Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi Charity - The court staff were unable to advise as they are not legally trained. Is it too late to F&F this? Please advise ASAP. In addition, claimants solicitor wouldnt agree to the extension. Thanks x

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

I've also just noted on the Particulars of Claim that Claimant claims the same amount due under agreement going back all the way to 12/07 - This would indicate no payments had been made since they took on the debt in 07? Even if they had, how would that look? x

[mystery1]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Are you saying this is statute barred ?

If so that is a complete defence.

You can f&f at anytime up to judgement.

M1

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

I've tried the F&F several times now but too no avail. I have no idea if its Satute Barred, 3 payments were made back in 2011 but that conflicts with the amount quoted in the PoC. The amount detailed in when the debt was assigned back in 2007 is the amount claimed on the claim form which is incorrect if 3 payments have been made. They would surely show a reduction from assignment to the date of claim x

[FlamingParrot]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

I've tried the F&F several times now but too no avail. I have no idea if its Satute Barred, 3 payments were made back in 2011 but that conflicts with the amount quoted in the PoC. The amount detailed in when the debt was assigned back in 2007 is the amount claimed on the claim form which is incorrect if 3 payments have been made. They would surely show a reduction from assignment to the date of claim x

Indeed that should (in my view), be sufficient proof that the payments were just phantom payments whipped up by the Lowlifes.

As for the F&F offers, if you made them in writing, less than 6 years ago, that could be construed as acknowledgment of the debt.

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi FP - What do you mean by Phantom payments? I cant recall 100% but I doubt any F&F would have been written but done over the phone x

[gallahad]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi FP - What do you mean by Phantom payments? I cant recall 100% but I doubt any F&F would have been written but done over the phone x

Even if done over the phone they may have a recording of it as proof.
G

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Thanks Gallahad - Still interested to know what phantom payments would be? I'll be filing my defence come the weekend, I at least want to take it too the allocation stage and see what happens. Claimant has already claimed Court and Solicitors fees - Are there any other fees people are aware of and at what stage they would fall on me? Thanks x

[MissFM]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Thanks Gallahad - Still interested to know what phantom payments would be? I'll be filing my defence come the weekend, I at least want to take it too the allocation stage and see what happens. Claimant has already claimed Court and Solicitors fees - Are there any other fees people are aware of and at what stage they would fall on me? Thanks x

Hi Dudleydog

I think FP means that sometimes they make up pretend payments to reset the clock so that the debt appears not to be statute barred

[gallahad]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

The thing to remember with phantom payments the onus is on them to prove they were actually made by you.
G

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi MissFM !

OK, thanks both. If I can find the 3 payments outgoing does that pretty much wipe the phantom payment route or is it still down to them to prove they were made/receipt? x

[gallahad]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

If you find they are true payments you are on very thin ice and risk very high costs as well as losing any credibility with the court.
G

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Thanks Gallahad - I wont be doing that then should I locate them. Ill leave to them to prove. Ive got my defence points, will see what happens at the allocation stage x

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Case dropped. Fantastic Xmas present! Yippee! Thanks for all your help guys x

[gallahad]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

great news have a merry christmas.
g:santa3: