Lowell Portfolio proving a debt is not statute bared?

[justjust]

Hi i have a Capital One debt that was sold many years ago to Lowell Portfolio they have me in court next week to say they have proof i made payment within 6 years. I have contested this and asked for proof the money came from my bank account as i do not believe their printed statement is true. I have been to Natwest for copies of old statements but was told as my account was closed over 51/2 years ago they cannot even find me having an account there... so im struggling to prove it didnt go from my account myself!
I have asked Lowell to provide a copy of the banking transaction from Capital One but they have said it is unlikely that they could get that as the length of time since Capital One sold the debt on. Is it reasonable for me to ask them to provide proper proof and not just some computer generated statement that could be wrong and will court see it that way also or would the court be satisfied with their self generated statement?

Thanks
J

[CleverClogs]

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

Ask those onanists when (the date) that alleged payment was supposed to have been made.

[strong123]

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

Ask those onanists when (the date) that alleged payment was supposed to have been made.

Yes, that would be interesting. I'm sure they would have to provide a date as proof in court right cc??

[justjust]

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

The staute barred date according to them would have been 29 Nov 2013 making my supposed last payment 29 Nov 2007. I believe my last payment to them was sometime in April 2007 but am unable to prove it with supporting bank statements! Proceedings were issued against me in April this year and i filled a defense stating i believe the claim was staute barred..... i attended a hearing in October to which they did not attend and i explained to the judge why i thought it staute barred and she ruled in their absence it be staute barred unless an appeal to reinstate by the claimant was received. They did apply to reinstate bassed on the submitted self generated statement stating i made payments on 18/04/07, 22/06/07, and payment 2 payments 1 week apart 21/11/07 and 29/11/07.
If i ask for them to prove those payments by Capital One's bank statements so that it shows without doubt they were made by myself and they cannot provide them, will a judge find they have not demonstrated beyond doubt i did make the payments or find that they're self generated statement is sufficient to alter the decision in the claimants favor?

[strong123]

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

The staute barred date according to them would have been 29 Nov 2013 making my supposed last payment 29 Nov 2007. I believe my last payment to them was sometime in April 2007 but am unable to prove it with supporting bank statements! Proceedings were issued against me in April this year and i filled a defense stating i believe the claim was staute barred..... i attended a hearing in October to which they did not attend and i explained to the judge why i thought it staute barred and she ruled in their absence it be staute barred unless an appeal to reinstate by the claimant was received. They did apply to reinstate bassed on the submitted self generated statement stating i made payments on 18/04/07, 22/06/07, and payment 2 payments 1 week apart 21/11/07 and 29/11/07.
If i ask for them to prove those payments by Capital One's bank statements so that it shows without doubt they were made by myself and they cannot provide them, will a judge find they have not demonstrated beyond doubt i did make the payments or find that they're self generated statement is sufficient to alter the decision in the claimants favor?

Lowell are well known for inventing payments, there was one poster on here where lowell invented a payment and the poster wasn't living in the country at the time.

Another where the payment was made in a bank a million miles away from the poster and the days the payment was supposed to have been made in the bank was a Sunday!

I'm unsure the level of proof they have to make but I'm sure someone with better knowledge will post here shortly.

[CleverClogs]

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

If i ask for them to prove those payments by Capital One's bank statements so that it shows without doubt they were made by myself and they cannot provide them, will a judge find they have not demonstrated beyond doubt i did make the payments or find that they're self generated statement is sufficient to alter the decision in the claimants favor?

They just need to prove their case on the balance of probabilities.

What date did you close your account with NatWest and about how much was in the account at the time?

[justjust]

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

Account closed sometime early 2008 I'm just not able to be that specific, having my statements would be a huge help!
in hind sight keeping them would have been a better situation....
So are self generated statements compelling enough to satisfy a court?

[justjust]

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

"Lowell are well known for inventing payments, there was one poster on here where lowell invented a payment and the poster wasn't living in the country at the time".


Would you be familiar with any if those cases that there may be threads within the forum I could read?

[Gorang]

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

I have asked Lowell to provide a copy of the banking transaction from Capital One but they have said it is unlikely that they could get that as the length of time since Capital One sold the debt on.

Did you get this in writing from Lowell???
I hope you did as they can't state one thing then appear with evidence of the opposite

The staute barred date according to them would have been 29 Nov 2013 making my supposed last payment 29 Nov 2007

They did apply to reinstate bassed on the submitted self generated statement stating i made payments on 18/04/07, 22/06/07, and payment 2 payments 1 week apart 21/11/07 and 29/11/07.

I have been to Natwest for copies of old statements but was told as my account was closed over 51/2 years ago
they cannot even find me having an account there... so im struggling to prove it didnt go from my account myself!

Have you gave Natwest a SAR request to obtain your statements???
IF not then I would get one into them ASAP

as I am assuming that you just went into a branch and asked for your statements from NatWest is this correct??
A SAR can get better results than just asking over then phone or at a branch


What date next week are you back in court????

[strong123]

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

"Lowell are well known for inventing payments, there was one poster on here where lowell invented a payment and the poster wasn't living in the country at the time".


Would you be familiar with any if those cases that there may be threads within the forum I could read?

Because I'm posting from my phone I'm unable to copy the links, sorry, but if you type in lowell in the search every post regarding lowell will come up. Go to page 2 and you'll see a post titled BW LEGAL/LOWELL FALSELY.....I think it's posted by London girl. There are also many others. Alternatively I could post the links tomorrow when I'm at my computer.

Sorry if that's not too helpful.

[justjust]

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

Did you get this in writing from Lowell???
I hope you did as they can't state one thing then appear with evidence of the opposite




Have you gave Natwest a SAR request to obtain your statements???
IF not then I would get one into them ASAP

as I am assuming that you just went into a branch and asked for your statements from NatWest is this correct??
A SAR can get better results than just asking over then phone or at a branch


What date next week are you back in court????

I didnt get it in writting no, it was on a phone call to their solicitors, their evidence that has been submited is a printout that they have printed themselves which is what im contesting. I dont know what a SAR is sorry, but yes i visited my old home branch in a hope they would hold on to records locally, is it not un common to not even have me on file at all after 5 years?
I did say next week for court but it was a typo its actually this week (thurs).
Ultimately i will try to do a deal in court if i have to, to save collecting a CCJ as i've read they must accept a reasonable offer?? i just cant get my head around companies can make up false docs to suit their needs with out being scrutinized if challenged!
Having spent the last 2 years battling cancer, i could do without the stress tbf...

[Gorang]

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

SAR request here

http://www.legalbeagles.info/forums/...ur-information

I would get this made up tonight and get the £10 Postal order tomorrow first thing then get it sent ASAP to Natwest by either

special delivery, guaranteed delivery by 1pm next working day so you can get the signature printed off royal Mails Track and Trace
or
go into a branch hand it over and get a receipt for delivery

so you have proof of postage /delivery for the court

I am unsure if you will be able to get an extension of time for your request to be fulfilled so you can prove no such payments were made, as this is an appeal, so different CPR's apply I think

I have PM'd someone else to see what is possible here for you

I did say next week for court but it was a typo its actually this week (thurs).

Your are back in court THIS THURSDAY is that correct??????
If it is then you really have not gave yourself any time to defend this, but we will see what we can do for you given the limited time

[Gorang]

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

What was the date that Lowell appealed ????
How long have you had since you received the court papers for the appeal????

[justjust]

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

SAR request here

http://www.legalbeagles.info/forums/...ur-information

I would get this made up tonight and get the £10 Postal order tomorrow first thing then get it sent ASAP to Natwest by either

special delivery, guaranteed delivery by 1pm next working day so you can get the signature printed off royal Mails Track and Trace
or
go into a branch hand it over and get a receipt for delivery

so you have proof of postage /delivery for the court

I am unsure if you will be able to get an extension of time for your request to be fulfilled so you can prove no such payments were made, as this is an appeal, so different CPR's apply I think

I have PM'd someone else to see what is possible here for you
Your are back in court THIS THURSDAY is that correct??????
If it is then you really have not gave yourself any time to defend this, but we will see what we can do for you given the limited time

Thank you for that Gordon, im on it!! you're correct though there wont be enough time to get the info before Thursday... I'm going to appear in court to try to defend myself, or not as the case maybe, but i need this to end on Thursday i have more important things to worry about like getting well
I don't want you fine people to have to go to a whole lot of work over me, so if i could just ask this, if i appear in front of the judge and tell her what i have told you and that i would like Lowell to prove i made the payments as i dont believe there self generated statement is correct and they cannot comply what is the judge likely to say?

[justjust]

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

What was the date that Lowell appealed ????
How long have you had since you received the court papers for the appeal????

Lowell sent notification of apeal to me dated 28th oct, notice of hearing dated 4th Nov and court date 19th December. I spoke with them over the phone end of Nov... i know its been left too late now i have started digging but with being in and out of hospital i have just not done anything until now, and feel rather stupid!