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Hi Celestine, thanks for commenting. I'm meant to be replying to their email today, I don't want them to strike out my defence. Should I respond? Or just leave it?*
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If they apply to strike out your defence you will have opportunity to file a witness statement against it, in which you’ll cite incomplete terms.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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Hi yes, this:
If they make an application to strike out your defence then you will have opportunity to supply a witness statement against the application, you would evidence the incomplete terms as your reason that their application should be defeated.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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Ok that's brilliant thank youComment
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Im sorry guys but the incomplete terms argument wont fly. The terms are there. they are clearly marked on the agreement 1,2,3 the following terms are over the page it seems, but 1 2 and 3 are there.I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Ah man! Never mind.Â*Comment
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So no other suggestions then? Apart from maybe how legible (or not) it is?Â*Comment
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I cant think of anything at the moment based on the papers. I must stress however that papers arent always the only thing needed for a case before we can offer any pointers. For example the issue of any other disputes with the lender may be worth look at
Have they treated you fairly
Was there any irresponsible lending
Are there goods purchased on credit which were defective and which would fall within s75 Consumer Credit Act
Is there an unfair relationship etc.
These points fall away from the actual papers and relate to the facts of the case, we dont know whether the answers to the above are yes or no, we dont know if there are more questions that may apply to your case.I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Not sure about fair treatment as it was 10 years ago.
Not sure about responsible lending either?
Nothing defective that I can remember purchased.
Unsure about an unfair relationship.Comment
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Have you got all information regarding the debt have you sent off for your Subject Acess Request?Comment
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Morning Sloane, yes tesco sent me hard copies of everything back in AprilComment
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Have you contacted the Financial Ombudsman Service regarding this?Comment
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Hi,
sorry I never saw this message months ago for some reason?
I've just received another letter from Lowell, a settlement proposal without prejudice to avoid costs.
The last letter they sent in June, it was left that if I didn't respond I would receive the court paperwork but all I have received so far is this letter.
They've given me the option of paying £1400 in one lump sum.
A reduced settlement of £1500 by monthly instalments of £40 through a Tomlin order
And they've cleverly continued on the next page which I didn't see until now, that Tesco is willing to consider a reasonable offer of settlement from me by way of lump sum or monthly instalments. The offer remains open until the 5th of January 2020 apparently. Which I've missed by almost a year. Excuse my French but what a bunch of ****ing monkeys, can't get a bloody date right
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they are panicking usually before they discontinue or loose their deposit maybe?Comment
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