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Moon phases


allocated to small claims track

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allocated to small claims track Empty allocated to small claims track

Post by jack Tue Dec 10, 2019 5:16 pm

Hi everyone
                my court case defending against Lowell solicitors has now been allocated to the small claims track but no date given yet,
do I now have to send documents I have to rely on to lowells and the court office, or do I wait for a hearing date first
thanks in advance.

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Post by waylander62 Tue Dec 10, 2019 6:40 pm

wait for court directions in respect of this, it is usually 14 days before the date of the final hearing.

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Post by jack Tue Dec 10, 2019 6:59 pm

Thanks Waylander  Lowell have sent me their paper work plus tomlin order, they also say if they fail to here from me regarding tomlin they are instructed to proceed with the hearing dated 22nd of Jan 2020 at Bromley county court, that's not the court its been allocated to ive got the court document in front of me and its def not Bromley and it has no date of hearing, so what are they up to with that its a bit misleading anyway thanks once again.

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Post by waylander62 Tue Dec 10, 2019 8:14 pm

courts are screwing up all over the place, is the claim number that lowells used in their correspondence and tomlin order the same as the one you have on your letter ?

if yes then i would ring Bromley court and ask if they have a hearing listed for your claim number ! is bromley your local county court ? if they do have your case listed then you need to inform them you have NOT received directions for this hearing !

i know nothing of your case so dont know what chance you stand of winning.

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Post by Mrblue2015 Tue Dec 10, 2019 9:17 pm

waylander62 wrote:courts are screwing up all over the place.

Mainly to the detriment of claimants or potential debtors do you think / know?
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Post by waylander62 Wed Dec 11, 2019 12:15 am

to the detriment of everyone the cut backs are affecting everyone i know of courts sending out directions so late that the hearing date has already gone when both parties receive the information !!!

the system is in a mess

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Post by jack Wed Dec 11, 2019 9:40 am

Hi Waylander the distance between Bromley and chesterfield is 143 miles, the claim numbers are the same, in this case I think it would be to the detriment of the claimant if they turn up at Bromley when I have been notified by the county court at chesterfield ( which I stipulated in my acknowledgment to the court ) that it has been allocated to this court. I got this on 13th November and states unless court fees are paid within 28 days before the hearing the claim will be struck out
the claim is for credit card non payment, I sent them the three new letters + estoppel
I received  copy of tick box credit agreement, t&c, default notice, and statement of accounts
it becomes S.B in September 2020
thanks again

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Post by Mrblue2015 Wed Dec 11, 2019 9:46 am

waylander62 wrote:to the detriment of everyone the cut backs are affecting everyone i know of courts sending out directions so late that the hearing date has already gone when both parties receive the information !!! the system is in a mess

Crikey isn't everything in this country (in a mess!) Well so long as the courts aren't issuing CCJs prematurely as that can't be right! They must take into consideration THEIR (timescale) failings and allow for that!
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Post by waylander62 Wed Dec 11, 2019 9:52 am

forget SB as it is now with the courts

I would ring the court in Bromley to be sure, because you dont want the hassle of setting aside a judgment against you for not showing up.

you have an advantage in that you have Lowell's paperwork.

so..... now you have lowells paperwork and i assume their witness statement what will be your arguments at the final hearing ? this is crucial.

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Post by jack Wed Dec 11, 2019 9:57 am

Thanks Waylander, that's true I will get on to them now.

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Post by jack Wed Dec 11, 2019 11:44 am

Rang Bromley and has not been allocated to them, they seem to think Lowell have made a copy and paste error with the courts as they said they use Bromley quite allot, so I rang chesterfield c.c. to make sure. They have yet to set a hearing date which could be quite a few weeks away as they are very busy, so have Lowell made a genuine mistake or is it a diliberate mistake
thanks again

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Post by waylander62 Wed Dec 11, 2019 3:58 pm

could be either

have you sent a SAR to the original creditor for this ?

if you have received their paperwork you have their case right in front of you ! what will be your arguments against their case?

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Post by jack Wed Dec 11, 2019 4:14 pm

I think the only argument ive got is they havn't provided the deed of assignment, and the credit agreement not being a true copy as it appears to me to be a application form. Also done sar all tallies with lowells, expecting to lose but cheaper than tomlin if I apply to court for a monthly payment installments.
thanks again Waylander

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Post by waylander62 Wed Dec 11, 2019 4:22 pm

ok, not necessarily a loss i would have to see the paperwork if i were to offer you any opinions on the paperwork they have provided.

the deed is a very difficult point to argue with the judges of today as they tend to dismiss this as irrelevant which it isn't.

i would keep hounding them for more information, application forms again seem to work with judges, what year was the agreement first taken out ?

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Post by jack Wed Dec 11, 2019 4:38 pm

it was taken out in 2014, I seem to be having a bit of trouble uploading as it keeps saying files are to large

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Post by jack Wed Dec 11, 2019 4:51 pm

it was taken out in 2014, can you give me info on how I upload files please waylander

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Post by waylander62 Wed Dec 11, 2019 4:56 pm

to be honest i am not sure as i haven't uploaded anything on this site

maybe a moderator will be along to assist.

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Post by waylander62 Wed Dec 11, 2019 4:56 pm

did you make the application online ?

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Post by jack Wed Dec 11, 2019 4:58 pm

yes it was made online. thanks

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Post by waylander62 Wed Dec 11, 2019 4:59 pm

ok then a digital signature will be accepted

this will be a tough one as it is very recent.

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Post by jack Wed Dec 11, 2019 5:09 pm

Thought that myself, everything I got from Lowell has been verified by the sar. The only thing vanquish did not send in the SAR was the notice of assignment of which they said they didn't have one to send so the one Lowell sent was one they printed themselves, its only a minor point but that's the only thing they have done wrong

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Post by waylander62 Wed Dec 11, 2019 5:16 pm

well check the claim form and see what they say about the assignment in their particulars and also their witness statement do they claim that the account has been assigned under the law of property act ?

does the notice that 'didnt' come from vanquis contain a signature ? from vanquis ?

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Post by jack Wed Dec 11, 2019 5:25 pm

ok I will check through paperwork. I have a feeling one of their employees signatures is on the noa, this might take a while so it will most likely be tomorrow before I get back to you. thanks once again.

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Post by waylander62 Wed Dec 11, 2019 5:28 pm

ok no worries i am looking for anything that may help you in what is a difficult case to win.

there is usually something

if that is the case then a letter to vanquis is the next step and asap

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Post by jack Wed Dec 11, 2019 5:40 pm

back quicker than I thought, found noa and it is signed by alex Appleby who is employed by vanquish, it says nothing about under the law of property act just when it was sold to Lowell on 31/12/2014.

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