**WON!!** Can I amend a poor defence ?

[nemesis45]

Re: **WON!!** Can I amend a poor defence ?

Well I was hoping that Lowell didn't turn up but they did, he approached me in the waiting room and asked if I wanted to discuss anything ahead of the case, which I refused. Then once in with the judge he went through his witness statement and picked out all of the discrepancies within their own paperwork and highlighted these to the judge ahead of me bringing them up. Once it was my it was my turn I pointed out that there were no Ts & c's, & the statements according to s78 I should have received a yearly one in 2012,2013,2014,2015,2016 etc and have never received any. There were discrepancies in the amount claimed which I had pointed out in my ws and the judge said that if he were to award judgement it would be for the lesser of the 3 amounts. Anyway to cut a long story short, the judge asked for the Ts & C's and he couldn't provide them and then the Lowell guy asked for the case to be adjourned so he could get hold of them - the judge said absolutely no way this would be adjourned since I had asked for them in the cpr request in Feb 2016. then the judge ruled on dismissal and the Lowell man asked for the claim to be struck out instead so they could bring the case back to court with the correct docs and the judge said no, they had had ample time to supply them. Judge then asked if I would like to claim costs and I said yes, they limited them to £100 for time, postage and travel expenses.
All in all a successful day, but not one I would wish to repeat!

Thank you all for your help with this, I'm enjoying a glass of wine, whilst I wait for a cheque for £100 to arrive

xxmooxx

Who did Lowell send please?

nem

[xxmoomooxx]

Re: **WON!!** Can I amend a poor defence ?

not sure if he was a local one or actually from Lowell - he was a pleasant enough chap though

[MIKE770]

Re: **WON!!** Can I amend a poor defence ?

they use local ones

[Diana M]

Re: **WON!!** Can I amend a poor defence ?

the judge asked for the Ts & C's and he couldn't provide them and then the Lowell guy asked for the case to be adjourned so he could get hold of them - the judge said absolutely no way this would be adjourned since I had asked for them in the cpr request in Feb 2016. then the judge ruled on dismissal and the Lowell man asked for the claim to be struck out instead so they could bring the case back to court with the correct docs and the judge said no, they had had ample time to supply them.

^ ^ ^ that's my favourite part

It's good when a DJ takes a tough line on there being a cut off point for a Claimant to disclose documents (which they should have had in their possession before they issued proceedings).

Your experience gives hope to other forum members. Thank you for the detailed feedback.

Di

[PAWS]

Re: **WON!!** Can I amend a poor defence ?

Oh well done Diana, Nem and Mike for your expert guidance and hats off to you XXMOOXX for standing up to them. That is not an easy thing to do.
Take a bow all concerned

[xxmoomooxx]

Re: **WON!!** Can I amend a poor defence ?

Hi all

just a quick question that i'm hoping you can also help with .

Now this is over, do they remove it from the credit file, or will it stay on there ? The default date is wrong and the amount showing as owed changed in August to include the court fees etc - now it's finished should they not update this and put it back to the original amount ?

Thanks
xmoox

[nemesis45]

Re: **WON!!** Can I amend a poor defence ?

Hi all

just a quick question that i'm hoping you can also help with .

Now this is over, do they remove it from the credit file, or will it stay on there ? The default date is wrong and the amount showing as owed changed in August to include the court fees etc - now it's finished should they not update this and put it back to the original amount ?

Thanks
xmoox

The credit file entry stays on record until the 6th anniversary of the default date.

If the date shown is wrong then you will need to make a Formal Complaint to the Data Controller at the original creditors head office and copy it to the claimant.

You need to provide evidence to support your challenge.

nem

[xxmoomooxx]

Re: **WON!!** Can I amend a poor defence ?

Thanks Nem, not sure it would make a whole lot of difference to my credit file anyway, and i'm tired from it all so will just leave it - Thank you!

[nemesis45]

Re: **WON!!** Can I amend a poor defence ?

Hello Moo,

If you decide to try please feel free to tag [MENTION=55034]nemesis45[/MENTION] I would be happy to help you tackle the challenge.

nem

[xxmoomooxx]

Re: **WON!!** Can I amend a poor defence ?

Thank you