***WON*** debs65

[nemesis45]

Re: debs65

Personally I would write to remind them that as yet no unequivocal proof of the alleged payment has been provided and that you still consider that the debt is statute barred and that you do not accept any liability.

nem

[debs65]

Re: debs65

THANKYOU nem

[nemesis45]

Re: debs65

THANKYOU nem

Happy to help:tinysmile_twink_t2:


nem

[debs65]

Re: debs65

[MENTION=29921]nemesis[/MENTION].... did as you advised and posted letter 9th.still no proof of alleged £1 or answer to questions I raised about no mention of payment in statements. e-mailed court asking status of case week ago -pointing out my continual requests for documents to BC/Lowell and got this in response yesterday...
"Thank you for your enquiry,
Your case has been moved on to our mediation team but our records do not show any progress since then.
I have logged the query and the case will be transferred to the local court to deal with. You should receive a letter shortly confirming the transfer and the name of the local court."

sorry but I have no clue how to read this e-mail. have I pushed things forward for the better or made things worse? As the court takes a week to reply I would welcome any advice please x

[debs65]

Re: debs65

any advice please????

[nemesis45]

Re: debs65

Hi, looks like the small claims mediation team is expecting some I put from both Lowell and your self and Lowell is not responding which is common as they will soon state that no resolution has been possible and then continue to court.

To Lowell by e-mail and/or post.

Ms Sara de Tute
Legal Counsel
The Lowell Group

I have been advised that the Claim No.xxxxxxxxxxxx, has been referred to the Small Claims Mediation Team and Lowell has not responded.

My request for Lowell to prove the origins of the alleged £ 1.00 payment has also gone unanswered therefore it would appear Lowell cannot justify this claim and I suggest Lowell now withdraws the claim.

yours etc.

[debs65]

Re: debs65

thankyou [MENTION=29921]nemesis[/MENTION]. not heard anything from court since N180 posted early January. cant give input if I have had nothing from court/mediation. will do as advised n send as you advised as BC still have not sent proof of alleged £1. Thanks again x

[debs65]

Re: debs65

[MENTION=29921]nemesis[/MENTION]... still heard nothing from court but just checked my new monthly credit fileand there is a search from Lowell stating Administration Review. What does this mean??

[nemesis45]

Re: debs65

Hi debs, Lowell checking up to see if you have suddenly come in to money, opened a new credit account etc.
This is only seen by you.

nem

[debs65]

Re: debs65

appreciate all your help/advice and support [MENTION=29921]nemesis[/MENTION]. Thankyou ! Bc nor Lowell still not sent proof of this alleged £1 and no reply from ms de Tute which I sent along with your previous advice. As soon as I hear from local court, do you think I should ring and explain BC and Lowell have not sent me any information re this case (ie non compliance of CPR, no actual default date, no actual proof of the alleged £1 etc..). asking as.. how can I build a defence with no information?? this has gone on too long now as been no progress for months. continually banging your head against a brick wall gets to you sometimes!!!

[nemesis45]

Re: debs65

Hello Deb,
When the court sends out documents fill in and send back ( come back to the thread if you need help).
No CCA request complied with means debt is unenforceable until it's produced.
The standard CPR31.14 reply " small claims" track etc., a get out statement used by solicitors for rent to the debt collection industry.
It would be well worth phoning the court on Monday to see what's happening, possibility the claim is stayed.

nem

[debs65]

Re: debs65

HI [MENTION=29921]nemesis[/MENTION]. Got Notice of Allocation to small claims track (hearing) today. hearing 27th May. Says case suitable for mediation and says preperation for hearing bit. How can I mediate on this when they have supplied me with nothing I have requested let alone do a statement???? they did not comply with my CPR request, have failed to send proof of the alleged £1 after the statements they sent showed no such payment, they have failed to state default etc. etc. this has got me round the bend:tinysmile_cry_t::tinysmile_cry_t::tinysmile_c ry_t:

[debs65]

Re: debs65

[MENTION=29921]nemesis[/MENTION].. e-mailed BC and Ms de Tute explaining my contacting the court (post#64 )and reminded them I sent the following...
In response to your letter dated 22 December 2014 stating the last payment paid to the account was £1 on 1 December 2009-stating your client believed the account is not statute barred, I wrote to you on 2nd January 2015 stating the following:
"Regarding the alleged £1 payment in relation to the account on 1 December 2009, I demand unequivocal proof of the payment including but not limited to:
Cheque Payment. Name of Drawer, name of bank, account number and sort code, date allegedly paid..
Postal order. PO Number, issuing post office ID, date on PO, date cashed.
Debit/credit card Visa/MasterCard, 16 digit care number, 3 digit security code, issuing bank/provider, transaction authorisation code, date of payment.
Bank transfer: Payment over counter: Date, method of payment, bank to which payment."
Today I have received "statements and agreements" from you for my information.
Looking through the statements, from 22/09/06 the balance on the account stood at £628.72. The account was assigned to Lowell on 19/12/08 where the balance was £628.72. the statements only go up to 22/06/13 and the last entry states balance remains the same... £628.72.
There is NO £1 payment shown on these statements.
As the only £1 payment I have ever made in my life has been for a CCA request to Lowell /associates, once again I demand the afore mentioned unequivocal proof of this alleged payment. I also require you send me the following information:
1) which of Lowell's associates held the account when the alleged £1 payment was made
2) when you claim the default date was
Incidentally, you failed to comply with my CPR31.14 request-which was sent to you and Lowell by recorded delivery on 5th November 2014.
I trust you will give the afore mentioned matters your immediate attention.
Sincerely XXXXXXXXXX"

and that you had not responded.
My continual requests for information have gone unanswered. You and Lowell have made it impossible for me to create my defence due to lack of information.
My request for Lowell/Bryan Carter to prove the origins of the alleged £ 1.00 payment still remains unanswered therefore it would appear Lowell cannot justify this claim and I suggest Lowell now withdraws the claim.

As my last letter was sent 6 March(all letters to you/Lowell are sent recorded delivery or with proof of posting), you have had ample time to provide this information.lf you do not prove the origins of the alleged £1.00 payment, supply a default date nor provide any of the information previously requested within the next few days, I will ring the court to explain that you have still failed to supply documents, thus hindering my defence.

I trust you will give this immediate attention.


I got this today......
We confirm this claim has now been allocated for a Final hearing listed on the 27 May 2015 atxxxxxxxxxxxxxxxxxxxx
We confirm we will comply with the directions set out by the Court.
We recommend you seek independent legal advice.

WHAT DO I DO NOW????? clearly they have no intention of supplying me with proof of this alleged £1 nor a default date or any other information. They are hindering my defence surely? Should I ring the court ? Please advise. I really cant cope with this right now. I have just lost a really close friend at the age of just 45 and any day now could lose a beloved relative who is gravely ill. THANKYOU IN ADVANCE

[debs65]

Re: debs65

@ nemesis. please reply to my last posts. got thisemail reply today today and I am struggling
this matter has been allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

[MIKE770]

Re: debs65

@ nemesis. please reply to my last posts. got thisemail reply today today and I am struggling
this matter has been allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

Their usual we are not going to reply missive, keep that letter nem be here soon