Re: TESCO CREDIT CARD & LOWELLS

by mongoose Sun Jan 19, 2020 6:34 am

Mrblue wrote:......as these courts operate under common law and not statute law

Actually it is the opposite. The courts act under Statute Law. Some are trying to set up common law courts and have been posting on these forums, but this has not gained progress yet.

They have been removing common law from us for decades. The wins in court are using the consumer credit act which is statute. I do not believe there has been any consumer debt case won in the last 20 years (even much further back than that) using common law.

by **Mrblue2015** Sun Jan 19, 2020 8:46 am

mongoose wrote: I do not believe there has been any consumer debt case won in the last 20 years (even much further back than that) using common law.

Not the point I was trying to make but never mind Smile

Please can we now respectfully return this thread to it’s owner, Ithesoul.

However, you are welcome got provide further comment using the following thread which provides more comment around the Estoppel etc Smile

https://goodf.forumotion.com/t3256-2-new-letters-received-from-dca-acting-as-agents-on-behalf-of-client-please-advise#21626

by Ithesoul Wed Feb 05, 2020 11:59 am

Hi Mrblue
I have today received a Money Claim from the Northampton County Court Business Centre the claimant being Lowell Portfollio I Ltd.
I did not receive a Letter before action from Lowell Solicitors & hence was a bit surprised to get the claim!!.
I would be grateful if you could advise/recommend how to proceed from hear?

Many thanks.

by **Mrblue2015** Wed Feb 05, 2020 3:16 pm

As you say, you should have received a LBA!

Will allow someone like Waylander62 to help you out here and this type of advice is out of me remit I'm afraid (for now...)

by Ithesoul Wed Feb 05, 2020 3:24 pm

Hi Mrblue
Thanks, I will look forward to hearing from Waylander62.

Thanks for your advice to date.

by waylander62 Wed Feb 05, 2020 3:42 pm

do you plan to defend this claim ? that has to be my 1st question.

what about the SAR you sent to tesco, has anything come back from them yet ?

by Ithesoul Wed Feb 05, 2020 6:43 pm

Hi Waylander
It depends, does the fact that I did not receive a formal letter before action give me an angle to challenge the claim?.

I have the SAR back from tesco but need to go through the information with a fine tooth comb!.

Best wishes

by waylander62 Wed Feb 05, 2020 11:23 pm

it is an argument but is unlikely to change the outcome maybe not have to pay any costs ?

because a claim has been issued concentrate on the SAR for specific things

agreement
T & C's
default notice
termination letter
assignment

by Ithesoul Thu Feb 06, 2020 2:17 pm

Hi Waylander62
Thanks for the reply, I will go through the SAR info & let you know.

Best wishes

by waylander62 Thu Feb 06, 2020 8:24 pm

first of all you need to

i) acknowledge service
ii) send an official CCA request
iii) SAR to the OC has already been done

a part 18 request would be a good idea based on their particulars of claim

then start to put together a defence

by wokeup Fri Apr 16, 2021 11:24 pm

What is the name of the CEO at lowells and what address should be used, they have given a PO box address. I know you said in one of the post not to send any letter to PO.

by wokeup Fri Apr 16, 2021 11:27 pm

Also do we wet sign the template letters at the bottom or leave as just is in the template. It's been yrs , I have forgotten the process. I have a lousy memory after 20 yrs of diabettes, it's unbelievable. Wife took advantage financially.

by **Mrblue2015** Sat Apr 17, 2021 7:23 am

wokeup wrote:What is the name of the CEO at lowells and what address should be used, they have given a PO box address. I know you said in one of the post not to send any letter to PO.

Every company has a registered address which will not be a PO Box. Search online for third registered address and use that.

by **Mrblue2015** Sat Apr 17, 2021 7:25 am

wokeup wrote:Also do we wet sign the template letters at the bottom or leave as just is in the template. It's been yrs , I have forgotten the process. I have a lousy memory after 20 yrs of diabettes, it's unbelievable. Wife took advantage financially.

Wet sign. Later on that will be become significant in terms of Commercial law. I.e. you’ll be respecting Commercial Law and I think you’ll find that they rarely do...

https://goodf.forumotion.com/t5129-signatures

by wokeup Sat Apr 17, 2021 11:18 am

My rusted knives getting some shine now, had this feeling before. Great guys. How the body's software changes from dead beaten to a fighting spirit.

by **Mrblue2015** Sat Apr 17, 2021 11:25 am

Wokeup: Actually I have just realised that these posts belong to Ithesoul. If you need more advice, please create a new post - thank you.

by **assassin** Sun Apr 18, 2021 3:19 am

Mrblue2015 wrote:
wokeup wrote:Also do we wet sign the template letters at the bottom or leave as just is in the template. It's been yrs , I have forgotten the process. I have a lousy memory after 20 yrs of diabettes, it's unbelievable. Wife took advantage financially.

Wet sign. Later on that will be become significant in terms of Commercial law. I.e. you’ll be respecting Commercial Law and I think you’ll find that they rarely do...

https://goodf.forumotion.com/t5129-signatures

Under commercial law you use an affidavit, without a signature it isn't an affidavit and has no value; also where there is a claim there is also liability and just because they do not sign to avoid liability you don't do the same as your claim has no basis also.

Basically you remain in honour and highlight there dishonour which gives your claims credence and theres none.

by **assassin** Sun Apr 18, 2021 3:23 am

Commercial Law Maxims

4) Truth is expressed in the form of an affidavit

5) An unrebutted affidavit stands as truth

6) An unrebutted affidavit becomes judgement in commerce

10) A lien or claim can only be satisfied through rebuttal, by counter affidavit point by point, resolution by jury, or payment.

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