Lowell Portfolio proving a debt is not statute bared?

[Gorang]

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

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?

I really can't answer that as I really don't know what the judge will say if you don't have proof or make a request of some kind to force them to prove their print out is real

Please bear with us as we are trying to get you some help here with what you can/could do

[NotPaying]

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

Could the payments be refunds from Capital One?

[Gorang]

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

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!

I am hoping this could maybe be enough for you to buy some time on this But I will need to try and get others to advise as I really do not know what can or can't be done with appeal cases

[CleverClogs]

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

I've read they must accept a reasonable offer??

That, alas, is nonsense - Bowells may be as unreasonable as they please.

[Gorang]

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

I have sent out a SOS for some help with this for you

and if that SOS doesn't work then I will send out another SOS to someone else in the morning

[justjust]

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

I have sent out a SOS for some help with this for you

and if that SOS doesn't work then I will send out another SOS to someone else in the morning

Certainly didn't expect that! Thank you

[Nibbler]

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?

As said, decisions in the county courts are made on the balance of probabilities rather than beyond reasonable doubt. In other words, your word against theirs in something like this if no firm evidence either way, and the judge can just decide who they prefer to believe. If Lowells are prepared to put on record that they believe the payment history to be accurate, then some judges might let them get away with that. Hopefully you will get some help from the legal team here tomorrow to give you the best chance of preventing that.

[Amethyst]

What were the amounts of the payments that they say were made ?

What were the amounts of your usual payments to the card (Does their ''statement'' show previous payments)

What was the amount and date you believed to be your last payment ?

Did something happen in April 2007 that was significant in your stopping making payments on the card ?

Sadly they get away with this kind of thing all the time.

Do you have a copy of their set aside application ?

How much is the claim for (ex court costs) ?

Did you ever do a CCA request on capital one / have any old statements / agreements etc ?

(Sorry if you answered any of these Q's already)

In your first post you say '' I have contested this ''

Have you responded to the claimants / court since the set aside application ?

[Celestine]

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

When you attend court, you effectively may need to seek an adjournment to allow time for the SAR to come through. What evidence have Lowell produced? Their OWN statements; which I know from personal experience to be easily 'amendable' or have they produced copies of original creditor statements??
I seen 2-3 cases in recent months of Lowells fabricating payments.

[panther12]

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

Just a thought but is it worth checking to see if it shows on any credit reference agency and if there were any payments recorded.

[Nibbler]

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

I seen 2-3 cases in recent months of Lowells fabricating payments.

Have they actually tried their luck in court with those when challenged?

[CleverClogs]

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

I seen 2-3 cases in recent months of Lowells fabricating payments.

Is that legally permissible or could that be a criminal offence?

Did Bwyan Carter know about that, or ought he/they to have known what had been done?

[FlamingParrot]

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 hate to throw a spanner in the works, especially at this late stage, but it may just be possible that they issued proceedings in the nick of time, based on the fact that SBd is 6 years from the CAUSE OF ACTION rather than from last payment date. At the very least, the cause of action would be when you first miss a payment, i.e. usually a month after your last payment. There would be no cause of action in the days/weeks following your last payment, the creditor would have no way of knowing you will not be making the next payment. There have been lengthy debates regarding the cause of action on another site.

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?

As this is a civil court as opposed to criminal, there is no need to prove things beyond a reasonable doubt. Judges tend to believe those whose arguments make more sense. How much were those payments? You could well win if you can make a point that you wouldn't have made those alleged payments for whatever reason, for example, why would you pay on both the 21st and 29th of November 2007? :noidea:

[CleverClogs]

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

why would you pay on both the 21st and 29th of November 2007? :noidea:

To celebrate birthdays among the staff at Bowells, of course. :grin:

[justjust]

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

What were the amounts of the payments that they say were made ?

What were the amounts of your usual payments to the card (Does their ''statement'' show previous payments)

What was the amount and date you believed to be your last payment ?

Did something happen in April 2007 that was significant in your stopping making payments on the card ?

Sadly they get away with this kind of thing all the time.

Do you have a copy of their set aside application ?

How much is the claim for (ex court costs) ?

Did you ever do a CCA request on capital one / have any old statements / agreements etc ?

(Sorry if you answered any of these Q's already)

In your first post you say '' I have contested this ''

Have you responded to the claimants / court since the set aside application ?

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
...........