County court papers received out of blue from lowell

[mystery1]

Re: County court papers received out of blue from lowell

He told the soliciot to tell richard senior that he was very very lucky to be alllowed to continue. And he should tell him that.

they only bunged the evidence together yesterday morning! The judge only got it today


So wth did he allow it?

Don't know but it's quite disappointing to here that the judge knows he has made a dubious call in allowing the claim to continue.

Still you didn't lose, i guess.

They way you put it makes me wonder if you'd have had a lawyer he wouldn't have done that.

M1

[Nibbler]

Re: County court papers received out of blue from lowell

Ok so they are relying on the most recent payment, since if genuine that would have been the last fresh accrual of the COA. If not genuine but previous ones inside the 6 years were then that would be equally valid as a fresh accrual within the limit. Which even Lowells should be able to work out.

[Amethyst]

Re: County court papers received out of blue from lowell

So we go through the CCA (I posted that yesterday afternoon - signed application with executed terms stating £15 default fees if someone can check if that's correct for 2001 ?? - they were £20 in 2003 ) see if there's anything in there, or do a bit of a negotiate on settlement without a CCJ - maybe under a Tomlin Order - and we won't make a fuss about the invented payments ? Just thinking aloud really.

We'll know better once Scigal has the statement copies from the bank,.

[Amethyst]

Re: County court papers received out of blue from lowell

Yes they are relying on the payment of £10.73 made in Jan 2011 (which we don't believe was actually made)

So although the other payment in Dec 2007 make it within a month or two of being SB, it doesn't seem like it is, unless that payment isn't correct either.

[Nibbler]

Re: County court papers received out of blue from lowell

Right. 28th December 2007 it has a payment listed made by Debit Card of £28.77. If you can get a statement to check that payment at the very least.

That is an important one as it appears to have been the last payment and this claim was bought against you in November 2013.

If those dates are correct then that's not good.

But Lowells are relying on the more recent ones yes? Which would be odd?

[Amethyst]

Re: County court papers received out of blue from lowell

This one.

[Celestine]

Re: County court papers received out of blue from lowell

Yes, the only way those payments could legitimately been made by you on a Sunday would be if they telephoned you and you made a debit/credit card payment. This will show on statements.

Firstly, why would any sane person make a payment of a few pounds?? It makes no sense.

We KNOW Lowell have lots of 'form' for faking payments, I've come across it several times.

[Amethyst]

Re: County court papers received out of blue from lowell

Right. 28th December 2007 it has a payment listed made by Debit Card of £28.77. If you can get a statement to check that payment at the very least.

That is an important one as it appears to have been the last payment and this claim was bought against you in November 2013.

[Amethyst]

Re: County court papers received out of blue from lowell

((((((((((hug)))))))))))))) It can be very stressful going into court, you can understand why so many people just roll over and pay the claim regardless of whether they truely believe it is owed or not. I told you yesterday there was nothing to be worried about or ashamed of. It's a small credit card debt that's over six years old.

You did it and they got told off for ambushing you. We'll help figure out the next steps and you'll be completely on top of it before the next hearing.

You COULD negotiate with them a reduced settlement to save going back into court if you are worried about those payments, but if you did not make them, then they cannot prove you did and they cannot get a CCJ against you or enforce the debt.

If you did have bank statements etc from that period it would be useful, it looks like from the history payments were made by Debit Card over the telephone or online, or by Direct Debit, so would all show in your bank account. If you could get hold of ones that show the payments that were made as well as the ones from the time they say the payments were made to show they weren't made that would strengthen your case. It's not a necessity but for the moment it is our word against theirs, and the onus of proof is on them. They will state the records are true etc and that's how their system manages them. We'll state that all the other payments show method (DD or Debit Card) and compare the dates made and point out they were closed on Sundays, and your circumstances (maternity leave etc) at the time.

[Scigal]

Re: County court papers received out of blue from lowell

Yes ive had the same bank account, as soon as i neck this coffee im going across the road to buy statements pertaining to those exact dates. Imguessing its a week that it shows?

[Scigal]

Re: County court papers received out of blue from lowell

I got a bit teary too, well, i choked them back but it was bloody hard

[Scigal]

Re: County court papers received out of blue from lowell

He's just doing his job, being arrogant and patronising comes with the job. lol.

He had a very weak handshake too!!

(Hes probably very nice outside of work hours!)

[Amethyst]

Re: County court papers received out of blue from lowell

No, is that the skeleton thing hes asked for?

Yes probably

It is basically details of your defence based on the evidence you now have.

[Amethyst]

Re: County court papers received out of blue from lowell

I feel a bit deflated, it felt as if he was going to allow as id asked, then he seem to change his mind. The other guy was fake as fake can be with his smiles and artificial bigging up of me as a competent and intelligent person who hasnt been served with rocket science difficult stuff....49 pages it was!

He's just doing his job, being arrogant and patronising comes with the job. lol.

[Scigal]

Re: County court papers received out of blue from lowell

This is the defence originally entered:


On 15th May the 'evidence' bundle was sent in - did you do a witness statement or anything to go with that?

No, is that the skeleton thing hes asked for?