DISCONTINUEDLowell v Outerspace - Help Needed ****

**Stu** · 12th May 2016, 05:43:AM

Re: Lowell v Outerspace - Help Needed ****

Don't chase the CCA is my opinion you're doing way too much leg work .... Let them do it and when they can't, which i doubt they can you can't lose. Mediation won't help you either as they say you must answer yes to all 4 question one being have you got the relevant paperwork to defend yourself and as you have not received the requested CCA the answer must be NO but when and if it does go to court that will look favourably for you

IMO they are trying to rush you into making a decision implying the little paperwork they have will be sufficient and as they have provided that they will supply the rest..... Don't panic as more and better advice will be on its way soon.

**Outerspace** · 12th May 2016, 13:38:PM

Re: Lowell v Outerspace - Help Needed ****

Thanks for reply - I have just rang mediation team and they have advised i cant mediate as i'm still waiting for documents and they arent a fact finding service - They have advised to keep my email with what they have said about them requesting judgement without this documentation as this will be gold dust for the judge if they dont withdraw by this point, he also advised he has updated the system in which the court can see.

I'm just going to sit tight now and do nothing further as they are in breech of the 12 working days and no CCA therefore they cant enforce anything.

How can i ask them to remove all the details from my credit file if they dont produce this as i still dont recall this debt and ideally want it removed completely from my file?

**Outerspace** · 15th May 2016, 19:44:PM

Re: Lowell v Outerspace - Help Needed ****

Update - Spoke with mediation team who advised i cant mediate as don't have everything i need - The person said to treat their email advising they cant do any enforcement action without the CCA as it will be goldust if it went to court - anyone able to advise on the below bit in bold please as haven't had a response?

How can i ask them to remove all the details from my credit file if they dont produce this as i still dont recall this debt and ideally want it removed completely from my file?

**Outerspace** · 19th May 2016, 20:43:PM

Re: Lowell v Outerspace - Help Needed ****

Can anyone review my post and please help and advise as not sure what to do next?
@nemesis45 Are you able to help please?

**Celestine** · 19th May 2016, 20:49:PM

Re: Lowell v Outerspace - Help Needed ****

So the final hearing is in two months time?

Lowell are just playing the waiting game. If they produce documents before court, they have a chance so they will wriggle for as long as possible.

In all likelihood, this will continue until around 2-3 weeks before the hearing. Then out of the blue they will just send a notice of discontinuance.

There is nothing you can do but sit tight and await their next move.

**Outerspace** · 20th May 2016, 12:32:PM

Re: Lowell v Outerspace - Help Needed ****

Ok thanks for the advice and will sit tight - If they dont send the CCA i will come back for further advice as want this removed from my credit file as dont recall this debt

**Outerspace** · 7th June 2016, 21:10:PM

Re: Lowell v Outerspace - Help Needed ****

Further update and advice needed [MENTION=2]Celestine[/MENTION]

Received letter today from county court and it advises:

It is ordered that

1. Claimant shall supply defendant with a copy of the original agreement by 8th June 2016 failing which it will be debarred from relying upon the agreement at trial
2 Any party affected by this order may apply to the court within 7 days to ask for the order to be varied, set aside or stayed pursuant to part 3.3(5)(a) of the civil procedure rules.

The date is due tomorrow and i don't believe Lowell have the agreement as i still don't recall anything to do with it - What should i do next?

Do i just still wait? Will i still need to go to court?

Not sure on next steps so any guidance will be great please

**Celestine** · 9th June 2016, 13:51:PM

Re: Lowell v Outerspace - Help Needed ****

Ooooh thats a good development. But how did it come about I wonder? At face value it appears the court have made this order of its own volition? Maybe they've had a ton of debt claims clogging their systems lately and are annoyed?

In any event, it is good. Let's see if they react within the seven days.

**Outerspace** · 10th June 2016, 18:36:PM

Re: Lowell v Outerspace - Help Needed ****

I think it was made as i have been sending all my correspondence to the court and the emails i have received - One of them clearly stated

"I note that you have filed a defence to the claim. We are obliged to comply with the court deadlines and will do so until the agreement is received.

Under the Consumer Credit Act, if we are unable to comply with the request for the agreement within the 12 day time frame, we are unable to take enforcement action until we do comply. Requesting judgment is classed as enforcement action, issuing proceedings is not.

I trust the above explains the matter. We will be in touch once a copy of the agreement has been received. "

This for me is pretty much an admission they don't have it - The time period is up now and i haven't heard anything what do i do next?

Do i contact the court? Do i contact them? Will i still need to attend court?

**Outerspace** · 14th June 2016, 19:47:PM

Re: Lowell v Outerspace - Help Needed ****

@Celestine Can anyone help with this as court date 7th July - My letter advises that i need to send details in by 14days before - Lowell still havent supplied anything so not sure what to do?

**Kati** · 15th June 2016, 08:10:AM

Re: Lowell v Outerspace - Help Needed ****

[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

**Amethyst** · 15th June 2016, 08:26:AM

Re: Lowell v Outerspace - Help Needed ****

You need to send in a witness statement ( http://legalbeagles.info/forums/show...ness-Statement )14 days prior to the hearing ( so by 23rd June) There's some examples here if you want to draft up. Your main point at the moment is that no agreement has been received - exhibit a copy of that email ( and other correspondance ).

Then a copy goes to Lowell and to the Court.

Now, reading back, you have an order from the court

1. Claimant shall supply defendant with a copy of the original agreement by 8th June 2016 failing which it will be debarred from relying upon the agreement at trial

and that hasn't been done. So put that in your Witness Statement, and enclose a copy of the order. If there is no agreement they cannot enforce. I'm not entirely sure the court can debarr the agreement as the case will rest on it.

Also before working on the witness statement it might be worth giving the court a call to check if the case is still going ahead and mention that the claimants haven't complied with the order.

**Amethyst** · 15th June 2016, 08:28:AM

Re: Lowell v Outerspace - Help Needed ****

Also, in your witness statement, if you don't recall the debt and the statement they sent means nothing, put that in. The onus of proof is on them.

**Outerspace** · 20th June 2016, 20:36:PM

Re: Lowell v Outerspace - Help Needed ****

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]
Hi Thanks for the reply - I need to send this off tomorrow so sorry for the short notice, can someone have a read and advise if ok?

I still haven't received any documents and this has dragged on since Jan which i feel is a joke now - I might submit a claim against them and do the same

Here is my first attempt of witness statement:

IN THE XXXXX
Claim No. XXXX

BETWEEN:
Claimant
Lowell Portfolio I LTD

AND
Defendant
XXXXXX
_________________________________

WITNESS STATEMENT OF XXXXXX
_________________________________

I Mr XXXX, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On or around the 11^th January 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £344.28

2. There were no details about when the alleged default occurred, the degree of default or a breakdown as to how the all sums claimed have accrued.

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that this claim “The defendant entered into a consumer credit act 1974 regulated agreement with shop direct under account reference XXXX”. I have stated on a number of occasions to the claimant that I don’t recall this debt and asked for a full breakdown summary of account along with all documentation to which to date hasn’t been provided.

5. On 17^th April 2016 I made a formal written request to the Claimant requesting that they provide copies of all documents mentioned in the statement of case.
I also requested a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 [EXHIBIT A].
I had made previous requests prior to 17^th April 2016 to which I never received a response however didn’t keep an audit trial at the time but did so from 17^th April 2016 onwards due to growing concerns about their conduct.

6. On 26^th April 2016 I made a further formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 as I hadn’t received a reply to the email dated 17^th April – This time I had kept a copy so forwarded this onto them.
Also within this email I advised them that the account was now in dispute due to them not complying with my request
[EXHIBIT B].

7. On 1st May 2016 the Claimants solicitors replied to my written request and advised “A copy of the agreement relating to your account has been requested from our client and will be forwarded to you upon receipt”
They also informed me “Under the Consumer Credit Act, if we are unable to comply with the request for the agreement within the 12 day time frame, we are unable to take enforcement action until we do comply. Requesting judgment is classed as enforcement action, issuing proceedings is not.”
[EXHIBIT C]
Claimants solicitor replied without the requested documents and I have not received any of the documents mentioned in the claimants claim form.

8. On 1st May 2016, I contacted the Claimants solicitors to thank them for their response and that I awaited the documents as requested – I also advised them I have forwarded the email to North Shields County Court for review by district judge [EXHIBIT D]
10. On 11^th May 2016 The Claimants solicitor replied to my email dated 17^th April 2016 and advised the credit agreement was unavailable.
[EXHIBIT E]
11. On 1^st June 2016 it was ordered by Deputy District Judge XXX that the claimant shall supply defendant with a copy of the original agreement by June 8 2016 failing it will be debarred from relying upon the agreement at trial.
[EXHIBIT F]
12. On 17^th June 2016, I contacted Claimants solicitors advising they had failed to comply with the judge’s order as deadline was 8^th June 2016 – I also advised them I felt they were wasting my time and offered them to withdraw their proceedings. I also advised that if they continued I intend to file a counterclaim due to all the time and stress this has caused me.
I also sent a copy to County Court for review by District Judge
[EXHIBIT G]
13. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and as of 20^th June it hasn’t provided any of these documents despite my entitlement to inspect these documents – In addition they have already acknowledged that they can’t request judgement without supplying these documents as referred in [EXHIBIT C]

Statement of Truth

I, Mr XXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated: ________________________________

DISCONTINUEDLowell v Outerspace - Help Needed ****