SARS agreements etc

[MIKE770]

Re: SARS agreements etc

IF a claim has been issued then LOWELLS solicitors cannot put cases on hold,, the court system rules;- ignore their hold mis leading comment, they hope you believe them that the case has stopped for now, it has not, they hope to get a CCJ against you by default.


They can produce at a later date down the line but not too far down,

[charitynjw]

Re: SARS agreements etc

Hi charity I haven't yet as iv only just recieved it not sure how to fill it in ... I wanted to know if this email from lowells saying they would send me documents on the debt can be used from that date as I have it in black and white them saying they would get the documents from the oc and send to me while they were doing that they said they hav placed the acct on hold what do I do use this letter as evidence which means they hav run out of time thanks

The form is fairly simple & has guidance notes.
Give a bit of thought as to which court venue you'd prefer. It may be that a nearby one might have better facilities (parking/shopping etc) compared to your 'local' one.
The court has final say as to where the hearing will be.

[Pippincat]

Re: SARS agreements etc

Thanks charity regarding form ...do I send a copy of this letter that lowells sent me by email as they haven't sent any documents and it's gone by the time allowed 12 days to the court with any other evidence of being statured barred don't know what I do regarding that as this debt is deffo statured barred thanks

[Pippincat]

Re: SARS agreements etc

I haven't sent any paperwork to the court as yet just filled in the defence form and I will be doing the directions form tomorrow do I send them all other evidence I have as well thanks

[charitynjw]

Re: SARS agreements etc

The N180 form is purely to express a preferred venue for the hearing, to ensure the address for serving documents to you is correct, whether you are agreeable to mediation etc.
It's not for any raising any legal points or arguments.

[Pippincat]

Re: SARS agreements etc

Hi do I send evidence of this debt being statured barred to the court surely they need to know so it doesn't commence to a hearing this should not even be going to court this debt

[charitynjw]

Re: SARS agreements etc

Hi do I send evidence of this debt being statured barred to the court surely they need to know so it doesn't commence to a hearing this should not even be going to court this debt

It's not necessary to send anything with the DQ.

[Pippincat]

Re: SARS agreements etc

Hi all iv recieved a so called agreement from lowells not the original just a photocopy of it last payment was 31/12/09 so I obviously have paid nothing since January 2010 iv had no contact with shop direct in all this time either but lowells are claiming it defaulted march 2012 almost 2 years from when i last made payment and hence trying to use this default date as the last cause of action so they are saying the 6 year limitation fund from 2012 to 2018 thanks everyone

[nemesis45]

Re: SARS agreements etc

Hi all iv recieved a so called agreement from lowells not the original just a photocopy of it last payment was 31/12/09 so I obviously have paid nothing since January 2010 iv had no contact with shop direct in all this time either but lowells are claiming it defaulted march 2012 almost 2 years from when i last made payment and hence trying to use this default date as the last cause of action so they are saying the 6 year limitation fund from 2012 to 2018 thanks everyone

You can still argue that the start of the relevant 6 year period is the date when payments ceased, the claim that the default date is relevant comes from
an Appeal Court decision in BMW Finance Ltd - v - Hart which was in regard to a hire purchase agreement Not a simple contract such as this claim.

Please post a copy of what you have received from Lowell after removing all personal information.

nem

[Pippincat]

Re: SARS agreements etc

Hi nem the agreement has not got my signature on it , it's just been printed off with my name and address at the top

- - - Updated - - -

It's a reconstituted one

[nemesis45]

Re: SARS agreements etc

Hi nem the agreement has not got my signature on it , it's just been printed off with my name and address at the top

- - - Updated - - -

It's a reconstituted one

Please post a copy (s) of all that you have received it may well not meet the requirements of a CCA request.

nem

[Pippincat]

Re: SARS agreements etc

Hi nem how do I post it on here iv taken pics of them but don't know how to get it on here thanks

[nemesis45]

Re: SARS agreements etc

Hi nem how do I post it on here iv taken pics of them but don't know how to get it on here thanks

Hi I'll get some help for you from a lady who knows all the " tricks"!!
[MENTION=49370]Kati[/MENTION] can you help please?

nem

[Pippincat]

Re: SARS agreements etc

They have said in a letter it defaulted 20th march 2012 then on this other letter it says 13th Feb 2012 and they bought it 24th march 2012 none of it add up . The last payment was 31/12/2009 and no acknowledgement to shop direct since then just seems a lot of different dates for the default and so late also near when they bought it

[nemesis45]

Re: SARS agreements etc

They have said in a letter it defaulted 20th march 2012 then on this other letter it says 13th Feb 2012 and they bought it 24th march 2012 none of it add up . The last payment was 31/12/2009 and no acknowledgement to shop direct since then just seems a lot of different dates for the default and so late also near when they bought it

Emm sounds rather concerning Pippin, I'll read all of the thread again in the morning and get back to you.


nem