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help with defence against lowell financial - debt collectors

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2 posts • Page 1 of 1

help with defence against lowell financial - debt collectors

Postby barrymcdonald1966 » March 30th, 2017, 7:26 pm

Hi
I am after a little help

Lowell Financial took me to court for an allegded shopdirect debt. Originally it was in Northampton court, where the judge ordered the case to be stayed as Lowell hadnt complied with the courts directions or supplied the required proof of ownership etc. I saw the opportunity (stupidly looking back at it!) to apply to have the case struck out. I was unable to attend the strike out hearing and judgement was made against me in my absence. I have since applied and successfully had that order set aside.

I now have 2 weeks to write a detailed defence, which the Judge has asked me to do

My defence is I dont recognise the debt as being mine.
Lowell didnt provide a copy of the default notice in the court pack, none of the letters (notice of assignment etc) were on headed paper so they could have been written by anyone, they didnt provide full statements of account just a summatry which shows the transactions in the last 3 years. The judge ruled that although these are were breaches of the various CPRs, they were minor and didnt have any affect on the case. But as far as I am concerned Lowell havnt sufficiently provided proof of owner ship

I am more than happy to email copies of what Lowell are using in court against me.
I really dont know where to start with all of this.According to the judge in northampton there wasnt enough evidence to continue with a case yet I started the ball rolling again with the strike out request

thanks
barrymcdonald1966
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Posts: 1
Joined: March 30th, 2017, 6:17 pm

Re: help with defence against lowell financial - debt collec

Postby Debtwizard » March 30th, 2017, 9:38 pm

Hello barrymcdonald1966 and a very warm welcome to DebtWizard the IVA and debt help forum.

Looks like you have done well so far ;) but need some expertise help on filing a defence. This is not really our bag on this forum, however I do know where you need to go to get that help.

First I would talk with National Debt Line they are a national telephone helpline for people with debt problems in England, Wales and Scotland. Their service is free, confidential and independent.

Their opening times are: Monday - Friday 9am-9pm and Saturday 9.30am - 1pm

Helpline: 0808 808 4000

http://www.nationaldebtline.co.uk/

If you do this and still need help then I have another forum for you where there are legal experts that will help you as well.

So please pop back after you have spoken with National Debt Line and let me know if you need anymore help.

Just to add, your third and any subsequent posts will not require approval, we do this to stop spam.

Best wishes,

Mike
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