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*** WON *** Lowell/BW Legal

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  • #16
    Re: Lowell/BW Legal

    Hi there

    ive moderated the post you made as it contained your personal details. Ill reply to the issues raised in your post asap, either tonight or tomorrow morning when im at work.
    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.
    • 2 likes

    Comment

    • #17
      Re: Lowell/BW Legal

      Oh my lord, so let me get this straight,

      They say, the Defendant asked for the default notice, we dont have the default notice but one would have been sent.

      How can BW legal make such an assertion, they arent the original creditor , and they wouldnt know what would have been sent. Furthermore, the witness doiesnt even give the source of their information and belief for this point.

      Blimey, thats really crazy
      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.
      • 1 thank

      Comment

      • #18
        Re: Lowell/BW Legal

        I've no idea what to do. Rang the court this morning and they confirmed the hearing date, and they docs should've been submitted 14 days before. So I've missed the deadline

        Comment

        • #19
          Re: Lowell/BW Legal

          Is the agreement compliant? It seems to be missing the details re charges etc, is that good that they're missing?

          Comment

          • #20
            Re: Lowell/BW Legal

            Absolutely petrified, hearing isntoday

            Comment

            • #21
              Re: Lowell/BW Legal

              Originally posted by Rfgillon View Post
              Is the agreement compliant? It seems to be missing the details re charges etc, is that good that they're missing?
              What agreement?
              I can't see, from your previous posts, that the Claimant have sent one in response to your CCA request.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick
              • 1 thank

              Comment

              • #22
                Re: Lowell/BW Legal

                Originally posted by charitynjw View Post
                What agreement?
                I can't see, from your previous posts, that the Claimant have sent one in response to your CCA request.
                indeed,cant see any agreement at all
                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.
                • 1 thank

                Comment

                • #23
                  Re: Lowell/BW Legal

                  ahh sorry that was in the post i moderated cos you left your details on, id focus on the Default notice which they do need, ive highlighted a point on their witness statement above, they cannot just hope the Court will take a leap of faith
                  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.
                  • 1 thank

                  Comment

                  • #24
                    Re: Lowell/BW Legal

                    How do I view the point in the witness statement? X

                    Comment

                    • #25
                      Re: Lowell/BW Legal

                      I think he means this post - about the default notice - http://legalbeagles.info/forums/show...661#post711661
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps
                      • 1 thank

                      Comment

                      • #26
                        Re: Lowell/BW Legal

                        Oh my goodness, I won! The claimant's legal rep had not been passed my court bundle, and when he read the judge's copy said that he only had one question for me "had I received, or could I remember receiving, the default notice? When I replied No, the judge ruled that, as the cr agreement and claim notice had my correct address, but the notice of assignment etc had an incorrect address, the likely hood was that the default notice had been sent to the wrong address. Therefore, it is deemed that it has not been sent and the claimant cannot continue with enforcement! So, claim dismissed!
                        • 4 likes

                        Comment

                        • #27
                          Re: Lowell/BW Legal

                          Good news!
                          [MENTION=49370]Kati[/MENTION] for info.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick
                          • 1 thank

                          Comment

                          • #28
                            Re: Lowell/BW Legal

                            Originally posted by Rfgillon View Post
                            Oh my goodness, I won! The claimant's legal rep had not been passed my court bundle, and when he read the judge's copy said that he only had one question for me "had I received, or could I remember receiving, the default notice? When I replied No, the judge ruled that, as the cr agreement and claim notice had my correct address, but the notice of assignment etc had an incorrect address, the likely hood was that the default notice had been sent to the wrong address. Therefore, it is deemed that it has not been sent and the claimant cannot continue with enforcement! So, claim dismissed!
                            Ahhh brilliant. Kudos that Judge. Well done
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps
                            • 2 likes

                            Comment

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