The claimant has already replied and sent the signed Tomlin order onto the court. 
 

On 01/09/2020 at 15:45, Andyorch said:

So you need to submit some kind of statement by tomorrow latest..otherwise they could refuse the TO and you would be in breach of the court directions.

Do I still need to submit a witness statement? 
 

tomlinreply.pdf

25 minutes ago, Andyorch said:

Forthwith means what its states...with immediate effect...as execution of a forthwith judgment can commence immediately...not within 30 days. 

Thanks for clarifying this Andy. I'd previously been advised it was always 30 days. 

Reply from Lowell Solicitors;

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. 

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. 

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?

 

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?
 

On 15/01/2020 at 09:23, puma85 said:

Just received the following. I presume this is standard protocol for the court.

 

general form of judgementor order.pdf 107 kB · 2 downloads

On 15/01/2020 at 11:07, Andyorch said:

But they have provided all the Order in your post # 40 ?

On 15/01/2020 at 11:14, puma85 said:

Yes thats correct.

 

Everything the Judge asked for in the last letter has already been provided to me. 

 

I'm still not sure what my angle is going to be when I get a court date.

 

From the other threads I've read it seems that missing paperwork and old debts are how defendants win.

 

Everything is in order from what I can tell. 

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

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

2 hours ago, Will Goodfellow said:

In my opinion, the email is irrelevant. Once Lowell produced copies of the CCA, Default Notice and Notice of Assignment your defence was wiped out. You should have accepted mediation and pushed for a Tomlin Order as all you've done is increased the debt and unless you have a couple of thousand to pay the CCJ within 30 days...

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

Quote

 

(The credit agreement is a pre executed copy of offer and does not name you or show any connection to your application and refers to a further application form.

No names no address no account number no credit limit....simply refers to " you " which could be anybody.)

 

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?

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. 

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. 

24 minutes ago, dx100uk said:

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 

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?

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. 

Its either an outright lie, or they are counting my attempt to settle at 40% as a response to the PAP. 

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). 

I believe this is the PAP LOC response?
I selected  "I dispute the full amount claimed as shown on the Claim Form"
 

pap.pdf

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.  
 

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

Thanks. 

Yes that's correct. 

The item was demostranted, the buyer tested and saw the item working before payment was made. 

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!

thanks andy, done. 

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

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.

as requested;

court.pdf

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.