Re: Lowell Letter of Claim

by trimstar Fri Mar 08, 2019 12:21 pm

waylander62 wrote:
trimstar wrote:Pm sent with claim

not come through ?

Sent again thnx

by sam Fri Mar 08, 2019 1:49 pm

Hi waylander62

it does not matter if it is a copy of the original agreement, if you cant read it ,its not a true copy can you see the interest rate on the copy , did trimstar changed the agreement in his favour if so ,the original OC accepted it , if he tells this to the judge the judge will say did you, strimstar could say if you could read it you would see , petesomething used this argument in court ;
(test case)
A GUY HAD TO GO TO COURT there solicitor did not have the agreement full stop guy lost the judge said well there must of been agreement Shocked

it went to appeal court this time the guy won , they must have a agreement it can be a copy but the agreement must be legible and must have the correct facts,

Read back also , this is where i need to hold your hand we both said this is a good starting point ,
all i am saying you and daveiron need to see other people points of view and i do think you are doing a good job helping people on here

by waylander62 Fri Mar 08, 2019 2:00 pm

sam

you are changing what you said !!!!

i have said from the start about the eligibility, that was my argument way back and again now !

now it is your argument too !?

if you cant read it then it is a different argument, just because you cant read it does not mean it is not a copy of the original just a bad copy and unenforceable. or should be.

look i am not getting into further arguments end of

by sam Sat Mar 09, 2019 3:22 am

yes it is a copy of the original Very Happy

but not a true copy , but when in court you must say why it is not a true copy not just say its not a true copy Rolling Eyes

and we both said its a start no arguments about this Rolling Eyes

why are you upset
waylander sorry i did not see from the start you said this BUT read back you said you did not see it ,
solicitors want to win and make money they will lie and not give you what you want or give you information at the last minute when they have to ,nice guys dont win
waylander its your way or no way , this is the only thing about you i dont like and daveiron should not say go with waylander i do think you are wrong some times like on the other post if they had more time the guy would have a ccj now so lucky time run out for them ppi moriarty law , now help win this case i will keep out ,

by **Mrblue2015** Sat Mar 09, 2019 5:53 am

Sam, perhaps you should seek help elsewhere if you think you can find better FREE help (good luck). Dave and Waylander62 are (at least) two of the most knowledgeable and helpful people on here and VERY KINDLY help us in their SPARE TIME. They are not charging for their service, it’s free advice based on their TRIED AND TESTED experiences.

I have been with GOODF for a long while (this site and the original one) and I have not paid a penny to date (as in repaying any alleged debts) due to their sound advice / the templates etc. ALL of which is perfectly useful and allow us to DEMONSTRATE OUR RIGHTS to ask for substantiation (CREDIBLE evidence) of any claims made against us and not just bowl over and accept defeat.

Like I said, your choice. Best you draw a line in the sand so to speak and either follow their advice and appreciate their support or (it goes without saying) you can seek free advice elsewhere and if you’re very (VERY) lucky, succeed elsewhere.

by trimstar Mon Mar 11, 2019 1:46 pm

So is my next move to lodge a defence?

Sent from Topic'it App

by waylander62 Mon Mar 11, 2019 3:45 pm

if you have already acknowledged service then yes, the defence is what needs to be done.

by trimstar Mon Mar 11, 2019 3:48 pm

When you say acknowledge service what do you means...sorry for being dim

Sent from Topic'it App

by waylander62 Mon Mar 11, 2019 3:54 pm

you have to fill in the claim form within a certain time !!

you can do it online but you MUST do it informing the court that you intend to defend the claim, this is a MUST and most important.

by trimstar Mon Mar 11, 2019 3:56 pm

Will do

Sent from Topic'it App

by waylander62 Mon Mar 11, 2019 5:21 pm

you have 5 plus 14 days from the date on the claim form to acknowledge service or could lose by default !!

by trimstar Mon Mar 11, 2019 5:43 pm

Ok is it straight forward?

Sent from Topic'it App

by waylander62 Mon Mar 11, 2019 5:54 pm

yes it is really, i think it is just one page of the claim form, just 1 section

3 options i think admit the debt, admit part of the debt, dispute the debt.

disputing requires a defence to be submitted.

by trimstar Mon Mar 11, 2019 6:52 pm

Ok can you help with wording of defence? My defence it is an ineligible copy...or cannot read ?

Sent from Topic'it App

by waylander62 Mon Mar 11, 2019 7:33 pm

ok will do

lets get some facts first
we know about the agreement,
they sent you a letter before claim 12 months ago.
how did you respond to this letter before action ? did you request further documents apart from the agreement ? such as statements, default notice assignment ?
can all be used in a good defence.

by trimstar Wed Mar 13, 2019 1:24 pm

Will get documents later have letter on laptop

Sent from Topic'it App

by trimstar Fri Mar 15, 2019 11:03 am

Struggling to get first letter sent off old laptop as no charger. Got last letter asking for a better copy as the copy they sent unreadable

Sent from Topic'it App

by trimstar Fri Mar 15, 2019 11:04 am

Just had a letter asking me to get in touch with them to make an arrangement

Sent from Topic'it App

by **Mrblue2015** Fri Mar 15, 2019 12:15 pm

Hi Trimstar,

I'm sure Waylander will advise on the next steps, but just wanted to say (in case you din't know already) NEVER ever talk to them or use email etc. ONLY ever deal in writing, ensuring you always use royal mail signed for delivery ;-)

by trimstar Fri Mar 15, 2019 12:21 pm

I sent a CCA request. Have letters from them saying the are awaiting details from original lender

Sent from Topic'it App

by waylander62 Fri Mar 15, 2019 12:30 pm

Hi ok

you sent a CCA request and they have only provided a non compliant copy of an agreement.

we are trying to build a defence to the claim, in order to formulate a defence we need to know what they have provided as proof of their claim.

this is what we need you to let us know what they have provided as proof.

just had a letter ? well they have issued a claim now so why would they send a letter asking you to make an arrangement ?

by Sponsored content