*** WON *** Lowells Claim for Capital One Card

[Diana M]

Re: Lowells Claim for Capital One Card

; Lowells haven't responded to the order to provide the T&Cs, court nor myself have received them and theyre 2 days late.

The Order you uploaded gave Lowells a deadline of 4 PM on 15th October i.e. yesterday afternoon.

There was no sanction if they didn't comply.

Have you reach each agreement with Lowells on a "jointly instructed" handwriting expert as ordered?

Di

[ADDLED]

Re: Lowells Claim for Capital One Card

Tks Diana, sorry it was 15th so yesterday.
I haven't moved forward on the handwriting expert as I have a few weeks yet. If Lowells don't have the agreement do I still have to do this? It's an expense I can ill afford, especially a couple of weeks before Xmas.

[Diana M]

Re: Lowells Claim for Capital One Card

I'm afraid if the court has ordered something then you must obey it.

The Order specifically says you must jointly agree the handwriting expert and file the report by 13th December.

The difficulty for you is how can you complain to the court that the Claimant hasn't complied with the Order (to file the Ts & Cs) if you haven't complied with it either?

You were set different 'homework' tasks but both of you have to hand it in. If the Claimant doesn't comply they have a problem. If you don't comply you have a problem.

Di

[ADDLED]

Re: Lowells Claim for Capital One Card

Thanks Diana, understood.
One other thing; if the claimant cant produce the agreement then the validity of a signature is a moot point; the agreement would still be unenforceable?

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi again. Ive been in touch with 3 experts this morning and they all say the same; a letter for about £350 or a full report for about £750.
I just dont have the money to pay for this. I dont want to deliberately ignore a Court order so what can I do?
Tks
ADD

[nemesis45]

Re: Lowells Claim for Capital One Card

Hi nem. Completely forgot to take the letter with me when i left this morning and away for a few days. I called Lowell Solicitors and they confirmed receipt of the CCA request and said that they will process it on behalf of their client and that they accept it has been served.
I got the guys name and employee number and have a record of the call.
Should i accept this?
Tks
ADD

Morning Add responding to your PM,

I think you are safe on that now having obtained the employees details.

The 12 + 2 working days timescale still applies.

nem

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi everyone. I have another hearing later this week. Lowells were ordered to provide the correct T&Cs but have resent the same doc that they tried to use at the last hearing. I checked with the court and they have filed same with a new witness statement - I haven't received the statement, just the copy t&cs in the post.

My defence hasn't changed so do I need to re-draft my witness statement?

thanks in advance for any replies.
ADD

[nemesis45]

Re: Lowells Claim for Capital One Card

Hi everyone. I have another hearing later this week. Lowells were ordered to provide the correct T&Cs but have resent the same doc that they tried to use at the last hearing. I checked with the court and they have filed same with a new witness statement - I haven't received the statement, just the copy t&cs in the post.

My defence hasn't changed so do I need to re-draft my witness statement?

thanks in advance for any replies.
ADD

Hello Add,

Have you received a copy of the amended/revised witness statement?

nem

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi Nem, only the same t&cs with a covering letter asking me to drop my defence.

They Also haven't answered my letter and email on appointing an expert.

[nemesis45]

Re: Lowells Claim for Capital One Card

Hi Nem, only the same t&cs with a covering letter asking me to drop my defence.

They Also haven't answered my letter and email on appointing an expert.

Ok so you have no idea what the amended WS says?

Ignore the letter amend your WS re the duplicate T's & C's send to the court with a covering letter stating that you believe Lowell has filed a new WS but has not sent you a copy.

Send a copy later to Lowell by snail mail and get proof of posting.

nem

[Diana M]

Re: Lowells Claim for Capital One Card

I have another hearing later this week. Lowells were ordered to provide the correct T&Cs but have resent the same doc that they tried to use at the last hearing. I checked with the court and they have filed same with a new witness statement - I haven't received the statement, just the copy t&cs in the post.

Do you mean the hearing is tomorrow or Friday?

Are you sure the Ts & Cs are identical to the previous Ts & Cs? You've received them direct from Lowells, but are they same as the ones they filed at court?

They Also haven't answered my letter and email on appointing an expert.

What did you say (roughly) in your letter and email about the jointly appointed handwriting expert? Did you nominate one for them to agree?

If you decide to file a second WS (not amend your first WS) then you may need to refer to the handwriting expert issue and exhibit the letter and email you sent to Lowells depending on what it said.

The court needs to know that they've not co-operated on the expert (if that is the case) since the Order was clear that this task had to be carried out and the report filed at court by 13th December (yesterday). You'll both need to give the court a reason why that part of the Order has not been complied with.

Di

[nemesis45]

Re: Lowells Claim for Capital One Card

[QUOTE=ADDLED;695690]Hi Nem, ******only the same t&cs **** Have you examined these closely to compare with what was filed initially"? with a covering letter asking me to drop my defence.



nem

[ADDLED]

Re: Lowells Claim for Capital One Card

Court said new t&cs but called them back to double check and they said they can't confirm - could be same - so I asked when they were dated and same answer.

Letter and email gave names and website details of 3 experts and asked them to make a choice and inform me.

Is this issue not now a moot point, since there are no valid t&cs?

I can amend my statement later and email a copy to the court.

Tks
ADD

[Diana M]

Re: Lowells Claim for Capital One Card

Letter and email gave names and website details of 3 experts and asked them to make a choice and inform me.

Is this issue not now a moot point, since there are no valid t&cs?

Only a DJ can decide what is and what isn't a moot point.

The last DJ made an Order and it hasn't been complied with. A report from a handwriting expert was expected to have been filed at court by yesterday's deadline. That hasn't happened. If the DJ is in a bad mood then there's a risk he'll sanction you (either or both).

That's why I said you need to give the court a good reason for not obeying the Order. I'm not sure saying that you didn't get an expert's report because the Ts & Cs Lowells sent aren't valid, will be a welcomed answer.

I want you to win this so if you find yourself in front of a DJ who's a stickler for legal procedure, then you need to be ready with an answer. That's all.

There's always the hope that Lowells won't turn up if they know their Ts & Cs are iffy. But you still need to be prepared for the worst case scenario

Di

[ADDLED]

Re: Lowells Claim for Capital One Card

Thanks, I was just asking as I like to know as much as I can.

A bit of an error; I sent the court and lowells my updated statement but hadn't realised I had a problem with outgoing messages. I resent it this afternoon.
Will that cause me a huge problem?