren't represented though. Now would it be possible to cheekily pursue Lowell for costs? Albeit I did get my transport and time out of work costs for the day:wub:

[nemesis45]

Re: Court Claim - Lowell Portfolio Ltd / Co-operative Bank - 4-9-2014

Well Done!!!
nem