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Lowell Court case

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  • Lowell Court case

    Lowell's court action - help required

    Today, 00:20:AM
    Lowell have issued court action against me through Overdales.
    I have been through the pack and I have issued a defence based on the fact that they have got an incorrect address and allegedly issued a default notice against me to that address(screenshot provided in the evidence).
    Looking through statements there are lots of discrepancies.
    In their witness statement they have stated that Lloyds supplied me with a default notice in October 2010 however the screenshot they are using to prove this is dated February 2010.
    On the statements provided in the evidence bundle, it shows that three months payments (October was missed, paid November but didn't pay December and January ) were missed before a default notice was issued. Would this constitute a compliant default notice as I think it should be between three and six months missed payments, and do they have to be consecutive months missed ?
    I have a letter after that asking for the payments in February and March to settle the arrears, could this be used to show that the fulfilment of the default requirements was met?
    Tags: None

  • #2
    I stand to be corrected but somewhere in my mind, 30 days is the time allowed, before action. But as I say I stand to be corrected.

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    • #3
      Just a quick update overdales and lowell very quickly wanted to accept the original £500, offered at mitigation and sent a consent order through. wasn't to keen on the wording. After reading a post on here that said consent form is usually last attempt before discontinuance I ignored it. And have just received the discontinued notice. thank you to all who commented and gave advice on this post

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