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puma85

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Everything posted by puma85

  1. puma85
    The claimant has already replied and sent the signed Tomlin order onto the court. Do I still need to submit a witness statement? tomlinreply.pdf
  2. puma85
    Thanks for clarifying this Andy. I'd previously been advised it was always 30 days. Reply from Lowell Solicitors;
  3. puma85
    Thanks. Hearing is 30th September. I dont yet have a statement to submit. I have contacted the claimant directly and have asked to settle with the original TO, I will update when I have a response.
  4. puma85
    Is a Tomlin Order still an option here, or am I past that stage and need to agree to a payment plan with Lowell? I have the original Tomlin Order I can sign and send to Lowell as an offer to settle.
  5. puma85
    I will contact Lowell today and see if I can settle the full amount on a payment plan to stay the claim. My understanding was that if I loose in court, I get 30 days to pay. If I don't, then I get a CCJ. Otherwise nothing is added to my credit history?
  6. puma85
    Thanks. I've tried to negotiate a settlement a number of times, but have been told that they will only accept the full balance. This is despite sending me an offer of 60% discount last year. I absolutely want to avoid a CCJ. This is the only black mark on my credit history and It will be removed on the 31st October this year. Worse case; if I flat out loose the the case I should be able to pay the full amount within 30 days. I understand this stops the CCJ from being recorded?
  7. puma85
    Is this a request for the particulars? This is the request from the court scanned again, with cover letters from the claimant. additional info requested.pdf
  8. puma85
    Particulars attached. I've only included the last page of the statements exhibit as its exactly the same as whats in the witness statement. pARTICULARS_compressed.pdf the advice early on in this process was that huge reductions offered were likely due to the debt being unenforceable. This was later reinforced by the CCA But now it sounds like its pretty unlikely I'm going to win this. Is there anything I can do between now and the court date to negotiate a Tomlin with Lowell, or should I just start saving?
  9. puma85
    You're right.. although the previous couple of debts I've had we're written off by the lenders as I argued they hadn't done their due diligence and should never have allowed me to open an account (payday loans). This is the first and only that has got this far. Its the only default on my history and 6 years is up on the 31st August (not that any of this is relevant to my defence). So getting back to the Particulars/Witness statement. Particulars do reference and include a copy of the email, but this isn't included in the Witness statement. Either way, this is what i understand; This evidence is also not included in the witness statement, so cannot be presented in court.
  10. puma85
    particulars.pdf Point #8 refers to an email which is included in the Particulars pack. The Witness statement mentions this same document, but a copy of the email is not included in the witness statement pack.
  11. puma85
    Good news! The particulars includes evidence of an 'offer to settle' email sent by me after the PAP date. But this is not included in the Witness Statement
  12. puma85
    OK, yes you're right; there is definitely no exhibit that shows I have admitted anything. I'll double check the order, I'm sure it was 28 days. order.pdf I also have the 'Particulars of Claim', which is very similar to the witness statement but with some differences - Is only the evidence presented in the Witness Statement produced in court?
  13. puma85
    Unfortunately I cant find the email referenced above. But, I think I did try to settle with them after I received the PAP The court date is 30th September, which gives me until Wednesday to get the defence in.
  14. puma85
    Its either an outright lie, or they are counting my attempt to settle at 40% as a response to the PAP.
  15. puma85
    Apologies, In that case then no I did not admit to the debt - I did not formally reply to the PAP. I did make contact with them in an attempt to settle for 40% of the debt (they had offered me this figure previously).
  16. puma85
    I believe this is the PAP LOC response? I selected "I dispute the full amount claimed as shown on the Claim Form" pap.pdf
  17. puma85
    I'll dig out the PAC LOC response. I'm certain I followed the advice given here, but prior to discovering this site I did have correspondence with Lowell in an attempt to negotiate a lower settlement fee.
  18. puma85
    I finally received a copy of the Notice of Allocation. the hearing was pushed back quite a way due to COVID19, but I now need to spend the next few days putting together my witness statement. Any help with this would be greatly appreciated! claimants_ws.pdf
  19. puma85
    Thanks. Yes that's correct. The item was demostranted, the buyer tested and saw the item working before payment was made.
  20. puma85
    I understand the cooling off period for online purchases, but this is a little different due to the item being collected/paid in person. A used item was recently sold by auction on eBay. The seller inspected, paid with cash and collected the item in person. The buyer is now claiming the item to be faulty. If this transaction was completely remote and the item posted, I would absolutely expect the buyer to be entitled to a refund. But as the transaction happened in person would the point of the money changing hands be when the contract is made? Therefore not giving the buyer any cooling off period? I think this is the key information; Used item Paid in person Working when collected Private sale Thanks!
  21. puma85
    thanks andy, done.
  22. puma85
    So the most likely scenario is I've somehow missed the letter and thrown it away, or it got lost in the post. Both seem pretty unlikely, but I can't think of any other explanation. So where do I go from here? I presume if I do turn up at court Lowell will win by default as I haven't submitted a plea. A notice of adjournment arrived this morning. Order 2. is requesting both parties consent on a judge determining the outcome without a hearing. As they do not have my witness statement I presume I need to request an oral hearing instead? - I then have enough time to supply one. adjournment.pdf
  23. puma85
    I believe they submitted the additional information. attached are the cover letters of two sets of documents they sent after the 10th March 'Notice of Trial Date' requesting additional information or the fee of £170.
  24. puma85
    as requested; court.pdf
  25. puma85
    No.. the 'letter' from 10th March is titled 'Notice of Trial Date' It requests additional information from the claimant, not the defendant? The only other 'letter' I had from the court before that was 'General Form of judgement order' on the 13th January. This also requests additional information from the Claimant. (this was my last post here). Since the 13th Jan, I've only had the Notice of trial date from the court.

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