N v Lovell

[NvLovell]

Hi all,

So I've been going through the process with Lovell and I now have a Court date, 14th June, which is the date I am on holiday, can this be changed?

After many months, Lowell have sent the attached information through. I have a couple of questions. The date of the contract is 2005! I'm unsure when, if it was ever paid so how can I prove Statue Barred? This is for a store card.

Also they've sent a copy of the signed T&Cs but it looks very short, can I send this to someone to look at as it has my name & address etc all over it.

I've added the rest of the documents, any help / guidance would be greatly appreciated!



N

[NvLovell]

Re: N v Lovell

Documents recieved;

[NvLovell]

Re: N v Lovell

2nd batch of docs

[NvLovell]

Re: N v Lovell

3rd Batch

[charitynjw]

Re: N v Lovell

Hi NvLovell, welcome to LB

Documents can be sent to our Kati.

I can be emailed if you need my help loading pictures/documents to your thread. My email address is

kati@legalbeagles.info

But please include a link to your thread so I know who you are.

Have they supplied 2 versions of the T&Cs? (1 for at inception, 1 for circa the default date).
Did you ask for all of the Notices of Assignment? (inc GE Cap to Santander, Santander to Newday)
Did you ask for Deeds of Assignment?
Have you sent a SAR to source all data held so that you can compare it with the stuff that Lowells have sent?
A glaring omission, as far as document disclosure goes, is the lack of a s87 Default Notice. Did you ask for a copy? Was it mentioned in your filed defence?
What deadline has been given to swap documents? (Often it is 14 days before the hearing, but not always.)
Btw, they mention CCA s77 in the correspondence; that would be for a fixed sum loan.

[Diana M]

Re: N v Lovell

I now have a Court date, 14th June, which is the date I am on holiday, can this be changed?

When you completed your Directions Questionnaire did you enter your holiday dates in the bit which asks when you will not be available?

If so and the court has listed the hearing during that period then they may have made an error which you can ask them to deal with.

If you didn't provide your holiday dates on the DQ then you may have to apply to have the hearing adjourned. You can ask the other side if they are willing to consent to the adjournment.

I see they have already filed and served their Witness Statement over a month before the hearing, so when you received the Notice of Hearing did it include Directions which said when both parties had to file WS. Sometimes it says 14 days before the hearing, other times it is date specific.

Di

[Diana M]

Re: N v Lovell

Documents recieved;

You need to remove all those documents because you have left the claim number, account number and Lowell's reference number on them.

I have made Site Team aware for your security

Di

[Diana M]

Re: N v Lovell

The date of the contract is 2005! I'm unsure when, if it was ever paid so how can I prove Statue Barred?

Did you plead Statute Barred in your Defence or has it only just occurred to you now that it might be?

Di

[Kati]

Re: N v Lovell

You need to remove all those documents because you have left the claim number, account number and Lowell's reference number on them.

I have made Site Team aware for your security

Di

sorted xx

[NvLovell]

Re: N v Lovell

Did you plead Statute Barred in your Defence or has it only just occurred to you now that it might be?

Di

No it's only just occurred when I saw the date on the T&Cs

- - - Updated - - -

Thank you!

[charitynjw]

Re: N v Lovell

Hi

If you take a look back through the posts, you'll see a ton of questions.
It would help us to help you if you could supply the info?

[Kati]

Re: N v Lovell

docs;

[charitynjw]

Re: N v Lovell

docs;

Afternoon, Kati.

Re the (alleged ) agreement
Is that all?
No T&Cs?

[Kati]

Re: N v Lovell

Afternoon, Kati.

Re the (alleged ) agreement
Is that all?
No T&Cs?

[MENTION=101608]NvLovell[/MENTION] would be able to tell you for sure Charity ... but that's all I received xx

[NvLovell]

Re: N v Lovell

All I have received is the original documents I posted at the start of the thread and the copy of the T&Cs I sent to Kati which she has posted above... Also there is only the one copy, I've taken 2 x photos (which Kati has uploaded) as I wasn't sure the 1st one was very clear

- - - Updated - - -

Going through now, thanks