SD BWLegal/Lowells - 2003 Lloyds credit Card debt - **SET ASIDE**

[gforce2k]

Thanks UB67, I'll refer back to the WS and make sure i have everything.

 

What is the judge basically deciding? that the arguments are too complex to arbitrarily decide in favour of a bankrupcy petition? that it should go to court?

[Banking on change]

Hi GF2K

 

I said I'd get back in touch after our court hearing but I have news on developments.

 

Rather than repeat the details here please see my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?406276-Statutory-Demand-Urgent-Advice-Request&p=4377528#post4377528

 

Read post 17

 

I will return after court to let you know what happened.

[Banking on change]

Hi Gfoce2K

 

I'm sad to say we lost our set aside. The judge was very bias. Read the update following my link above.

The only advice I can give you is take your bank statements if you can prove there is a discrepancy in the amounts.

 

The judge in our case asked for statements but we didn't have them. He was very much of the view, you borrowed money and you need to repay it but he didn't care at all for the OFT guidance that Lowell need to provide evidence that they have accurate data.

 

I naively thought we would address the legal position of using SD's to collect debts and the OFT guidance against this but the judge didn't even listen to this argument. If you can afford a solicitor, get one.

 

I wish you luck and hope you get a better result.

[gforce2k]

Hi BoC/everyone,

Hearing tomorrow

In my hearing tomorrow midday so any last words of advice welcome.

 

Understanding the important points to argue/highlight

One overriding thing i'm not clear on is my understanding in general of what the judge will be basing his/her decision on i.e. what/if any key points that a judge always looks to be satisfied to decide in favour of a private defendant?

 

e.g. is the fact that they have not responded to my verbal request for CCA worth pushing particularly or is the lack of any agreement or paperwork with the SD of particular importance?

 

BoC

BoC when you say the judge asked for statements was this to prove wrong amounts or overcharging or...?

did the judge take a 'you borrowed so you lose' approach as a rule of thumb without consideration to your points of defence?

 

If I lose?

Lastly, and possibly most worryingly, if I lose what are the options, if any?

I imagine BGL will go straight in with a petition for bankrupcy, if so is there anything i can do? settle? appeal?

too late to come to an arrangement?

would there be anything that will stop the petition/delay it whilst I get monies together?

 

working on this late tonight so any help/guidance welcome.

Cheers,

gf2k

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?405480-SD-BW-lowells-**SET-ASIDE**-Judge-none-to-happy-they-had-NO-CCA!!(4-Viewing)-nbsp&p=4419952#post4419952

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?408345-SD-lowell-BW-legal-lloyd-od-***Set-a-Side***-Judge-not-happy-they-filed-SD-holding-NO-CCA!!(2-Viewing)-nbsp

[gforce2k]

Not sure on the merits of a non compliance letter. A comment from a Judge hearing a set aside that it was unnecessary was reported here awhile back. But that was just one Judge.

 

You can correct an typos at any hearing. From what I read claimants appear to correct their typos at hearings without any detriment. So I can't see how they can hurt you, as long as you clear up any wrong dates etc, when you are required to do so.

 

Not sure what you need to prepare, apart from copies of anything you refer to in your statements. If you have referred to any case law, copies of the cases you cite.

 

Thanks UB67,

hearing tomorrow so any last nuggets of wisdom appreciated.

have referred back to the WS and making sure i have everything but could you help with my post #79 questions please?

 

Not clear on exactly what is the judge basically deciding? is it that the defence arguments are too complex to arbitrarily decide in favour of a bankrupcy petition? that it should go to court to argue them through? or does the judge ignore technicalities instead focusing on basically whether it's felt i owe the money or not and nothing else?

 

it would help me prep my arguments etc. for tomorrow if i had a clearer understanding of what is the basis of a decision to/not to set-aside an SD.

 

thanks in advance.

cheers,

 

gf2k

[AndyOrch]

You need to check out the links DX is posting to your thread gf...it may give you some encouragement for tomorrow.

 

Andy

[gforce2k]

thanks dx and ao,

had a quick read through last night, now getting my copies printed off for the hearing.

i'm going to re-read it all when i've done that.

 

btw do i need to print off an entire case if i reference it or just the relevant clauses?

also should i bring in a corrected version of my WS or a copy with the typos highlighted and corrected by hand to make it easier for the judge?

and how many copies - one for me, one for the judge and one for the dlc rep?

thinking of taking in my entire lever arch file with statements and letters etc. but not sure if this may be a bad idea?

 

leaving at 11/11:15 so if anyone can help me before then I'd appreciate it.

 

thanks

gf2k

[Banking on change]

Sent you PM

[gforce2k]

Hi everyone,

quick update: application to set aside granted, no directions.

 

i'll post the details as soon as i have the set-aside documentation from the court.

 

right now i want to understand what my best next step is to solidify this rare positive outcome.

send a sar? re-send the cca? counterclaim charges?

 

what options does the dca have now? and potentially if they get documentation from the OC?

does this mean the bankrupcy petition avenue is completely off the table or can they revisit?

in which case should I consider a much reduced settlement or arrangement during this lul in proceedings?

 

cheers,

gf2k

[unclebulgaria67]

Well done !

 

Looking back at the thread, the main issue appears to have been an invalid default notice. Lowells may be tempted to go down the CCJ route, so anything that would help you defend such an action, would be a good idea. So an SAR to the original creditor would seem sensible. If you have already sent Lowells a CCA request and received a response, not sure of the merits of sending another.

 

You could pursue the unfair charges and ask for copies of all statements within your SAR, so you can that. I think you would take this up with the original creditor.

[Banking on change]

Well done I'm positively thrilled for you!!!! Brilliant!

 

I'm gona have a beer to celebrate your victory tonight ; )

 

Yes!!

[Banking on change]

Ohh the set aside docs probably won't tell you much.

 

They appear to follow a format ie you turned up, the other side turned up.

The judge listened to both sides and READ THE DOCUMENTATION (yeh right)

 

What really matters to others here is what did the judge say re your points v the other side, what did he or she take into consideration and how did they sum up their conclusion.

 

Again well done, it's a great victory and a shot across Lowell's ********

 

Enjoy Gforce2K

 

PS let's talk again, there are ways to protect yourself.

[Guest]

well done gforce

[Banking on change]

Tried to PM you but your box is full

 

You need to clear it to communicate any further

 

Cheers

[dx100uk]

great result.

 

can I just point out BoC

we don't like to keep seeing PM's going on

 

keep things on thread

 

help everyone

 

dx

[Banking on change]

Hi dx100uk

 

I'm certainly not sharing my phone number which was first pm.

I've never had an issue with pm's on any other forum and my total pm's since joining in 2006 are a grand total of 3!

 

I'm more than happy to share but as we are currently facing a petition I'm concerned about the other side

viewing this forum to see what's going on, as was gforce2K which is why we entered into pm.

 

Once the results are in I'd be more than happy to share.

[mjt2013]

we don't like to keep seeing PM's going on

 

keep things on thread

 

I don't think you can require people to post information on a public forum! Presumably the PM facility exists for a reason.

[unclebulgaria67]

I don't think you can require people to post information on a public forum! Presumably the PM facility exists for a reason.

 

The reason is that there have been previous problems with PM's being from trolls and those looking to offer their services or companies looking to guide people in the wrong direction. Not saying this has happened on this occasion.

 

Also CAG does not like private advice being offered via a PM, as it does not have the same accountability as an open forum, where others/site team may have a chance of perhaps correcting wrong information. Plus open forum is available to help others who find themselves in the same position.