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

[Diana M]

Re: Can I amend a poor defence ?

CCA Request has been sent today, recorded + £1 statutory fee.

^ ^ ^ I've just seen this post dated 30th December where you sent a s.77-79 CCA Request for the first time.

So what have you've argued in your Defence or included in your WS since these were both filed at court before you sent that CCA Request?

Nevertheless you have sent a CCA Request in the nick of time.

Stricktly speaking you can only argue in court what you've pleaded in your Defence.

Has the Claimant paid the hearing fee on time (or at all)?

Di

[xxmoomooxx]

Re: Can I amend a poor defence ?

Thank you Di, I'm not holding out much hope, not even sure its worth taking the day off for

[xxmoomooxx]

Re: Can I amend a poor defence ?

My defence was poor, I filed it same day I acknowledged claim as I didn't know what I was doing. Just said they had been hounding me for a debt for 5 years that they needed to prove was mine. I had sent pre-action protocol letter in Jan 2016 - then in August I received the court claim. They have provided the documents attached above.
I filed my WS on time date directed by court. The WS claims that the evidence they have provided in contradictory, the statement, the court claim and the default notice all have different amounts on them. Never received a NOA. I did send a CPR1.14 request in September and they just supplied same docs again. As yet no reponse to the CCArequest.

[xxmoomooxx]

Re: Can I amend a poor defence ?

I don't know if the fee has been paid, I can only assume it has. The court document states to phone after 3pm the day before the hearing to make sure its still on for the next day. Was intending to phone them wed pm.

[Diana M]

Re: Can I amend a poor defence ?

I'm not holding out much hope, not even sure its worth taking the day off for

Dont give up hope

They may not even turn up for the hearing due to the amount claimed and your WS which you says points out loads of indiscrepancies in the documents which they have disclosed.

Have you had any acknowledgement of your CCA Request which you sent to Lowells on 30th December? You've said no response but does that mean no acknowledgment too?

Call the court in the morning to see if they've paid the hearing fee. If not then the court may decide to strike out their claim if you ask them nicely.

Di

[xxmoomooxx]

Re: Can I amend a poor defence ?

Thank you No acknowledgement as yet, but they signed for it on the 31st. Ok I will call court tomorrow and see if its going ahead. Thanks Moo

[Diana M]

Re: Can I amend a poor defence ?

No acknowledgement as yet, but they signed for it on the 31st. Ok I will call court tomorrow and see if its going ahead.

What you need to check is whether the hearing fee has been paid. The hearing won't have been vacated unless the Claimant has discontinued and told the court they don't need the slot. I doubt that's happened or you would have heard about it. Although there's still time

Then you need to make a list of the things you want to tell the DJ when you get there.

Start with any documents that they may have failed to disclose which are necessary to prove their case.

Then make a list of any documents which they have disclosed which are questionable and full of discrepancies so cannot be relied on to prove their case.

You will need to make the point that it matters because you have served them with a s.78-79 CCA Request which they have not (in your view) complied with. You'll be introducing a new legal argument but fingers crossed the DJ will listen to your argument because you are a LIP.

I'm sure you'll get more help and support from the Beagles before Thursday's hearing.

Di

[xxmoomooxx]

Re: Can I amend a poor defence ?

Thank you Di, I will start on the lists this evening.

[Diana M]

Re: Can I amend a poor defence ?

Thank you Di, I will start on the lists this evening.

Good plan

Half the battle is how you present things in court.

I was only raising points that the other side might raise so you can anticipate your response to them in advance.

Good luck with your battle plan

Di

[xxmoomooxx]

Re: Can I amend a poor defence ?

Hi,

Can I just ask as Lowell solicitors have lapsed on the FCA register can they still represent Lowell portfolio in court ?

Thanks
moo

[nemesis45]

Re: Can I amend a poor defence ?

Hi,

Can I just ask as Lowell solicitors have lapsed on the FCA register can they still represent Lowell portfolio in court ?

Thanks
moo

I think I remember there being a previous " Lowell Solicitors " which was dormant for a considerable period it could be that entity that shows permissions have lapsed.

Also as Lowell Solicitors is a wholly owned subsidiary of Lowell's FCA registered entity it will be covered by that licence as an " authorised representative.

nem

[MIKE770]

Re: Can I amend a poor defence ?

try the SRA

[MIKE770]

Re: Can I amend a poor defence ?

Law firm search

Search for information about SRA-regulated law firms in England and Wales.
Name searchID search
Enter afirm SRA ID
Found 1 results for 622605

Name
SRA ID
Location
Offices

LOWELL SOLICITORS LIMITED
622605
Leeds

1

[xxmoomooxx]

Re: Can I amend a poor defence ?

Thanks Nem, Mike

I would imagine that a Local solicitor will come to court anyway rather than them.

Thanks
Moo

[nemesis45]

Re: Can I amend a poor defence ?

Thanks Nem, Mike

I would imagine that a Local solicitor will come to court anyway rather than them.

Thanks
Moo

Their listed solicitor is the infamous Ms Sara de Tute I doubt she would turn out!

nem