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Moon phases


Lowell and court date - help

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Post by OSTRICH Wed Apr 25, 2018 12:11 pm

Hi Newbie here requiring some help please.
Please bear with me as I get heart palpitations and shaking hands everytime I think about this.
This relates to an alleged credit card debt of over £7k. I have no money struggle on a day to day basis to keep up with regular bills so paying this to make it go away is not an option.
I have done some research and I think have done what I should have to date but am now at a loss as I am not sure if this is going to court or if Lowell are trying to manipulate me into paying them despite not providing all the information requested from them.
Any advice would be gratefully received.
I can attach all the letters etc since receiving a county court claim form with identifying details hidden if that would help.
To summarise though ...
cc bus centre claim form, dated oct 2017
letter from lowell solicitors notifying of this, late oct 2017
letter from lowell threatening ccj, mid nov 2017
letter from me to lowell request under consumer credit act 1974 with £1
letter from me to lowell solicitors request for further information giving 14 days notice, sent mid nov 2017
defence completed online putting the claimant to strictest proof
defence acknowledgement received from court
letter from lowell with copy of directions questionnaire, late nov 2017
letter from lowell solicitors stating they had seen my defence and confirming documents were being requested but they would not provide deed of assignment as confidential, early dec 2017
letter from court - notice of proposed allocation to small claims stating form n180 needs to be filed by end dec 2017
mediation accepted but on the call to mediation I said I could not yet enter mediation as lowell had not provided any documentation that I had asked for.
general form of judgement or order dated late jan 2018 ordering the claimant to provide within 21 days the original loan doc, a complete history of the account showing how the amount claimed is calculated, notice of assignment and default notice
letter from lowell with copy of letter they sent to court stating they have enclosed a reconstituted copy of notice of assignment, a statement of account and original loan agreement and stating that they were unable to obtain a copy of the default notice but advising date default was registered
received letter from court,  mid march, notice of allocation to small claims track stating it is ordered that 1) this claim is allocated to small claims, 2) unless the claimant does by 4pm on 12/4 pay court fee or file a properly completed application for help with fees then the claim will be struck out with immediate effect
then it gives the hearing time and date.  
early april i received a letter from lowell offering a tomlin order agreement
I have now also received an email again urging i agree to the tomlin order

I don't know what to do. Has it been struck out, how do I know. If it goes to court what do I do there?

Really, really appreciate help from an expert on here please

OSTRICH
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Post by daveiron Wed Apr 25, 2018 12:46 pm

Hi OSTRICH,

Contact Court (by phone if you can get through) find out if it has indeed been struck out.

Only accept a Tomlin order if you want to admit the alleged debt ,sounds to me as though they feel they do not have all they require.
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Post by OSTRICH Wed Apr 25, 2018 3:43 pm

Hello,
Thanks for your quick response. I contacted the court and they said it has not been struck out and has been transferred to my local court for a hearing on 10th May. They confirmed that the claimant had paid the fee required. What do I do now?

OSTRICH
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Post by OSTRICH Thu Apr 26, 2018 2:40 pm

Does anyone have any further advice?
They haven't provided a default notice and confirm they are unable to provide this but confirm the date the alleged default was registered.
They seem to have provided everything else. Obviously, they are intent on this going to court and I'm fine with this. I can't pay them anyway as I have no money so the best option for me is a ccj at £5 a month or similar if that's what the courts decide. However, if I have another defense so I don't have to commit to a repayment schedule that will be ongoing until I die that would be even better.
Any help greatly appreciated.
I don't want the judge to look down on me as if I have been trying to avoid something. If they have the proof then I'll accept that but to this point I feel bullied and intimidated by their actions so would love to be able to squash this.

OSTRICH
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Post by daveiron Thu Apr 26, 2018 5:31 pm

Hi,
Take a look through tiggys posts . you may find what you require there.
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Post by OSTRICH Fri Apr 27, 2018 12:21 pm

Hello,
Thanks for your responses daveiron and handle.
I don't know how to access posts by Tiggy.
I am now receiving emails from the solicitors. One requesting I submit to a tomlin order and the other a copy of their witness statement. I have attached this.
I am just in a real state now trying to work out what I say at court.

I don't understand why this has not been struck out.
the general form of judgement or order specifically stated that unless the claimant provides to the court and defendant copies of the following documents within 21 days then the claim shall be struck out.
the original loan agreement
a complete history of the account showing how the amount claimed is calculated
notice of assignment
the default notice served on the defendant.

The default notice has not been provided and they say they haven't been able to obtain it. However, they say they trust the data provided satisfies the order and await further instruction.

This was then followed by a court notice of allocation to a small claims court.

I haven't responded at anytime apart from my initial letters requesting proof which I sent after the first court notice from county court business centre and then my defence.
I haven't sent any documents to court that I wish to rely on as I am putting them to strictest proof so assume I don't have anything to present.

Do I just repeat that as they haven't adhered to the letter of the law and provided the proof that I was served a default notice the case should be struck out and there is no case to answer?

sounds like that may alienate the judge however, I do not want to slip up and admit an alleged debt.

How do I word it, what do I say?
Attachments
Lowell and court date - help Attachment
doc.pdf You don't have permission to download attachments.(1.4 Mb) Downloaded 5 times

OSTRICH
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Post by OSTRICH Fri Apr 27, 2018 1:37 pm

Should I be replying to their tomlin order request, should i reply to their emails? I have basically ignored them because i think they are trying to undermine the legal process.
I have never received a default notice and they can't or haven't produced one but despite this it has been transferred to the small claims court and there is a hearing date in 13 days
Help!

OSTRICH
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Post by OSTRICH Fri Apr 27, 2018 1:53 pm

One other question should the agreement number that they refer to be the same as the account number (16 digit credit card number)?

OSTRICH
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Post by OSTRICH Fri Apr 27, 2018 2:10 pm

ok thanks
The account number on the credit card statements they are producing is the same on each and every statement, however all letters to me have a different account number on. The witness statement shows this same account number (per their letters but not per the cc statements) which they refer to as the agreement number.

Surely the agreement number and account number should be the same on all correspondence. Are they actually talking about the same account here?

OSTRICH
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Post by OSTRICH Fri Apr 27, 2018 2:11 pm

I haven't done a witness statement

OSTRICH
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Post by daveiron Fri Apr 27, 2018 7:58 pm

Hi ,

I found this thread ,read tiggys input ,should be what you need re; default notice

https://goodf.forumotion.com/t1306-has-a-default-notice-been-served?highlight=default+notice
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