Well yesterday, thanks to Joanna Connolly solicitors and Diana Mayhew with a little help from Tom Brennan I soundly beat Lowell is a claim for £5200 in the small claims court. Not only did we beat them but we also got costs for their unreasonable behaviour in continuing with a 'hopeless' case and the 'unintentional' misleading of the court by their representative at an earlier hearing.
The issue was decided on one thing alone and that was that no default notice had been served on me , not just a bad DN but no DN. They were unable to even produce a recon just an template DN with insert name here etc on it.
Tom did not even get to argue that the dates they claimed it was served on did not tally with the SAR I had sent to Cap 1
Neither did he get to argue an illegible credit agreement or a defective assignment or non compliance with S78(1)
All in all a good day for me and a bad one for Lowell
The issue was decided on one thing alone and that was that no default notice had been served on me , not just a bad DN but no DN. They were unable to even produce a recon just an template DN with insert name here etc on it.
Tom did not even get to argue that the dates they claimed it was served on did not tally with the SAR I had sent to Cap 1
Neither did he get to argue an illegible credit agreement or a defective assignment or non compliance with S78(1)
All in all a good day for me and a bad one for Lowell
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