Help with Lowell Defended Claim

[barrymcdonald1966]

Hi
I am after a little help

Lowell Financial took me to court for an allegded shopdirect debt. Originally it was in Northampton court, where the judge ordered the case to be stayed as Lowell hadnt complied with the courts directions or supplied the required proof of ownership etc. I saw the opportunity (stupidly looking back at it!) to apply to have the case struck out. I was unable to attend the strike out hearing and judgement was made against me in my absence. I have since applied and successfully had that order set aside.

I now have 2 weeks to write a detailed defence, which the Judge has asked me to do

My defence is I dont recognise the debt as being mine.
Lowell didnt provide a copy of the default notice in the court pack, none of the letters (notice of assignment etc) were on headed paper so they could have been written by anyone, they didnt provide full statements of account just a summatry which shows the transactions in the last 3 years. The judge ruled that although these are were breaches of the various CPRs, they were minor and didnt have any affect on the case. But as far as I am concerned Lowell havnt sufficiently provided proof of owner ship


I am more than happy to email copies of what Lowell are using in court against me.
I really dont know where to start with all of this.According to the judge in northampton there wasnt enough evidence to continue with a case yet I started the ball rolling again with the strike out request [IMG]file:///C:\Users\david\AppData\Local\Temp\msohtmlclip1\01\ clip_image001.gif[/IMG]



thanks

[warwick65]

Re: Help with Lowell Defended Claim

How much was the debt for?
[MENTION=87380]Diana M[/MENTION]

The file you have uploaded doesn't show

Did you do the usual when the claim arrived
i.e CCA request
CPR 31.14 request
SAR to shop direct

[barrymcdonald1966]

Re: Help with Lowell Defended Claim

How much was the debt for?
@Diana M

The file you have uploaded doesn't show

Did you do the usual when the claim arrived
i.e CCA request
CPR 31.14 request
SAR to shop direct

676.91

Plus 150 costs (solicitors, court and interest added by lowell)

The judge ordered today that whoever loses has to pay the other sides costs

- - - Updated - - -

yes i did and heres all the documents regarding the case including what lowell are using in court

The statement of accoutn provided to me in the CPR request is different to the one used in court. The one in court has many new items added to the 3 year summary which funnily enough werent there on the previous 3 year summary

[warwick65]

Re: Help with Lowell Defended Claim

Well
I think argued correctly the lack of a DN might help you

The statement of account need only be a signed letter saying what the outstanding balance is

[barrymcdonald1966]

Re: Help with Lowell Defended Claim

Well
I think argued correctly the lack of a DN might help you

The statement of account need only be a signed letter saying what the outstanding balance is

I have to say this make the whole UK legal system a bit of a joke. I could type up something in Microsoft Word myself that looks identical to what lowell provided and then take hundreds of people to court for money they dont owe.
The is no proof of authenticity to any of the documents, there is no proof goods were supplied and delivered by the original creditor, its a funny old

[warwick65]

Re: Help with Lowell Defended Claim

I have been looking at your documents and it seems they are saying you tried to make another application with a different spelling of your surname. Obviously that may just be a mistake but it may raise questions in the judges mind

The payments made to shop direct, I suspect they might be able to say what bank account they came from so it would look like you had taken the credit and had the goods

As I said before, if you argue your case correctly , the lack of the DN should be in your favour.

The comments written across the paperwork, were these seen by the Judge as they look rather confrontational and angry to me, I understand but the establishment may see it as someone just trying to avoid paying what they owe.

[Amethyst]

Re: Help with Lowell Defended Claim

The first print out of the statement seem to have missed off the bottom end (ie only 4 rows printed so missing off last 3 in col 1 and last 1 in col 2) - could just be a copying error by the looks of that.

[Amethyst]

Re: Help with Lowell Defended Claim

The payments made to shop direct, I suspect they might be able to say what bank account they came from so it would look like you had taken the credit and had the goods

Probably have the delivery sigs too - Very use couriers and get sigs for the big stuff.
That different surname bit seems to be when the order was placed for the Samsung TV (last item on full list) Are the items on the list recognisable to you? Just checking as

My defence is I dont recognise the debt as being mine.

The DN bit - a note on the screen shot of account status along with a copy of a template DN has been accepted by the court in a few case so would need arguing well if that was all there was to defend on.