• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Lowell Court hearing

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Lowell Court hearing

    I have gone through the whole procedure with lowell they sent me the court letter months ago and it had two credit card on it. I followed the procedures for requests ect and filed my defence. They failed to produce any paperwork and then it was sent to small claims I refused the mediation on the grounds that no paperwork had been sent that I requested. I then received notice of a court hearing even though no paperwork had been supplied. I sent my witness statement and then after that they sent documents that I requested. I emailed the court and let them know that they were not within the tone frame to present these documents. I also never received a copy of their witness statement. The court date was set for the 26th and I had emailed the court to say I had njt received the witness statement from then and copied them in. I then received an email and it seems they sent the witness statement to an email i never use anymore even though all the other documents had been sent by post. I also disagree that I was informed that one the accounts were taken over by them as I was never informed even though they included a letter to this effect in the paperwork. I have since agreed to a consent order to postpone the case until June. I need to know how to proceed. Can I ask that there witness statement be ignored as I did not receive it in the appropriate time frame (I also did not send them a copy of my witness statement) if both witness statement cannot be entered then surly my original defence of not receiving the paperwork must be heard and the case heard based on this. Anything helpful would be appreciated. It really annoys me they Lowell have not followed any timelines and this should have been dropped when I got to the mediation stage they have used delay tactics ect to get this to court
    Tags: None

  • #2
    you need a lot of help as things got out of hand (due to your lack of knowledge = which as many oi us would fail on) do not think they have to supply there and then (Lowells play games within law) they would have been forced later in proceedings by the court or discontinue. you refused mediation (Court expect save as to time th - they would state no mediation possible and inform court lowells failure)at you agree mediation = your case they would of asked have you all documents etc to mediate?? you would say no - then they would state no mediation and inform court for next stage as Lowells failed to supply at this stage. read thread lowells and you will see this happens a lot on lowells threads. they do it to unsettle you and many people panik that is what they want. Celestine have asked help for you!

    Comment


    • #3
      Originally posted by tommyhd View Post
      I have gone through the whole procedure with lowell they sent me the court letter months ago and it had two credit card on it. I followed the procedures for requests ect and filed my defence. They failed to produce any paperwork and then it was sent to small claims I refused the mediation on the grounds that no paperwork had been sent that I requested. OK, all understood
      I then received notice of a court hearing even though no paperwork had been supplied. I sent my witness statement and then after that they sent documents that I requested. Which documents did you receive?
      I emailed the court and let them know that they were not within the time frame to present these documents. OK
      I also never received a copy of their witness statement. The court date was set for the 26th and I had emailed the court to say I had not received the witness statement from then and copied them in. I then received an email and it seems they sent the witness statement to an email i never use anymore even though all the other documents had been sent by post. OK - do you have their witness statement now. Now the case is delayed, this is less of an issue.

      I also disagree that I was informed that one the accounts were taken over by them as I was never informed even though they included a letter to this effect in the paperwork.This happens a lot, but assignment flaws can be remedied so dont get too hung up on this point.
      I have since agreed to a consent order to postpone the case until June. OK Good, bit of time to understand whats going on.

      I need to know how to proceed. Can I ask that there witness statement be ignored as I did not receive it in the appropriate time frame You can try but you wont get far as the case has now been postponed so you will have had opportunity to consider the witness statement. This would only have been seriously problematic if the case on the 26th had proceeded.
      (I also did not send them a copy of my witness statement) Why not? if both witness statement cannot be entered then surly my original defence of not receiving the paperwork must be heard and the case heard based on this. Err no, not if one side has not sent it deliberately. At least they can pretend to have sent it albeit to the wrong email. Never wise to play tit for tat in court cases!
      Anything helpful would be appreciated. It really annoys me they Lowell have not followed any timelines and this should have been dropped when I got to the mediation stage they have used delay tactics ect to get this to court
      OK - in order to help you we need some hard facts about the account.

      What year did it open, why did you default, when?
      The documents they have sent through - what are they?
      We should assess whether they help you at all before you communicate further.

      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

      I am proud to have co-founded LegalBeagles in 2007

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

      Comment


      • #4
        Thank you for replying. I have resigned myself to the fact that I need to ask them for a payment deal. I refused mediation due to lack of documents yet they managed to get this pushed to court. I failed to pay at least one of these cards but don't recall the other legally I don't have a leg to stand on. They sent me statements a d agreements all electronically signed no real sig iture on them. Also copies of the letter explain they were taking over the debt even though I know I did not get one of them but a judge will not accept that as I suppose I have to prove I did not get tit as opposed to them proving they sent it. I'm at a loss what to do

        Comment


        • #5
          for further info never refuse mediation as it is expected that parties mediate - save as to court time:- you would of been asked by mediation do you have all necessary documents etc to mediate - you would state no they would then inform court no mediation possible and pas the case for court instructions!

          later in proceedings you would ask the court if necessary to issue instruction to them to produce, or possibly discontinue etc???? which ever way they want! they are trying you and you fall for it dirty game played. so now on discuss with people on here before you make a move, and up date latest contacts?

          Comment


          • #6
            Thank you. I screwed that up I'm afraid I guess I will just have to face the court order. Am I better letting it play out on court or ask them for a tomlin order???

            Comment


            • #7
              No all is not lost = court will contact you for next stage = allocation etc, you can in the proceedings soon ask the court to get order of disclosure, that will jolly them up, at that stage they probably have a case to discontinue case as they are liable to loose their deposit, but that is further in proceedings, Tomlin order only as last minute, as they hope to get one due to your lack of knowledge of procedure or panicking des8

              Comment


              • #8
                Well my knowledge is certainly lacking. What is an order of disclosure and what purpose does it serve

                Comment


                • #9
                  Basically when the time right and documents not been supplied you ask the judge to order disclosure

                  Comment


                  • #10
                    Look around the site under Lowell's to get insight into what they tend to fo

                    Comment


                    • #11
                      They have provided the agreements statements ect but after the fact so documents are provided I don't understand how this will work now

                      Comment


                      • #12
                        Ah! They supplied all documents etc when did you take out the alleged agreement

                        Comment


                        • #13
                          Celestine

                          Comment


                          • #14
                            The account is not statute barred. I'm not really sure what to do next I reckon they have got me and I need to ad.mit defeat and offer payment hiow do I prevent a ccj

                            Comment


                            • #15
                              Ok - you really need to focus here!
                              Please read my post #3 again, there were a few questions I asked about year account opened, default etc.
                              Thanks
                              "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                              I am proud to have co-founded LegalBeagles in 2007

                              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                              If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X