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Lowell v Outerspace

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  • Lowell v Outerspace

    Hi All,

    Help needed and new to this so anyone that can help its greatly appreciated - Here is my story so far:

    • Received County Court Summons
    • Defended Claim - Advised in defence i have requested CCA documentation along with other documentation numerous times and haven't had a reply - In addition also advised i don't recall this debt
    • Received response from court advising this was now a defended claim and to complete Small Claims Questionnaire - Which i did and sent off
    • Received response from Lowell with their questionnaire which stated they would mediate - Which i did on mine too
    • Spoke with mediation team who advised they were unable to mediate as i wasn't prepared to come to an agreement as i disputed the debt still to lack of CCA and don't recall this debt - They advised to contact Lowell directly again to see if they would send it
    • Emailed Lowell with a copy to myself advising i don't recall this debt and requested documents of anything relating to me regarding this along with CCA - Also stating it was last attempt i would try to get this info and i would be keeping a copy for the judge
    • Received letter in post advising client is only able to provide a copy of the account statement which they attached for my review and they note receipt of my defence and their client still intends to proceed
    • Emailed them back with the standard Account In Dispute template advising they have failed to supply the CCA in the correct time-frame and they are now in default and debt is unenforceable at law
    • Received reply apologising for the delay and stating "I note that you have filed a defence to the claim. We are obliged to comply with the court deadlines and will do so until the agreement is received.

      Under the Consumer Credit Act, if we are unable to comply with the request for the agreement within the 12 day time frame, we are unable to take enforcement action until we do comply. Requesting judgment is classed as enforcement action, issuing proceedings is not.

      I trust the above explains the matter. We will be in touch once a copy of the agreement has been received. "
    • Received court date to attend for 2 months time advising allocated small claims track but stating the court believes that your case is suitable for mediation
    • Emailed mediation team and currently going to try and set a date for both parties before hearing
    • Received another update from Lowell today advising "We apologise for the delay in sending out the documents you have requested. Our client has responded to your documents request.

      The credit Agreement is currently unavailable. However please find attached the statement"
    • This was the same statement they had previously sent

    What is the recommendation on next steps please? Do i just ignore them now as no CCA and attend court and advise judge of this considering they have already said no CCA means they cant request judgement?

    Any help appreciated as want to ensure i have done everything on my end prior to any court date

    Thanks
    Tags: None

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