📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Help please court date

Options
Hi
Im hoping someone can advise me please, i have a case against me with Lowell for an old vanquis account, they have to pay the court fee by this week and I have another to get my documents together, until the trial bundle came this week i had no information and they hadn't sent me any response to my requests for proof or documentation, now that have and have said my defence is no longer valid as this was based on the fact that i had no information from them to validate the claim, Can I change this now to suit?
Should I try to negotiate now, the case was allocated to a central court not my local one with no directions and I have to pay to have it moved even thou i was never issued any directions which seems a little unfair.
The debt is made up of numerous Charges from vanquis, can i negate on this point, I was hoping for mediation but no directions was sent.

Comments

  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    There are a number of issues here which seem, on the face of it, odd.
    they have to pay the court fee by this week

    Call the court a few days after that date to check if they have paid. It is a common issue with these companies not to pay, so check.
    until the trial bundle came this week

    This is a Witness Statement. The paperwork should have said that you need to prepare and send one to the court and to Lowell. What did the Hearing Notice say about this?
    they hadn't sent me any response to my requests for proof or documentation

    They should have treated your request as a Subject Access Request and provided the information within 30 days. Did they? And if they didn't did they say why?
    now that have and have said my defence is no longer valid

    This is simply their opinion. A judge will decide that [if they have paid the hearing fee]
    Can I change this now to suit?

    A defence is one thing but the facts will decide the matter. They will have to prove the issue not you. A defendant (you) never wins or loses a case. The burden of proof lies with Lowell. What does their Witness Statement prove (not what their opinion is)
    the case was allocated to a central court not my local one

    The defendant always has the choice of court unless it is a claim against a company. Are Lowell suing a company a company or an individual?
    i was never issued any directions which seems a little unfair.

    The court will have sent these - but to where. The court issue would suggest the claim was sent to a different address from the one you are now living at?
    I was hoping for mediation but no directions was sent.

    Mediation is a waste of time as they want the full whack.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.