**WON!!** Claim form from Lowell

[warwick65]

Re: **WON!!** Claim form from Lowell

I can't speak for what the Judge thought because he had clearly seen and taken the time to read the defence and WS and 'evidence'. They had sent a recon but the whole argument was based on had I been sent one and as I hadn't it failed. The Judge called it a hopeless case.

The arguments were legal and technical with case law and references to the white book, the CCA etc. I still believe that with a different judge and no representation I could have had a much harder time defending the claim.

For me it was money well spent

[Amethyst]

Re: **WON!!** Claim form from Lowell

Just for interest, and to help others considering going for formal legal help, how much did it cost you (around abouts)?
The claim was £4.5k I think? so small claims? or did you get it bumped to fast track ? and did you get costs awarded against the buggers at all?

[Amethyst]

Re: **WON!!** Claim form from Lowell

Also having a mooch back, I see they sent a template DN with the form fill fields in place - is that all they submitted on the DN ''evidence'' side of things ?

[warwick65]

Re: **WON!!** Claim form from Lowell

The total claim was £5200 and was small claims track and yes Tom won costs for their unreasonable behaviour - again using the White Book.

The work was done on a fixed fee basis

[Diana M]

Re: **WON!!** Claim form from Lowell

how much did it cost you (around abouts)?
The claim was £4.5k I think? so small claims? or did you get it bumped to fast track ? and did you get costs awarded against the buggers at all?

Yes we (Joanna Connolly Solicitors) were awarded costs as Warwick has said. And No it wasn't allocated to Fast Track.

Although it wouldn't be appropriate to discuss the financial nitty gritty on an internet forum.

Hopefully other people will see that costs can be won in the Small Claims Court and this was not an isolated incident as you will see from another case we won against Lowell Portfolio here >

This was a small consumer credit claim of around £2,000 which the Claimant persisted in taking to trial possibly hoping our client would not have representation on the day in court for such a small sum. I decided to represent my client at the trial. The claimant was represented by counsel.

After heavily contested legal argument the District Judge dismissed the claim describing it as being hopeless from the start. He made an order that the claimant pay our clients costs, even though it was on the small claims track, due to Lowell's unreasonable conduct in bringing the claim. The amount of costs awarded were almost as much as Lowell's had tried to sue for.

Di

[Amethyst]

Re: **WON!!** Claim form from Lowell

The total claim was £5200 and was small claims track and yes Tom won costs for their unreasonable behaviour - again using the White Book.

The work was done on a fixed fee basis

Excellent

Good to hear the fixed fees were used - makes things far simpler for defendants to assess how much it will cost up front. Some of Joanna Connollys fees are listed https://justbeagle.com/solicitor/visit/623139 for future reference.

[Diana M]

Re: **WON!!** Claim form from Lowell

so was the recon of the DN completely faulty and the Judge found on the balance of probablilities you'd never received it ? or that the DN had been received but was not compliant at the time ?

As I understand it the DJ decided on the basis of the Defence, the Witness Statement and the content of cross examination of Warwick that no Default Notice had been served.

It was not a decision based on the balance of probabilities.

That's one reason why we tell Defendants to send a Subject Access Request to the original creditor.

Di

[warwick65]

Re: **WON!!** Claim form from Lowell

Sorry guys just one last question regarding my victory. Should I keep all the docs I have going back to year dot or is it safe to destroy them?
I do have them scanned and saved in Google drive.

Still feel on cloud 9 and celebrating hard in Krakow.
[MENTION=87380]Diana M[/MENTION]

[charitynjw]

Re: **WON!!** Claim form from Lowell

Sorry guys just one last question regarding my victory. Should I keep all the docs I have going back to year dot or is it safe to destroy them?
I do have them scanned and saved in Google drive.

Still feel on cloud 9 and celebrating hard in Krakow.
@Diana M

You mean to tell me they're not framed & hanging over your mantlepiece?

[warwick65]

Re: **WON!!** Claim form from Lowell

Well I haven't had anything confirmed in writing yet. Maybe when I do, I will frame it.

[Diana M]

Re: **WON!!** Claim form from Lowell

one last question regarding my victory. Should I keep all the docs I have going back to year dot or is it safe to destroy them?
I do have them scanned and saved in Google drive.
@Diana M

Keep them until you hear different unless you have no room.

The Order (dismissing the claim ) will come in the post to our office and we'll send you a copy.

Christmas post may holds things up but you were there in court and so was counsel, and you both heard what the DJ said so you didn't imagine it!

Enjoy your Christmas holiday in Krakow.

Di

[warwick65]

Re: **WON!!** Claim form from Lowell

Thank you Di.

It was just a worry that popped into my head. You know how pisces are

[Joanna C]

Re: **WON!!** Claim form from Lowell

Morning all

Well the success had final sunk in. Its been a long time coming as there had been two previous adjournments.

First adjournment was largely because Joanna Connolly advised the 1 hr slot was insufficient to argue the points raised in my defence

The second adjournment was because the claimants representative 'mistakenly' told the court my Witness Statement had not been served on them in time.

So yesterday was attempt number 3

I am really grateful that @Diana M had 'prepped' me before the hearing because I was cross examined on receipt (or not) of the alleged Default Notice

It was not nice when the first questions were
'Did you have a Credit card with Capital One?' --- yes
'Did you use it?' ----yes
He then continued pressing me about missing payments and getting a DN , well in 2008 or whenever they claim they sent it to me I didn't know about DN's and the like.

I stuck to the truth and answered his questions and only what he asked

Tom Brennan then argued the template DN was wholly ineffectual and fortunately for me the Judge agreed.

I am convinced that had I not been represented when it was claimed they had not received my WS , I would have been hung out to dry and would now have a CCJ.

I had engaged @Joanna C for several reasons but mainly because I had been told several years ago the debt was enforceable and it was only a matter of time before I got a claim - Jo disagreed and said I had a good chance of defending it. Another reason was that I did not have the knowledge to argue some of the points - with case law- that she and Tom used in my defence. I also do not have access to the 'white book'- well I might have but I wouldn't know where to start looking.

If it was easy any tom dick or harry would be a lawyer

I am eternally grateful for the unending support I received

Thank you for your kind words. We were pleased to deal with this case for you and bring it to a successful end.