County court papers received out of blue from lowell

[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.

[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,.

[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.

[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

[Celestine]

Re: County court papers received out of blue from lowell

But we can't go round advising people to take lawyers/barristers to small claims hearings because they'll be so unlikely to recover the costs. You could spend 2 k defending a 1k claim. Its also risky to argue Fast track due to complexity as then the defendant is at risk of their costs.Its a real Catch 22.

[mystery1]

Re: County court papers received out of blue from lowell

But we can't go round advising people to take lawyers/barristers to small claims hearings because they'll be so unlikely to recover the costs. You could spend 2 k defending a 1k claim. Its also risky to argue Fast track due to complexity as then the defendant is at risk of their costs.Its a real Catch 22.

Oh no, i was advocating that at all, just that the judge sounds like he was taking advantage and wouldn't have done so to a pro. Makes me sick really but what can you do.

Onwards and upwards.

M1

[Nibbler]

Re: County court papers received out of blue from lowell

This one.

Urgh! Yes.

So debit card payment on 28/12/2007 (allegedly)

Claim issued on 05/11/2013

5 years and 11 months (ish) later

[Amethyst]

Re: County court papers received out of blue from lowell

Okay ref the CCA - yes £15 is correct for default fees in 2001.

[Bigsis]

Re: County court papers received out of blue from lowell

Hi Scigal

I have been following your thread and was reading about your court experience today - I felt your stress and could have cried for you.

Its so intimidating and everything seems to go of your head. When I went to court recently with my son, we didnt expect it to be so formal (judge sitting in front of us on elevated platform and we sat below feeling very little), in fact we lost the power of speech for the first 5mins lol.

Anyway, well done for being so brave today and best of luck with the stage xx

[Bigsis]

Re: County court papers received out of blue from lowell

oops *next stage*

[Scigal]

Re: County court papers received out of blue from lowell

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

Hi, im just cathcing up.


i do have free legal cover, can i use that for this? And more importanly can i 'buy' you with it!! d)

[mystery1]

Re: County court papers received out of blue from lowell

I'd be asking about the cover for sure although it may not get you good help. General lawyers are out of their comfort zone if they're not writing wills. Some are better than others though. Hard to say exactly what your cover allows. Call them and find out.

Can't buy me i ain't a lawyer and that'd be against the legal services act

M1

[Scigal]

Re: County court papers received out of blue from lowell

Hi Scigal

I have been following your thread and was reading about your court experience today - I felt your stress and could have cried for you.

Its so intimidating and everything seems to go of your head. When I went to court recently with my son, we didnt expect it to be so formal (judge sitting in front of us on elevated platform and we sat below feeling very little), in fact we lost the power of speech for the first 5mins lol.

Anyway, well done for being so brave today and best of luck with the stage xx

Hi thank you for your kind words, i hope your day ended better than it started x

[Scigal]

Re: County court papers received out of blue from lowell

I'd be asking about the cover for sure although it may not get you good help. General lawyers are out of their comfort zone if they're not writing wills. Some are better than others though. Hard to say exactly what your cover allows. Call them and find out.

Can't buy me i ain't a lawyer and that'd be against the legal services act

M1

can i just buy you too make me feel a whole lot happier, we can walk in, i will look at mr smarmy and say 'look what i brought to show and shaft' then ill add BITCH to the end. Just cos i like Breaking Bad so much.

I will call them for sure.


Ho hum. More time of work. What a nightmare.

[Scigal]

Re: County court papers received out of blue from lowell

The judge also said he would take into consideration the out of date evidence being out of date, if i wanted to continue...maybe i should have pushed to continue? Was he leading me without being obvious?