I Lost Lowell court case.

[vale]

Hi,Today I attended court for a hearing on my debt to Lowells.They had an agent turn up on their behalf.
My argument was that they never sent me a copy of the agreement,Or the default notice,Or never explained how the monies had accrued to so much.
They admitted in their witness statement that they did not have copies of either.
A ll they had was a small statement from the original creditor with my name and how much I owed,No signatures.
The judge was uncaring,And announced that I did owe them the money even though the other documents were missing.
So now I am faced with an order to the sum of over 9,000 pounds,AndI have forms to fill in for an application for suspension of warrant/Or variation of an order.
Thing is,I have no means of paying this sum,As I receive disability benefit.Do they take money from you if it is a benefit?
I iintend to ask the CAB for help in filling out the forms.
I asked the judge at the end of the hearing for some information on the forms,But no joy ,She would,nt commit to telling me anything,Just said that it was up to Lowells what they did after filling out the forms.
Having no agreement or default notice has not made any difference ,Lowell still won! Sorry for the long post, Thankyou,Vale.

[JulieM]

Re: I Lost Lowell court case.

Hi Vale

Without knowing the details of how you defended the claim it would be hard for anyone to comment. If the judge made an error it may be able to appeal but you would need proper advice on that.

If if you fill in your income and expenditure and make an offer that is reasonable it will be accepted, for example a few pounds a month maybe less. Yes get CAB to help you. Great idea.

[Kati]

Re: I Lost Lowell court case.

Without knowing the details of how you defended the claim it would be hard for anyone to comment. If the judge made an error it may be able to appeal but you would need proper advice on that.

other threads -
http://legalbeagles.info/forums/show...on-bulk-centre
http://legalbeagles.info/forums/show...sanction-order
http://legalbeagles.info/forums/show...-court-hearing
[MENTION=77431]vale[/MENTION] ... did you do a witness statement in the end? What did you put for your defence?

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION] xx

[vale]

Re: I Lost Lowell court case.

Yes I did a witness statement,Of sorts.I had to write it myself as I have not got a printer anymore,But I t was a rush,A nd I got the date of the hearing wrong,I thought it was the 12th of August,But it was the 15th,I only realised when I got up on the 12th and got the court date out!
I have been in a dither all week,And have been quite ill,Not made any better by the thought of going to court.
These Lowell people are so sneaky,After the judement when they won,The Lowell agent actually wanted to have another go by saying Lowell wanted her to mention unreasonable behaviour??
seeing that I have never spoken to any of the Lowell lot,And only contacted them by letter,I have no idea what the unreasonable behaviour was about,As the judge said it was not going to make any difference as the order had been made? So I never found out! Vale.

[charitynjw]

Re: I Lost Lowell court case.

As far as I can see (but have only skim-read), this is for a regulated agreement, a CCA request was made but not complied with.
[MENTION=77431]vale[/MENTION]......could you verify the above?

[JulieM]

Re: I Lost Lowell court case.

Hi Charity
i read the threads and couldn't work out if a cca request with fee was made or just a request for the. Agreement if you see what I mean. I am also not sure assuming a cca request was made if this was put forward as the reasons for a defence as opposed to just they haven't sent me an agreement.

Thats why I was wondering about the prospect of an appeal.

[vale]

Re: I Lost Lowell court case.

Hi,I really don't know,All I know is I have repeatedly asked for copy of agreement and default notice and sent the £1 postal order to both Lowell solicitors and Lowell portfolio,And none were ever sent. Thanks,Vale.

[charitynjw]

Re: I Lost Lowell court case.

Hi Charity
i read the threads and couldn't work out if a cca request with fee was made or just a request for the. Agreement if you see what I mean. I am also not sure assuming a cca request was made if this was put forward as the reasons for a defence as opposed to just they haven't sent me an agreement.

Thats why I was wondering about the prospect of an appeal.

Yep, I understand.

It would be advantageous to us if [MENTION=77431]vale[/MENTION] could post up the submitted defence. (With personal details obscured).

[vale]

Re: I Lost Lowell court case.

I will have to type it out as I have not got means to send copies.

1,Recieved claim form on 16 1.2016.
2,Claimant states that account was assigned from shop direct to themselves on the 19.4 2013.
3,Defendant denies receiving notice of this assignment.
pursuant to s87Consumer credit act 1974,The claimant is required to prove that a compliant default notice was served upon the defendant.
4,Request for documents was requested in2014,To which I never received.I also requested proof of how this money had accrued. Documents requested was for original agreement,Default notice,And notice of assignment.
5,I have requested same documents on the 16 1.2016,With a fee of £1.00 ,to both Lowell Portfolio,and Lowells solicitors.
6,On the 8.2 2016,I have still not received any documents from claimants.
7,In the event that these documents are sent to me,I will then be in a position to amend my defence.
8,I understand that these documents have to be produced within a certain time
9.I will also add that I am surviving on sick benefits,And being pursued in a court,is unlikely to produce the amount being claimed for.
I

I cant find my original defence notes,But this is about the closest to what I put.Thanks Vale.

[JulieM]

Re: I Lost Lowell court case.

Maybe [MENTION=87380]Diana M[/MENTION] could give some thoughts

[charitynjw]

Re: I Lost Lowell court case.

I will have to type it out as I have not got means to send copies.

1,Recieved claim form on 16 1.2016.
2,Claimant states that account was assigned from shop direct to themselves on the 19.4 2013.
3,Defendant denies receiving notice of this assignment.
pursuant to s87Consumer credit act 1974,The claimant is required to prove that a compliant default notice was served upon the defendant.
4,Request for documents was requested in2014,To which I never received.I also requested proof of how this money had accrued. Documents requested was for original agreement,Default notice,And notice of assignment.
5,I have requested same documents on the 16 1.2016,With a fee of £1.00 ,to both Lowell Portfolio,and Lowells solicitors.
6,On the 8.2 2016,I have still not received any documents from claimants.
7,In the event that these documents are sent to me,I will then be in a position to amend my defence.
8,I understand that these documents have to be produced within a certain time
9.I will also add that I am surviving on sick benefits,And being pursued in a court,is unlikely to produce the amount being claimed for.
I

I cant find my original defence notes,But this is about the closest to what I put.Thanks Vale.

Was it a templated defence?
If so, from where?
& how was it sent to court? Post? Email? Something else?

[vale]

Re: I Lost Lowell court case.

Was it a templated defence?
If so, from where?
& how was it sent to court? Post? Email? Something else?

It was submitted online on mcol, I have tried to get on the site but it wont let me sign in at moment.VALE.

[charitynjw]

Re: I Lost Lowell court case.

Was it a templated defence?
If so, from where?
& how was it sent to court? Post? Email? Something else?

It was submitted online on mcol, I have tried to get on the site but it wont let me sign in at moment.VALE.

####

[vale]

Re: I Lost Lowell court case.

submitted on mcol,No,not off a template.