Lowell Portfolio proving a debt is not statute bared?

[Nibbler]

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

Difficult to say how a judge will approach it. Seen some dismiss cases for small things, and then seen some where there is virtually no evidence of the debt, or glaring breaches of s78/9, 127(3) CCA, and the judge just says they don't care and that you "owe" so must pay.

Judges are a lottery, as has been frequently said.....

[Gorang]

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

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.

DONE but can't get it to upload into a post as it is 15.5MB and the site only allows 4.5MB

Ame what is the email addy again and I will email it to you from my business email account

[Amethyst]

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

They will have to explain why they didn't attend the previous hearing etc ... presumably they have done that in the set aside app to the satisfaction of the judge else there wouldn't be a hearing... so they explain that away then 'evidence' payments within the last 6 years (from when the claim was bought) and get the judgment set aside .... you then have no defence and would be down to making an offer to pay on the full debt claimed for. If you feel happier fighting on then we'll try help all we can but it is likely to carry on a bit and you'll need to apply for adjournment to get together the statements etc. regarding st offering to pay in court if they got the set aside ... yes you can but it would the full debt amount with court fees and sols cost and you'd have a ccj ... unless you paid it within a month. I don't know your financial situation , home ownership etc, so only you can decide. I can only say what I feel will be the best outcome for you.

Some others may have different thoughts so have a think about it overnight/tmw morning xxxxx

[Amethyst]

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

DONE but can't get it to upload into a post as it is 15.5MB and the site only allows 4.5MB

Ame what is the email addy again and I will email it to you from my business email account

Thank you, you are a star xx. Admin@legalbeagles.info ... I'll have a look through in the morning xxx

[Amethyst]

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

Difficult to say how a judge will approach it. Seen some dismiss cases for small things, and then seen some where there is virtually no evidence of the debt, or glaring breaches of s78/9, 127(3) CCA, and the judge just says they don't care and that you "owe" so must pay.

Judges are a lottery, as has been frequently said.....

Agreed, and I'm not a gambler on other peoples behalf I'm afraid. Could get a wonderful judge who hates that they didn't go to the last hearing or submit this evidence in response to the SB defence.... but could also get a judge who thinks any SB or CCA defence is a debt avoidance game....

[Gorang]

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

Thank you, you are a star xx. Admin@legalbeagles.info ... I'll have a look through in the morning xxx

That's it sent and is entitled "Upside down printout"

[Gorang]

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

Sorry it hasn't worked I just checked it from the sent email, as it has saved the PDF in its original state UPSIDE DOWN

When you open the PDF click "view" then click "rotate" then repeat that will allow you to view the correct way up

[Nibbler]

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

Agreed, and I'm not a gambler on other peoples behalf I'm afraid. Could get a wonderful judge who hates that they didn't go to the last hearing or submit this evidence in response to the SB defence.... but could also get a judge who thinks any SB or CCA defence is a debt avoidance game....

Yes. Not trying to frighten the OP, but just say that "justice" as we see it not always done.

One thing I would say is that if you have a legal threat then get on the forums ASAP, whatever site. Get help. Don't wait until you are in court in a few days. No offence to the OP, but that is too late for us to help in many cases. You will be in damage limitation territory rather than help mode.

[CleverClogs]

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

Could get a wonderful judge who hates that they didn't go to the last hearing or submit this evidence in response to the SB defence.... but could also get a judge who has his head up his arse and so thinks he is above the law.

I've fixed your post for you.

[justjust]

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

Yes. Not trying to frighten the OP, but just say that "justice" as we see it not always done.

One thing I would say is that if you have a legal threat then get on the forums ASAP, whatever site. Get help. Don't wait until you are in court in a few days. No offence to the OP, but that is too late for us to help in many cases. You will be in damage limitation territory rather than help mode.

lol i thought i was doing that here... and i am in court in 2 days....

[justjust]

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

would anyone here have an idea on why the balances on the statement rise and fall for no apparent reason???

[Nibbler]

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

lol i thought i was doing that here... and i am in court in 2 days....

Excatly. Not critisising you, but making the point for anyone who might be reading. Get help early, and don't wait until court is imminent.

[Amethyst]

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

In the early years (2000-2004) the statements do not show the amount paid/interest applied etc although presumably the card was being used.

The balance rises and falls in a similar pattern to in later years, minimum payment increases for a couple months, then is paid up, then in Aug 01 the whole balance is paid off and the account is in credit for a few months, until Jan 2002 - so presumably Christmas spends.

Then back to the pattern of minimum payments every couple months, paid off again in Jan/Feb 2003, rises a bit as wasn't paid off fully (left a couple quid on so interest/charges etc) then paid off Sept 2003 again.

Big spend in April & May 2004 which took the balance over limit, missed a couple payments then paid off in full again (August 2004)

Big spend in Oct 2004 and couple payments missed increasing the balance (there'd be overlimit fees/late payment charges plus the interest added) Paid off around £500 in Jec 04/Jan 05 , then back to pattern of pay one miss a couple etc.


To make it make sense look at the Minimum Payment Due of the month before a reduction in balance, and the balance reduces by around about that much (when paid)

When you get to May 2006 they start listing the payments and interest so it is easier to read. The Debit Card payment made is usually about the minimum payment due on the previous statement.

And I went through the rest yesterday, which follows pattern wise perfectly right up to November 2007 when payment stopped and the account was left gaining interest and late payment charges until July 2008 - looks like interest and charges stopped then - the minimum payment due accrued over the next year until Sept 2010 when it matched the entire balance due (£1913.40) then it's just sat there waiting for Lowells.

Hopefully something will jog memories anyway if you read my ramblings....and you'll have a better idea if the statement is true or fabricated.

[Gorang]

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

Sorry justjust I didn't twig that it was today that you had the hearing until I heard from FP tonight (old age is starting to affect my memory I think)

How did things go???

Did you ask for an adjournment so you can get your SAR fulfilled???

If you did, then did you get it???

Your very welcome to PM me if you would rather not post the outcome on the forum

I hope things went well for you???

[Nibbler]

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

Any updates?