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*DISCONTINUED* !!! Lowell Portfolio 1 Ltd v Jojo13

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  • #46
    Re: Lowell Portfolio 1 Ltd v Jojo13

    Originally posted by Jojo13 View Post
    Hi Nem, I did have children so it's possible but I'm sure my friend gave me a pram, I did have severe post natal depression at the time so can't actually remember. The lady at very said that no payment was ever made from the item being sent.
    Thanks Nem x
    What date was the item allegedly delivered? Could be good news.

    nem

    Comment

    • #47
      Re: Lowell Portfolio 1 Ltd v Jojo13

      Out of interest, what date is on the agreement?
      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

      • #48
        Re: Lowell Portfolio 1 Ltd v Jojo13

        Originally posted by charitynjw View Post
        Out of interest, what date is on the agreement?
        Posts and thoughts crossed I think [MENTION=5553]charitynjw[/MENTION]

        nem
        • 1 thank

        Comment

        • #49
          Re: Lowell Portfolio 1 Ltd v Jojo13

          The date on the agreement is 05.12.2009 but I didn't ask the date of delivery. Does that help?

          Comment

          • #50
            Re: Lowell Portfolio 1 Ltd v Jojo13

            Originally posted by Jojo13 View Post
            The date on the agreement is 05.12.2009 but I didn't ask the date of delivery. Does that help?
            No payment or written acknowledgment of the debt in 6 years means the debt is statute barred, and cannot be enforced via the courts.
            Presuming that the pram was the first order just after the account was opened.

            nem
            • 1 thank

            Comment

            • #51
              Re: Lowell Portfolio 1 Ltd v Jojo13

              http://www.legalbeagles.info/forums/...4&d=1477505324

              This attachment from another thread is for a SD agreement apparently dated 23/12/2009.
              APRs are significantly different in comparison to JoJo's agreement .

              Then there is this, posted by @Amethyst in September 2009 (blast from the past, Ame! :lol
              http://legalbeagles.info/forums/printthread.php?t=18906
              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
              • 1 thank

              Comment

              • #52
                Re: Lowell Portfolio 1 Ltd v Jojo13

                I have called Very back to confirm. They tell me the agreement was done online on 05.12.2009 and the item ordered 08.02.2010, dispatched 09.02.2010 and would likely been delivered within 2 days of dispatch. I need my defence in by 15th Nov and have no idea how to do this or what to write.

                Comment

                • #53
                  Re: Lowell Portfolio 1 Ltd v Jojo13

                  I need my defence in by 15th Nov and have no idea how to do this or what to write.
                  That was filed back in June, I believe.
                  Has 'Mediation' contacted you yet?
                  Btw I guess the screen-print that was sent to you is Lowell's own creation, as there are entries dating from this year.
                  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

                  • #54
                    Re: Lowell Portfolio 1 Ltd v Jojo13

                    Originally posted by Jojo13 View Post
                    I have called Very back to confirm. They tell me the agreement was done online on 05.12.2009 and the item ordered 08.02.2010, dispatched 09.02.2010 and would likely been delivered within 2 days of dispatch. I need my defence in by 15th Nov and have no idea how to do this or what to write.

                    What happened with the defence @Amethyst was helping you with back in June, why another defence now or is it a witness statement that's to be file by 15th Nov?
                    What is the issue date on the claim form?
                    nem

                    Comment

                    • #55
                      Re: Lowell Portfolio 1 Ltd v Jojo13

                      Thanks Charity, yes you are correct that my defence was done in June. Mediation did contact me but at the time I was still waiting for Lowell to send me the credit agreement and default notice and so I didn't have enough information to proceed with mediation. Would it be worth me calling them again or is that too late now. I believe I have to put my evidence in to the caught by the 15th November is that correct as it will be 14 days before I am due in court. Thank you again for all your help
                      • 1 thank

                      Comment

                      • #56
                        Re: Lowell Portfolio 1 Ltd v Jojo13

                        Originally posted by Jojo13 View Post
                        Thanks Charity, yes you are correct that my defence was done in June. Mediation did contact me but at the time I was still waiting for Lowell to send me the credit agreement and default notice and so I didn't have enough information to proceed with mediation. Would it be worth me calling them again or is that too late now. I believe I have to put my evidence in to the caught by the 15th November is that correct as it will be 14 days before I am due in court. Thank you again for all your help
                        Ahh that answers my last question it is your witness statement which I think will contain the statute barred defence.

                        so just need to know the date the claim was issued.

                        nem
                        • 1 thank

                        Comment

                        • #57
                          Re: Lowell Portfolio 1 Ltd v Jojo13

                          In post # 18 there's a screenshot noting a Default Notice was served on you on 28th August 2011 which may impact on any SB Defence. I would expect Lowells to rely on that in their evidence in the absence of a copy of the DN. Was that information sent to you by B W Legal?

                          Did you ask for a copy of the DN in your CPR 31.14 Request?

                          You've not pleaded SB in your Defence as far as I can see. Strictly speaking you need to amend your Defence if you wish to plead new legal arguments. It'll be up to the DJ on the day whether or not you can introduce the SB argument if the other side objects to it.

                          WS are exchanged simultaneously (at least they ought to be) so you will know what evidence Lowells will be presenting to the court when you get their WS next week. You'll then be in a better position to decide how to manage the hearing.

                          Di
                          • 1 thank

                          Comment

                          • #58
                            Re: Lowell Portfolio 1 Ltd v Jojo13

                            I don't think the BMW Finance - v - Hart judgment should affect the SB status of this debt in any way it is a simple contract not HP car finance.
                            nem
                            • 1 thank

                            Comment

                            • #59
                              Re: Lowell Portfolio 1 Ltd v Jojo13

                              Originally posted by nemesis45 View Post
                              I don't think the BMW Finance - v - Hart judgment should affect the SB status of this debt in any way it is a simple contract not HP car finance.
                              In your post # 20 on this thread you said the debt wasn't statute barred due to the date of the default notice (and noted it was a catalogue account).


                              Originally posted by nemesis45 View Post
                              It would certainly help to know when the account was opened and when it was defaulted.

                              . . . It's a Very Catalogue account. Default Notice Sent 22/08/11 so not Statute Barred.
                              Di

                              Comment

                              • #60
                                Re: Lowell Portfolio 1 Ltd v Jojo13

                                [MENTION=87380]Diana M[/MENTION]

                                JoJo has previously stated that no payments or acknowledgement has ever been made (personally that is), & cannot remember ever taking out this agreement.
                                Would a DN have any legal standing if incorrectly sent?
                                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

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