LOWELL/BW LEGAL SUCCESS

by Lisa21 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

by **assassin** 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.

by **daveiron** 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.

by **Lopsum** Tue Jun 19, 2018 12:29 pm

Great news , well done ! Very Happy

by Lisa21 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

by **daveiron** 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.

by waylander62 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

by joedalton Thu Jul 05, 2018 4:38 pm

Well done on your success story Lisa21, and thank you for posting your "process" as that will help enormously. I am very impressed by your ability to speak up and argue your case in court. I must admit that I would be totally intimidated in this instance. Any further tips would be very welcome.

by **Lopsum** Thu Jul 05, 2018 8:47 pm

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

awesome , this sums up how the 3 letters are a valid tool !

by Lisa21 Thu Jul 05, 2018 9:04 pm

Well I'm quite opinionated on a good day Laughing

and once i did my research on the CCA and how it could be applied to my case i felt more confident in speaking up. I was also annoyed with the judge as he initially was going down the road of saying that there was a high probability the default notice was served I didn't feel he was being impartial and looking at all the facts he soon changed his tune once I brought up the CCA and my rights as a consumer.

Just be clear and concise and not aggressive.

He still gave them ample opportunities to provide the default notice and i'm pretty sure if the shoe was on the other foot i would of not been given so many opportunities.

Besides being so opinionated I hate shoulda woulda coulda scenairios and at that point had come to terms with i could get a CCJ so i might as well speak up.

by Lisa21 Thu Jul 05, 2018 9:06 pm

Lopsum wrote:
Lisa wrote:My hearing was over in 5 minutes as the judge firmly told them no paperwork no case.
awesome , this sums up how the 3 letters are a valid tool !

Indeed the 3 letter process is very valid!!!!!

by iwanttobefree Fri Aug 03, 2018 7:17 am

well done on your success and thanks for letting us know!

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