Lowell Portfolio proving a debt is not statute bared?

[CleverClogs]

Re: Lowell Portfolio proving a debt is not statute bared?

Greedy buggers!

[MissFM]

Re: Lowell Portfolio proving a debt is not statute bared?

The more i think about this and the after having a talk with my wife, we don't think actually that i actually made any payments at all. i have had some serious chemotherapy treatments in 2012 and my memory really is not the best!!
i have made the statement available for you to download so you can see for yourselves, and actually its a very poor effort of a statement i think..... the balances go up and down and up and down some more but there are only 6 entries of payments made! The more i think about it the im convinced i never paid anything as it was already statute barred and as they had not pursued me i just let it be! And i think??? it may have been national debtline that advised me not to make a payment or acknowledge the debt as it was unsecured debt.

The only docs i have are the court summons and their witness statement.

i did send the following email yesterday morning which includes their reply.

Statement

without prejudice

Dear ........,
Further to our telephone conversation i would like to ask you if you have been able to get the proof of bank statement from Capital One that the funds actually came from my bank account as i said i don’t believe that the payments did and that the statement you have generated is incorrect.
I would also like to make a reasonable offer to settle this now as since late 2011 i have undergone treatment and surgery for cancer and have just last week had to go back into hospital for further surgery and it will be difficult to attend the hearing.
My offer is 20% of the debt £1913.40 = £382.68 in full and final settlement.

regards
..........

REPLY

WITHOUT PREJUDICE SAVE AS TO COSTS

Dear Mr......

Thank you for your email.

My client has not been able to obtain anything further in respect of the payment. I had advised you that this was the likely outcome in our telephone conversation. As I also advised you in that conversation however, the statements themselves are evidence that the payment was made.

As I also advised you at that time, you were free to obtain statements from your bank accounts at that time in order to satisfy yourself that you did make the payment. Could you please confirm if you have done this?

In respect of the offer, my client has rejected this.

My client has confirmed that they would be willing to accept £1,500.00 in full & final settlement of the claim. This could either be paid in a lump sum or by instalments.

In the event that the matter is settled on the above terms and you do make the payments by instalments, our client would also be willing to do this by way of a tomlin order which, once approved by the Court would serve to stay the proceedings and would therefore prevent a County Court Judgment been entered against you whilst the payments are maintained.

I look forward to hearing from you.

Yours sincerely
...........

Why are you writing "without prejudice" and how is that in your interests? To a numbskull like me it would seem to be to your advantage to have the option to produce correspondence in evidence should this come to court?

[justjust]

Re: Lowell Portfolio proving a debt is not statute bared?

Why are you writing "without prejudice" and how is that in your interests? To a numbskull like me it would seem to be to your advantage to have the option to produce correspondence in evidence should this come to court?

Simply because national debt line suggested to put it on correspondence...

[MissFM]

Re: Lowell Portfolio proving a debt is not statute bared?

Simply because national debt line suggested to put it on correspondence...

I wonder if the proper Legal Beagles on here think it a good idea? To me, it would seem to be of more advantage to such as Lowells (especially in the light of apparent evidence that they are prepared to lie, manipulate and cheat in order to obtain money), than to someone genuinely seeking a just solution, such as yourself?

[justjust]

Re: Lowell Portfolio proving a debt is not statute bared?

Does the fact the 'New Balance' fluctuates on most of the entries look normal to you on the statement even though there is no nothing paid in? and the minimum payments are all over the place too... is this how a normal statement looks?

[Gorang]

Re: Lowell Portfolio proving a debt is not statute bared?

Another quick question

Have you ever been told when the account was assigned to Lowell (apologies if you have already said this in the thread)

as the amounts on 21st and 29th of £100 and then £175.75 seem very strange for some reason, and I am wondering if these dates are around the date when the account was assigned

Also another thing I have just noticed (but I have no idea if it will make a difference to anything or not)

The account had to be terminated before the debt can be sold on, but yet right up to Jan 2013 they still show the Credit limit as being £2700.00 with the outstanding balance far less than the credit limit, which to me, would suggest that the account is still open. so I am wondering if that can be used in your favour in any way






PS thanks from me to Celestine and Amethyst for responding to my SOS I sent out last night

[Amethyst]

Re: Lowell Portfolio proving a debt is not statute bared?

Regarding the without prejudice bit - http://www.legalbeagles.info/forums/...sts-documents:) Bit of an old thread but I don't believe things have changed.

[justjust]

Re: Lowell Portfolio proving a debt is not statute bared?

Another quick question

Have you ever been told when the account was assigned to Lowell (apologies if you have already said this in the thread)

as the amounts on 21st and 29th of £100 and then £175.75 seem very strange for some reason, and I am wondering if these dates are around the date when the account was assigned

Also another thing I have just noticed (but I have no idea if it will make a difference to anything or not)

The account had to be terminated before the debt can be sold on, but yet right up to Jan 2013 they still show the Credit limit as being £2700.00 with the outstanding balance far less than the credit limit, which to me, would suggest that the account is still open. so I am wondering if that can be used in your favour in any way






PS thanks from me to Celestine and Amethyst for responding to my SOS I sent out last night

debt was transfered to Lowell 01/10/09

[CleverClogs]

Re: Lowell Portfolio proving a debt is not statute bared?

as the amounts on 21st and 29th of £100 and then £175.75 seem very strange for some reason, and I am wondering if these dates are around the date when the account was assigned

Does that mean he made those payments to celebrate the account being taken on by Bowells?

The account had to be terminated before the debt can be sold on, but yet right up to Jan 2013 they still show the Credit limit as being £2700.00 with the outstanding balance far less than the credit limit, which to me, would suggest that the account is still open. so I am wondering if that can be used in your favour in any way

When was the default notice sent and how long was allowed?

[Amethyst]

Re: Lowell Portfolio proving a debt is not statute bared?

Looks like you defaulted in August 2008 from the statements as that is when Interest/late payment charges stop ?? does that scan at all?

On statement of 14/11/2007 the minimum payment due was £275.75 which appears to have been paid in the next statement period ( on 21/11/2007) in two lots, £100 and £175.75 (which explains the figures)

If you look back through the dates and the payment amounts, it does seem you tried to keep up with minimum payment amounts where you could.

Example: Payment of 18/04/07 of £238 covers the minimum payment on statement of 14/4/07 of 237.74

Payment on 16/01/07 of £117.02 covers (nearly) minimum payment on statement 13/01/07 £177.26

It's hard reading it upside down sorry but the pattern all does fit, and you'll have a job proving otherwise without statements. Basically you missed one/two/three months payments then made the minimum payment (within a few days of the statement) over the whole of 2006 and 2007.

However what I don't understand, and maybe I need to print it out, to read properly (unless someone can turn it round the right way) is they don't show the payments at all 2000- 2005 ? - although the balance does rise and fall with the minimum payments in virtually the same pattern as in later years.


Apologies for rambling a bit, typing and trying to fathom it out at the same time, but basically there's not any discernable difference in the final payment of November 2007 from the previous two years payments pattern.

[Gorang]

Re: Lowell Portfolio proving a debt is not statute bared?

This could be a wayyyy out there idea and I'm NOT sure if there is any legal issues with what I am about to suggest

BUT

The printout that Lowell have came up with showing the dates

Is there anything on the document that prevents you from fabricating the exact same printout on your PC or Laptop so it looks exactly the same as theirs ??

What I am thinking is if you can reproduce the exact same print out (with a few numbers changed or letters inserted to replace numbers) with only a basic PC or Laptop, then you could possible show and convince the judge that, if you can fabricate the print out, then they can easily do the same, therefor you ask for the actual bank statements to be produced to prove the payments were made, as you deny that the payments were in fact made, and a print out that anyone can manufacture proves nothing, but bank statements do

BUT

Like I said I really don't know if that would be allowed by the judge or even if it would be legal, so some of the Legal Beagles on the site will need to confirm if that can or can't be done legally, or they can tell me to just keep quiet lol

[justjust]

Re: Lowell Portfolio proving a debt is not statute bared?

Does that mean he made those payments to celebrate the account being taken on by Bowells?


When was the default notice sent and how long was allowed?

No clue if there was a default notice issued, there isnt one included in the exhibit docs.....
Capital One and Lowell both wrote letters on the 10/10/09 or at least i have 2 letters in the exhibit docs. as

[Amethyst]

Re: Lowell Portfolio proving a debt is not statute bared?

My personal opinion ... and can only be my opinion based on what justjust has said and the documents presented and my reading of such ..... is that the statement is not a fabrication. Without evidence to the contrary I would be extremely careful.

Now the court date is day after tmw so anything that needs to be done needs doing tmw.

I would be inclined, for stress sake, and as there isn't a dispute over the debt, only the thought it it ,ight be stat barred, to accept the £1500 payable by installments offered and get them to withdraw their set aside application. Or counter with a mid way offer if you feel so inclined. Or even use a consent order....

Should they get the set aside then go on to get the CCJ the offer letters could possibly go against justjust with regards any costs ... eg costs of the set aside application.

Did we see the original defence entered btw...I think it was solely based on SB?

Of course you could ask for adjournment while you get a sar from cap one and or your bank but I think doing that will confirm the payments and remove the chance of a lower settlement figures without a CCJ....

Have to do what feels right for yourself and your wife xxx

[justjust]

Re: Lowell Portfolio proving a debt is not statute bared?

My personal opinion ... and can only be my opinion based on what justjust has said and the documents presented and my reading of such ..... is that the statement is not a fabrication. Without evidence to the contrary I would be extremely careful.

Now the court date is day after tmw so anything that needs to be done needs doing tmw.

I would be inclined, for stress sake, and as there isn't a dispute over the debt, only the thought it it ,ight be stat barred, to accept the £1500 payable by installments offend get them to withdraw their set aside application.

ok point taken! i still dont think i made these payments which in may 2006 i think it could have been SB but as you suggest without the statements i cannot prove it either way. If i am going to roll over for it to be less stressful, is there anything wrong in challenging the statement and ask the judge unless Lowell can prove i made the payments that it stay's SB? if she says no, i can then offer to make the payment or if she can suggest a more reasonable settlement figure to Lowell? or could i make the situation worse?
i really have no clue to how this works in court.

[Amethyst]

Re: Lowell Portfolio proving a debt is not statute bared?

Did you get a copy of their set aside application ?