Grand rising all, I apologise for the long update, but this is following on from my first day in court on 12th Nov.
All I can say is OMG lol. I began feeling scared because it was delayed by hours. Once inside, the District Judge started to say he will be dismissing my case and that it would not be transferred to Chancery, due to it having no merit.
He then went onto asking me how Lowell had breached DPA and GDPR and started to side with Lowell and all I could see, was that I would have to appeal. I quoted the necessary CPRs etc and he read it, but then he realised that he had not received my full court bundle and there was problems with their online portal. He then sent us out of court for 15 mins, so he could go and find my bundles.
During this time, I started checking notes and using the chatbot to see what points I could raise to get my point across.
Once back inside, he was like a changed man, he apologised for the lack of service given by the court and the problems with their system. Then he started skimming my court bundle. He congratulated me on my bundle and said it was very detailed and referred to alot of case law and previous cases relevant to my case. This was then I started to relax, and when I started to connect with him and explain what Lowell had not done and what I was asking for.
He then started questioning Lowell's representative (or Agent as she referred to herself as) and she could answer lol. He then asked her why didnt they just send me the deed, She said they didnt have a deed but they had a debt sale agreement, of which she said was sent to me. I confirmed it was not received and that I had only received print outs of my statement with my original debtor and a generic copy of an credit agreement, which did not have my name, date or signature on.
He also pointed out that I should be sueing Lowell Financial not Portfolio!!!!! Note to all, because the notice of assignment says Lowell Portfolio, but Lowell Financial were the ones who wrote to me. So he gave me advice in court to say I should have sued Lowell Finance because they are the ones who dont have anything!!!
I then said that I had received letters from both and from different address (of which some evidence of letters were in the bundle, which he saw). He then said, for this case he will keep Lowell Finance and Lowell Portfolio as one, but to sumarise, they had 14 days to send me what I wanted. The 14th day was yesterday (26th Nov) and obviously they havent sent it!
I have to put in a new claim by 24th Dec with an updated witness statement to confirm that they have not complied with the DJ request. I have also had to chase his court order/judgment of what he requested for Lowell and myself to do, as it has not been sent or uploaded online.
The next trial date is set for 21st Jan.
For those who have yet to attend court, my advice is to prepare and know your bundle! Have clear notes to refer to, be ready to quote the necessary CPRs and even if your nervous (as I was) act confident and put on an act like a solicitor.
I will update you all when we go back to court and I win!