County court papers received out of blue from lowell

[Scigal]

Re: County court papers received out of blue from lowell

Hey all, ive sat down with a coffee and dirty great lemon tart.mim done in, but i seem to be short on time, i think everything has to be submitted by the 6th.

do i get typed copy of the judges orders? Cos i cant write it that fast!
From memory, i need a skeleton something, the shorter the better ( then the other guy took me to one side outside and said i should add detail to it...)

[Scigal]

Re: County court papers received out of blue from lowell

They wre 3.93 and 10.xx respectively. Transaction dates on a sunday both times.

[Scigal]

Re: County court papers received out of blue from lowell

Well done Scigal for braving that. I hope you feel very proud of yourself. Well done also to M1 for superb guidance throughout.

Have you had the same bank account for the last 6 years? Can you access statements? If Lowell are put to STRICT proof of how these payments were made, then hopefully you can counter their rubbish withy some evidence.

If its been adjourned for 2 weeks, whats the timescale on further witness evidence? It would seem very sensible to produce a WS to counter theirs??

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!

[Amethyst]

Re: County court papers received out of blue from lowell

Hey all, ive sat down with a coffee and dirty great lemon tart.mim done in, but i seem to be short on time, i think everything has to be submitted by the 6th.

do i get typed copy of the judges orders? Cos i cant write it that fast!
From memory, i need a skeleton something, the shorter the better ( then the other guy took me to one side outside and said i should add detail to it...)

mmmmmmmmm lemon tart, lovely, think you deserve it !

Yes you should get the order in writing. Could always give court a buzz tmw ask them to read it out to you as you are short on time.

Skeleton argument sounds about right - the defence is that you didn't make those payments and they haven't given any evidence that you did and that the debt is stat barred.

[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?

[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.

[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.

[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!)

[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

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?

[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.

[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.

[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

This one.

[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?