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pavlovthecat

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Everything posted by pavlovthecat

  1. pavlovthecat
    Sorry, I've spent the day re-organising a young teens bedroom. Now THAT was like walking through treacle so my brain is fried. OK. I will just send it as it is then, with clarification of the name being wrong and the owner actually being me, followed by why I dispute it. Thanks for clarifying it all for me.
  2. pavlovthecat
    Ah I see. So it's not now that the name becomes relevant, it's if and when he wins the claim. The acknowledgement of service has already been submitted with the incorrect name on it, as there was nowhere to change the name details that we could see and figured we would have to do this in the defence section. The defence is due in tomorrow at 4pm. So, should I complete the form or should my husband? I have completed the defence, having stated that the name is incorrect and why, and from then completed the form as me but not yet submitted. When it comes to submitting, it states my husband as the defendant submitting the defence. (but not actually him, iyswim as the name is wrong). So I am confused about this bit. Does this matter, if I have clearly stated that I am the owner and it is me who should be the defendant? Sorry if that makes no sense whatsoever.
  3. pavlovthecat
    Just wanted to add another question. If we proceed with the dispute as if it were the correct defendant, who should respond to it? My husband? citing his proper name, and stating that I am the owner/intended defendant, but that xyz are the reasons for dispute. Or me? stating the claim is intended for me and was sent to him in error then outlining the dispute reasons.
  4. pavlovthecat
    yes, that's it. Sorry for being in the wrong section and for waffling. The defendant is listed as my husband, but with my maiden surname, so not actually his name either! He has no legal responsibility for the flat.
  5. pavlovthecat
    I am the property owner of a 1st floor flat with one flat below. Had a water leak (fixed) and owner of the flat below has put in a claim for damage to his property. I bought the property before I was married under the name 'Miss Schroedingerscat'. My partner is on the deeds as an 'interested party' but I am the owner of property and mortgage. We got married, My husband is 'Mr Jon Pavlovthecat' and I took his surname. The owner of the flat downstairs should know that I am the owner, as the freehold is owned by both of us and obviously there was legal contact etc at the time of buying the property. He knows I am married now as we contacted him ref converting our loft (we own that, not freehold) with my new name and explanation of marriage. He has made the claim against defendant Mr Jon Schroedingerscat. Which is a) not his name and never has been and b) is not the person against which the claim should be directed, not being the owner of the property. Rather than going through the whole process of my dispute (to be fair I've already written it out), should I just cite this as the reason for my dispute, as it's not an error in spelling or because I changed my name, it's the wrong person, and the wrong name of that person. What happens if I simply dispute it for this reason and no other reason? If the court disagrees that this is a valid reason, what happens next? NB. I am disputing the claim for a number of reasons, so this is not an attempt to get out of liability for the claim.
  6. pavlovthecat
    Still not heard anything from either Lowell or the Court about this. So, fingers crossed it stays that way. As you say, no news is good news. Should I call the court to be sure it's been stayed? However, I now have received a Notice of Assignment from Lowell, for a different, but similar amount, implying this is a different debt, but it doesn't say what debt it is, just that they have now bought this debt from Halifax. Could they be now claiming to have just bought the same debt, so they can start the process again in court, with the 'correct' paperwork? Should I request a SAR for this now? I am going to compare the details more thoroughly but thought I would canvass your opinions while I do that.
  7. pavlovthecat
    I guess they could have still sent the information to the court? On the last day of 28 days? And it's going to take some time I guess for this to be administered and letter sent to me with details of allocation?
  8. pavlovthecat
    I haven't had a reply from the solicitor with any information, or anything else since the letter from the court. How long does it take for my defence to be sent to them from the time I put it in? I am wondering when the 28 days start from, as it's close now. It has already passed from the date of the letter to me, from the court. But that letter says 'serving' not 'served'. So, as I have heard nothing, what happens if the 28 days has passed? I still expect it's only a matter of time before I hear from them, trying to gather the paperwork they need (or the cynic in me says 'creating' it). Do I need to request it is stayed, or is that done automatically? How long does that take, and what does Lowell's have to do to 'un-stay' it?
  9. pavlovthecat
    I have received an acknowledgement form from court, telling me they are serving defence on claimant and that they have 28 days to reply. Also that they make attempt to resolve the dispute outside of court first. Yeah sure they will... As I said, I expect they will produce some paperwork, cobbled together, and from what I have read of them, they won't back down, so they will most definitely proceed with this. I am just going to run with it. Thanks for all your help so far, particularly Andy, and will be definitely coming back in a month or less with next steps advice!
  10. pavlovthecat
    I am fully expecting they will produce some stuff, as I have read a few threads about their practice and dubiously constructed letters. I will be interested to see what date of assignment they give, in order to be able to actually contact me to notify of their ownership and giving me opportunity to pay, as they never sent one to me, and they state on the claim form they were assigned the debt around 2 weeks before the court claim date.
  11. pavlovthecat
    And it is 'stayed' until they provide the information? I am learning so much. I never knew that I could ask for an stayed case to be unstayed myself, but I can can't I? I am saying that as an aside, as I had a builder mess up a build (which led to my financial ****) and I fired him, due to leaving my home dangerous and he refused to put it right in any proper and clear time. He started a claim against me out of spite for a made up sum, I counterclaimed, we had first hearing, experts were to be called, he didn't engage in that process and he didn't turn up to next hearing. Judge dismissed his case out and we proceeded with mine , with the judge stating the next hearing was to consider how much he would award, rather than if he was going to (he was lovely about it all), but this builder had to pay a fee of £300 or something before next hearing, not sure what that was about now, and he didn't pay, so it was stayed. I am thinking, on hindsight I could have done something about that? I didn't do any of this stuff I am doing now, I sent a letter of defence which was like a life story and no legal info in it at all! apart from receipts of what I had paid him. He walked leaving me out of pocket by around £7500, possibly more, although I was only counterclaiming for £5000. It was about 3/4 years ago now, so probably too late to anything about. a complete aside as I learn about the small claims, it has reminded me of my fumbling vaguely through the court system with no clue at all of legal procedures (but with building control inspector hoping to be called as a witness and a witness statement from our architect) and I could have got a judgement even with the case stayed.
  12. pavlovthecat
    Ok defence is in. So, what happens now?
  13. pavlovthecat
    Sorry, one more thing before I send it for sure. Should I be adding something about the debt being enforceable until the information requested has been provided, or is that a given, seeing as they won't proceed without any paperwork from Lowell's solicitors?
  14. pavlovthecat
    Brilliant Andy, that's great. I shall therefore, change as you have said and avoid anything suggesting partial admittance. I am going to register my defence in a moment. Later than planned. If the defence deadline falls on a 'Saturday', does that make the actual last day friday or monday? I only ask as I am cutting it fine for tomorrow, so if Monday then I know I have got it in with plenty of time.
  15. pavlovthecat
    that's really useful to know. So, they sent you their defence papers the evening before the hearing - did they send them to the court before that, but not to you? So, from what you are saying I should contact the Court prior to the hearing regularly to check if they have the papers but they have not been sent to me?
  16. pavlovthecat
    So, this is a draft of a the defence I was planning on putting forward. I beleive andyorch this is one of your masterminds, pretty much unashamedly ripped from another thread. Is it appropriate for my purpose and can someone please comment on the questions I have, which are in bold next to the sections that I have queries on? Thank you ------------------------------ 1. It is admitted that I the defendant have taken out a loan with Halifax Bank of Scotland in the past but have no information to confirm the account details, and will contend that all balances have been cleared - should I put here instead that I believe I owe some money but the amount owed is I believe, a different lower amount, as I don't know the account number so dont know for absolute certain its this account although very likely is 2. The defendant has absolutely no knowledge of any debt residue of this particular debt amount? and on the 11 February 2014 requested information pertaining to this claim by way of a CPR 31.14 request. The claimant has declined to respond within the deadline set. should I add here that I have on the same date requested the same information using CCA request and have not to date had any information that I requested? 3. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original documents he will rely on. 4. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement or contract with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. Furthermore, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974. 7. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions". 8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. 9. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim, without further clarification/disclosure. Statement of Truth I believe that the facts stated in this Defence of claim to be true.
  17. pavlovthecat
    thanks. Makes it Saturday! so, Friday it is then! I will complete on Thursday as that is the last day for CCA to be responded to. I cut it fine... I will write it all out beforehand though, and copy it to word, so if there is a problem I can fax it over to the court right? Do I have to send a copy to Lowells or will they see it on MCOL?
  18. pavlovthecat
    Can i just check with you Andy or someone else knowledgable that the date above for defence is correct? Don't want to miss it!
  19. pavlovthecat
    Hi Angel, thank you for posting. My understanding is that they don't have to reply to the CPR request, but that it won't necessarily help them further down the line, adds to my defence. But, also, my understanding is that they have to respond to the CCA request within 12 working days, or else they cannot enforce the alleged debt through the court process, not until the paperwork requested in the CCA request has been received? (And, separately to the court process, if they take longer than 12 days, I can complain to trading standards? not sure about that bit? I am sure someone will confirm I understood that correctly. My defence is going to be that I simply cannot defend until I have the paperwork that confirms that they own this debt, how this amount has come about as I don't recognise it, and that the default is legal, and so if I don't have the paperwork by the time I have to complete my defence, that is all I can say. But obviously in a slightly more professional manner! The thing is, it makes sense for them to just give me the info I ask for, as then I know what I owe and can work on negotiating a settlement based on that. I am not trying to get out of paying, just don't want to pay over double what I should so if they have the paperwork they should just get on and send it rather than drag this out. I don't see how they could have given me opportunity to sort this out if they only purchased the debt a week or two before court action, which is what they have said on the claim form (assigned earlier in Jan 2014), if they had have contacted me, I would have done all this chasing of info before it went to court and settled before then.
  20. pavlovthecat
    Can I just check the date that my defence is due in by? is it 14+5+14? The date of the court claim is 27th Jan, so I have made the date of defence to be entered as 28th Feb? Is that right? just making sure I don't miss it. Still no paperwork from Lowell's solicitors, but they said they have 12 working days for CCA request so that's not due til 27th, which is, I make it, the day before Defence is due? They have time.
  21. pavlovthecat
    yes, the lower figure is the debt stated in the CRA files, one recorded for HAlifax, one for Lowell, two slightly different amounts but both lower than the £1xxx, yes, the difference is the court feel and solicitors fee. I didn't know that would be added to the 'curren't figure owed to them until court has found in their favour. The CCA letter didn't refer to the Court claim, it referenced the account number and 'debt' it was relating to. This was where the figure is £1xxx Worse case scenario is that I get a CCJ. It won't happen as I will settle before that, or at worst, pay early enough for the CCJ to be removed. I just hate the thought of paying twice or even more as much as I defaulted, apparantly because Lowell can make up a figure and I can't prove otherwise. So I will fight it, but not expecting to win.
  22. pavlovthecat
    it appears I have already done that by posting this time, but will know for future...I shall get my coat...
  23. pavlovthecat
    oh can i?! thank you CitizenB I will do that.
  24. pavlovthecat
    just marking my place unashamedly so I can find you again as I am going to steal some fab advice and your experience - nothing helpful to give in return, very sorry...
  25. pavlovthecat
    Thanks Andy. It wouldn't ever get to a point of a charging order. It's not enough money for me to have that happen. I would just pay it rather than risk a charge on my house. If I have to pay the lot, I will do so, but not without a fight as I absolutely don't owe the money they say, they have just slapped some of their own charges onto it and said that's what I owe. I have just had a response from the CCA, an acknowledgement letter from the solicitors and stating their client (Lowell) has been forwarded my request, but that they might need to go back to the original creditor for that information, and so they will endeavour to get the information required to me within 12 working days, but it is dependent on that information being received by the creditor in time. They have not responded to the CPR request, so if they can't give me the info within 12 days then that means they can't do it within 7! The amount of money they state I owe to them in relation to the debt is £1xxx, not £9xx (neither of which is right). The £1xxx is the amount they are asking the court for, including interest and court fees, but at this stage, that additional £200 or so has not been 'awarded' to them by the court yet, so I don't actually owe that much, even if their original figures were right, it would only at this stage be £9xx! Cheeky Bs. I will go check out some of the lowell defence drafts you have done. Thanks for that suggestion.

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