Lowell: Tomlin Order Receipt

[Natur3]

MIKE770* please also see above, I am having issues tagging using my mobile*

[Amethyst]

Oh no. That's why Witness Statements are so important, it is quite strange you weren't ordered to exchange such and evidence before the hearing. It is hard to prove something didn't happen, but your bank statements from the relevant date and the SAR could have been used to show there's no evidence of the £100 payment being made, just to help sway the balance of probablities back your way.I got caught out with this kind of thing before, I didn't take evidence of payments made to a charging order hearing where the claimant lied that I'd missed a payment. Daft mistake, but it happens and we have to kick ourselves and put it down to experience unfortunately.
Well, what you will need to do now is apply to court for a variation of the order to monthly instalments ( unless you are able to pay within a month to avoid the CCJ being registered against you for 6 years ) - this is form N245 and costs £50 to file with your full income and expenditure, asking for payments monthly rather than in one go.**https://www.gov.uk/government/public...on-of-an-order

[Natur3]

Further to my above post I have been looking in to the appeal and note it is Form N244 that I need to complete at a cost of £255. The claim itself is for £2500 so I do believe it is worth paying for. Am I allowed to send a postal order for the amount? I do not have a cheque book. What are my options? I'm sure a postal order will incur an additional percentage charge?

Do I need to reconnect lloyds and ask them what is the information they supplied to Lowell's regarding 2015 as it is not in the claim. Or do I merely rely on what was provided in the SAR as that in itself is a request.

I just want to be sure as even if it may seem like a crayon level query I legit won't understand what is being asked of me unless explicitly requested of me.*

Consent for an adjournment*
*I wasn't afforded the opportunity to file an application of consent for an adjournment of the hearing as:
- There were two mediation attempts both of which did not take place. The second Mediation was originally directed and then cancelled
- Wthin the mediation timeframe a court date had been received. I had already responded to mediation by this point. I *followed up with a phone call as the auto email requests one to not email a second time. When I was able to make contact mediation stated they are unable to offer any dates or times due to a court date being this as they required 14 days notice however will put me on the waiting list, I was then contacted the next day by voicemail to let me know nothing was available as they needed 14 days. The same 14 days notice was required to submit consent for an adjournment therefore I had no choice but to attend.*

- The original mediation appointment scheduled a few months earlier and accepted by both parties was cancelled on the day at the exact time of call.*

Statute Barred*
- I believe the case is statute barred and there is no evidence of the 2015 payment nor evidence in the SAR. Their witness statement refers to a statement of account

Form N244

Please*advise if I should photocopy and include the entire SAR including print screens of conversations between lowell and lloyds? I assume I have to provide it in its entirety and also send a copy to the Lowells also. Please advise as it is a hell of a lot of paperwork so will need to make a start.*

Form N244 Question 3 - Why am I applying*
Based on the above and Statute Barred what should I write in this section preferably in legal jargon?*

Form N244 Question 5 - Am I stating Master, District Judge or Judge?

Question 10 - Do I tick both the witness statement box and *the written evidence box which will be in the form of the SAR?*

Please advise*

Thank you! And sorry to be a pain!*

Merry Xmas to you both and honestly thank you for all that you do, truly appreciated.*

[Natur3]

Amethyst*
The judge stated that we were to exchange witness statements some months ago, but that's untrue as lowells only provided me with a witness statement a few weeks ago once the date had been set. Unless I completely overlooked it in a letter.*
*
Do you think it is better to simply go for applying for a variation of the order to monthly payments rather than applying for a new judge to view the SAR? Would the submission of a SAR simply be seen as a probability or will it carry more weight as fact? My argument is if this £100 that was apparently made from myself in 2015 it would be reflected in the SAR, as it isn't it should be deemed as it does not exist.

is this how it works? Just need to understand my chances as I'm completely willing to pay the £255 to go for statute Barred.

I certainly cannot afford to pay the debt in one go at all.

[Natur3]

Lastly (sorry I'm writing things as they come to me)
The judge seemed to think that because the solicitor signed a witness statement confirming speaking to lloyds that was just enough. Does that mean that even if I submit a SAR that clearly shows that no such payment was made in 2015, the judge may still side with Lowell's simply because a solicitor stated that they 'spoke to llloyds' and signed a witness statement to that effect?

[Natur3]

Amethyst*

i am basing it on the step change website which states that may get a set aside based on if:*

• The debt was*statute barred*before the claim was issued. This means the creditor had waited too long to take court action – usually more than six years after you last paid or contacted them

https://www.stepchange.org/debt-info...aside-ccj.aspx
Still cannot believe this could have been avoided simply by bringing my SAR! The problem is I have been working towards cleaning up my credit and I was finally getting there, this appearing just sets me right back. I was hoping to get a mortgage in the next couple years and this just completely sets me back hence my keeness to hav it set aside.*

It saud and something about contacting the claimant within 7 days for consent order or something? I'm not sure it's all a blur right now. Will have to sit tight for the next few days and see responses in a few days.

merry Xmas indeed!

[Amethyst]

As you have had the hearing it would be an appeal not a set aside. The judge refused permission so you would have to request permission, which would be a hearing , and the grounds have to be on a point of law. Unfortunately your not having taken the documents with you to show their account had no evidential basis won't be enough. The stepchange advice is for setting aside a default judgment.*

Re witness statements. 14 days before the hearing is the normal date by which to exchange witness statements - you checked your court paperwork before the hearing and didn't see anything - but it was still recommended you do one - if nothing else it would have cemented your argument and ensured you had the relevant info with you on the day. It may have been in an earlier order than the hearing date order.*

pt2537* see if he thinks there might be enough to appeal on but I think you're in the realms of damage limitation. As a forthwith order it may not be registered if you sort out a payment s arrangement direct with the claimant - but it's likely to have to be quite hefty instalments if not full settlement. Once you apply to have instalments at an affordable amount set by the court the judgment will definitely be registered. I have no idea as to your situation financially so difficult to suggest what options you might have. Contact the claimant anyway particularly if you think there was some mention of a consent order ( after the judgment would be strange but depends what the discussion was in court )*

[Natur3]

Amethyst*Thank you! *If me having the SAR isn't enough for the appeal it isn't the best route to go. The main concern is the CCJ so I will speak directly with the claimant regarding a forthwith order and see if they would be willing to accept monthly payments as outlined above when there offices re-open.
I'm not sure on my chances, my budget isn't great but with some serious sacrifices I could ask for £200 a month.*Perhaps if I make an initial payment at time of call it can be seen as a gesture of intent.

thank you once again Amethyst and I shall update when j speak to them.*