County court papers received out of blue from lowell

[Scigal]

Re: County court papers received out of blue from lowell

So my notes say:

1-allowed evidence
2- adjournment and relisting
3- file no later than 4pm 6th june.
4- claimants costs by adjournment in any event to be paid by the claimant no later than 4pm 13th june
5- cases to court and solicitor by 4pm days before new hearing. (Is this same as point 3?)
6- outline. Skeleton argument. He said if someone is in the background helping me then they will know what to do.

i hope its him at the next hearing.

I am surprised he allowed it though, he did rip them apart quite well on various elements. The lack of CCA, had requested it several times etc etc, they are a big org and should get their tackle together properly if they expect to sue some one etc

[mystery1]

Re: County court papers received out of blue from lowell

3. File what ?

5. Could be any cases you wish to rely on. Needs clarified.

M1

[Scigal]

Re: County court papers received out of blue from lowell

Urgh! Yes.

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

Claim issued on 05/11/2013

5 years and 11 months (ish) later

I think that payment is unlikely. I was a single mum, on long term sick, i was in trouble for not paying rent. In an utter mess. I doubt i would have paid that, in 2007 that would have been a ginormous amount of money to me.

The bank chap was lovely and he tried to access what he could on his system but it didnt go back enough, the he called head office to see if they had better software. They didnt. So he asked them togo through microfiche to find the statements what an ethicAl banking chap he is massively impressed with his help.


also, i wasnt at home on that transaction date. I was at my parents. Just after christmas. Am i hell going to be making payments where i cant afford them!!

[Scigal]

Re: County court papers received out of blue from lowell

3. File what ?

5. Could be any cases you wish to rely on. Needs clarified.

M1

I think 3 is to file any more evidence?

yes he means the cases i took. As the solicitor got a bit twitchy at the pile of papers i had. I said as i intended to mention cases then thought it pertinent to provide evidence for all of us. Whereas he was citing cases and not explaining anything or even providing evidence.

the judge said all i need to do is mention where in the case i am referring so the judge can look at it before hand.

[Nibbler]

Re: County court papers received out of blue from lowell

I think that payment is unlikely. I was a single mum, on long term sick, i was in trouble for not paying rent. In an utter mess. I doubt i would have paid that, in 2007 that would have been a ginormous amount of money to me.

The bank chap was lovely and he tried to access what he could on his system but it didnt go back enough, the he called head office to see if they had better software. They didnt. So he asked them togo through microfiche to find the statements what an ethicAl banking chap he is massively impressed with his help.

From what I can see there was about £14 being paid each month, then a DD reversal, then a missed month, then that £28 payment by debit card? Almost as if it's supposed to make up what was missed?

It is a debit card though, so should show up on statements.

Unless anyone may have paid that on your behalf on their card?

[Scigal]

Re: County court papers received out of blue from lowell

From what I can see there was about £14 being paid each month, then a DD reversal, then a missed month, then that £28 payment by debit card? Almost as if it's supposed to make up what was missed?

It is a debit card though, so should show up on statements.

Unless anyone may have paid that on your behalf on their card?

Yeah i agree thats exactly how it looks. I will ask my bank to lookfor that one too.

There wasnt anyone who would have made payments for me.

im nervous lowells have purposely been quiet about that.could they have genuinely missed it? surely if they intend to reply on it then it has to be in the defence? Otherwise is that not introducing new evidence?

[Scigal]

Re: County court papers received out of blue from lowell

Ha what a bummer. I just found a pile of statements . Its dated 21/1/11... Missing one of the transaction dates by 2 weeks

[Amethyst]

Re: County court papers received out of blue from lowell

Payments are only recorded through 2007.

Looks like you had a Standing Order set up and changed it to a Direct Debit for the minimum payment in May/June, then cancelled the Direct Debit in November 2007 as it had bounced and made the December payment by card. The amount is the minimum payment due on Novembers statement. Then after that payment gave up and they just kept sticking overlimit and late payment fees and interest on until around July 2008 which presumably is when it defaulted.

The difficulty is that that all makes sense, as opposed to the later random payment of £3.73 when the debt had built up to £704 odd.

[Amethyst]

Re: County court papers received out of blue from lowell

Anyway, if Stat Barred is out of the window (JUST!) there may well be some good arguments on the CCA.

[Scigal]

Re: County court papers received out of blue from lowell

Payments are only recorded through 2007.

Looks like you had a Standing Order set up and changed it to a Direct Debit for the minimum payment in May/June, then cancelled the Direct Debit in November 2007 as it had bounced and made the December payment by card. The amount is the minimum payment due on Novembers statement. Then after that payment gave up and they just kept sticking overlimit and late payment fees and interest on until around July 2008 which presumably is when it defaulted.

The difficulty is that that all makes sense, as opposed to the later random payment of £3.73 when the debt had built up to £704 odd.

Could well be the case, i have no idea. I was very ill at that time, and was actually suing my then dept, or at least the amazing students at kent law clinic were. I was near agoraphobic, never answered the door, or the phone was under constant bullying and hassle. Stoned on antidepressants etc had council tax and rent bailiffs at me, i was too afraid to even have a window open.


So then probably by shear luck they started proceedings just in time. That said i did request CCA in 08 and twice in 10. Does not that put everything on hold? In dispute or something?

[Nibbler]

Re: County court papers received out of blue from lowell

The payment does seem 'feasible' for someone trying to play catchup.....

[Scigal]

Re: County court papers received out of blue from lowell

The payment does seem 'feasible' for someone trying to play catchup.....

I agree, it certainly looks that way. Possibly i was bullied into making it?

[Nibbler]

Re: County court papers received out of blue from lowell

Quite possibly. Can happen to people at the best of times, let alone when you are going through a bad patch.

If genuine it will be on statements from the time. So that will be proof of the pudding as long as no-one else could have done it for you.

[Scigal]

Re: County court papers received out of blue from lowell

Anyway, if Stat Barred is out of the window (JUST!) there may well be some good arguments on the CCA.

Can they suddenly start talking about those. They chap did start quickly throwing in evidence way before he was supposed to, and did mention the 2 silly payments.

Whats with the cca?

[Scigal]

Re: County court papers received out of blue from lowell

I forgot to add. The hardcopies of the bundle still havent arrived in the post.