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» LOWELL/BW LEGAL SUCCESS
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LOWELL/BW LEGAL SUCCESS

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LOWELL/BW LEGAL SUCCESS

Post by Lisa21 on Mon Jun 18, 2018 9:50 pm

Well i'm pleased to say I have had success today at court resulting in Lowells claim being dismissed due to insufficient paperwork.
To cut a long story short this case has taken 2 years to resolve. Lowells was able to supply the credit agreement but not the default notice. I argued that under the CCA a default notice had to be served and i could not recall receiving one before the debt was sold on. The case was adjourned on two occasions to give them the opportunity too supply either a copy or specimen of the default notice.

They were unable to do so so the judge advised them they had no case and dismissed it Very Happy Very Happy Very Happy cheers

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Re: LOWELL/BW LEGAL SUCCESS

Post by assassin on Tue Jun 19, 2018 1:34 am

Well done for sticking with it, often their tactics are to hold out to apply more stress and hope you give up.
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Re: LOWELL/BW LEGAL SUCCESS

Post by daveiron on Tue Jun 19, 2018 8:44 am

Nice one.
It would be good if when you have the time you could post what you did through the whole process ,as a guide & encouragement for others.

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Re: LOWELL/BW LEGAL SUCCESS

Post by Lopsum on Tue Jun 19, 2018 12:29 pm

Great news , well done ! Very Happy
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Re: LOWELL/BW LEGAL SUCCESS

Post by Lisa21 on Tue Jun 19, 2018 3:28 pm

Hi All,
Indeed there was definitely moments when i wanted to give up but i persevered and got a positive result.

I received court paperwork back in April 2016 up until that point i had ignored all correspondence from Lowells. Not a good idea, in hind sight I should of done the 3 letter process and it may not of resulted in going court.

I then sent a CPR18 TO BW Legal and the CCA to Lowell with the £1 fee.

In the meantime I responded to the claim and submitted a application for a Unless order.

The hearing date for the unless order was just two days before the claim hearing and unfortunately wasn't fruitful for me.BW/Lowell submitted there defence and paperwork two days before the hearing although not all documents was supplied. It was adjourned on the basis the hearing was in a few days and all matters would be sorted then.

The hearing was adjourned on four occasions one being at my request as i was due to give birth.

BW was able to supply the Credit agreement and reconstructed terms even though the agreement was from 2006 and statements i neither acknowledged or denied the debt as such in court once the credit agreement was supplied however i did question the ownership of the debt as i didn't recall receiving a default notice. (Please don't be intimidated by the court do your research on the CCA and speak up at court i had to interrupt to get my point across that i had rights as a consumer and that the process had not been carried out regarding the default notice).

BW was given 3 opportunites to supply the default notice and was unable to.

My hearing was over in 5 minutes as the judge firmly told them no paperwork no case.

Oh and remember to ask for costs


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Re: LOWELL/BW LEGAL SUCCESS

Post by daveiron on Tue Jun 19, 2018 4:50 pm

Thanks for that Lisa,

It would be very helpful for newbies if more folks posted their experencies .receiving advice is one thing ,but backed up with what happened with others gives much needed confidence.

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Re: LOWELL/BW LEGAL SUCCESS

Post by waylander62 on Tue Jun 19, 2018 10:33 pm

well done you

it is not easy when it goes to court, but if they cannot provide the necessary proof then you have a valid argument.

very well done

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