**CASE DISMISSED** Court Claim - Lowell / Welcome Finance - 26-11-2014

[Amethyst]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Yep that scans then doesn't it.

Need a cleverer person to have a look ... [MENTION=551]pt2537[/MENTION] [MENTION=5354]mystery1[/MENTION] maybe better - I honestly can't remember if we can still argue misstated interest or if it has been kyboshed.

None of the maths adds up on that agreement, and if it WAS 60.10% and you were only paying £120 a month ( equal to 49.5% ) then there's going to be constant arrears, charges and a shortfall back end, if the interest rate is overstated does that affect it as much as it being understated then.

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Hi, i have a court date of 28/05, to date i have not received any paperwork from the claimants other than the credit agreement. My CPR request was ignored. Am i right in believing that documents to back up their claim should have been sent to me atleast 7 days before the court date? any help would be greatly appreciated

[nemesis45]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Is the agreement enforceable?

CPR 31.14 if not challenged before the claim is allocated to small claims track, is not relevant after allocation.

nem

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Hi Nem, thanks for coming back to me

Is the agreement enforceable?

im not sure, amethyst was talking about the calculations not being correct but nobody else managed to take a look at it

CPR 31.14 if not challenged before the claim is allocated to small claims track, is not relevant after allocation.

i see....do they not have to provide the other documentation? i.e default, deed of assignment etc??

your help is muchly appreciated as im not sure what to do now really and cant afford to get a CCJ

[FlamingParrot]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

CPR 31.14 if not challenged before the claim is allocated to small claims track, is not relevant after allocation.

i see....do they not have to provide the other documentation? i.e default, deed of assignment etc??

Part 31 of the CPR does not apply to the small claims track. The CPR 31.14 letters are sent on the basis that claims have not yet been allocated to any track at that stage.

They still have to provide the documents they intend to rely on as per CPR 27.4: http://www.justice.gov.uk/courts/pro...es/part27#27.4

(3) In this rule –

(a) ‘standard directions’ means –
(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing;

your help is muchly appreciated as im not sure what to do now really and cant afford to get a CCJ

A Tomlin order is an option if all else fails. :thumb:

[nemesis45]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Hi Nem, thanks for coming back to me

Is the agreement enforceable?

im not sure, amethyst was talking about the calculations not being correct but nobody else managed to take a look at it

CPR 31.14 if not challenged before the claim is allocated to small claims track, is not relevant after allocation.

i see....do they not have to provide the other documentation? i.e default, deed of assignment etc??

your help is muchly appreciated as im not sure what to do now really and cant afford to get a CCJ

You can request a copy of the notice of assignment, the deed of assignment is the contract between debt seller and debt purchaser, it is considered commercially sensitive and confidential, and in practicality it's not much use as if it was produced it will be heavily redacted.

Mediation via HMCTS Small Claims Mediation Service is an option if you have a weak defence, if you can reach a " reasonable " agreement mutually acceptable then a Tomlin ( Consent Order) can be drafted and once sealed by the court is binding on both parties.

It is important to remember that should you fail to maintain your part of the agreement the claimant can immediately file for summary judgement and a CCJ will result.

nem

nem

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

hey guys thanks for the responses, the case never went to mediation because when they called, i had received no documentation from lowell or solicitors so the lady that called said she would transfer to court. this was 2 months ago. since then i have heard nothing else except for my court date of 28th may. this is in 2 days and i have not received the documentation that they intend to rely on in court??? i have called the court and the the case is still scheduled to go ahead. Im not sure what else to do here???? i have no defence prepared or anything as i was relying on the documents being sent to me so i can see what they were relying and then defend accordingly

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

update*

I've just spoken with the court again and as per the standard directions, the court have received no paperwork whatsoever that the claimant intends to rely on. They only have on file the original claim, questionnaires and the court fee from lowell.

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

any assistance with this please???

[FlamingParrot]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

I have looked back at the thread and note this was an agreement from March 2008. That means even if there was not a proper agreement with all the prescribed terms, the court would still be able to enforce it as noted on earlier posts. I've read your defence and it says they had not complied with your request under s.77 of the CCA but you have posted a copy of the agreement so a court would probably decide they have complied.

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

Thanks for coming back to me [MENTION=37786]FlamingParrot[/MENTION] . at the time the defence was submitted, there was no agreement provided. So despite them not sending in this agreement to the court, can they still rely on this in court? what options do i have if any at this stage then?
as set out in the defence, They haven't sent in any documentation to prove the amount they say i owe is correct and they have not provided any other documents what so ever. surely it is up to them to prove 1. that i owe the debt 2. that the amount they state i owe is correct 3. provide documentation to back up their claim as stated in the particulars of claim.

im at a loss..........any help between now and tommorow morning would be greatly appreciated

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

anyone??

[Kati]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

[MENTION=55034]nemesis45[/MENTION] ? [MENTION=37786]FlamingParrot[/MENTION] ? [MENTION=6]Amethyst[/MENTION] ?

[nemesis45]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

I'm here!

I believe that we are at the stage with the " agreement " where it may be down
to a judge to decide 1. If it fulfils a CCA Request and 2. Does the agreement in
the balance of probabilities prove that the debt is owed i.e. is it enforceable or not.
Personally I would be reluctant to side with the claimant.

Other opinions please!!

nem

[DEBTDEFENDER]

Re: Court Claim - Lowell / Welcome Finance - 26-11-2014

[MENTION=55034]nemesis45[/MENTION] thanks for coming back to me nemesis. so even though they have not submitted this 'agreement' or any paperwork at all i n fact, can they still produce it in court?