***WON*** debs65

[nemesis45]

Re: debs65

All I am trying to do is look at this as it will seem to the judge when confronted with the claimants statement that the alleged debt is not statute barred, they have a statement produced by Lowell ( suspicious??) showing that allegedly they had received a payment of £1 from "CRS".

What has been requested is proof that a £1 payment was made, this statement Lowell claims proves such a payment was made.
Lowell claim said payment was made After they had acquired the debt.

This is what must be refuted but I'm stuck as to how this is to be challenged without knowing who or what CRS is.

One way to find out is to ask Lowell.
Yes you have all your letters regarding requiring proof of payment Lowell claims the statement of 11/05/15proves the payment, what I ask can I put forward to refute the validity of Lowell's claim??

Answers:

No knowledge of CRS.

Only Payment ever made was a CCA request. Carters response will be, who was the CCA request sent to?

The defendant believes the alleged payment was invented by the claimant with intent to deceive the court.

That's as simple as I can make it Deb.

nem

[debs65]

Re: debs65

some of the many letters to BC and Lowell, included in my witness statement state..."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."

No proof. Yes the statement is suspicious as its dated same day as their witness statement, addressed to me but I never got it in post! I will email BC and Lowell but doubt I will get anywhere when I haven't in 5 months!!

- - - Update

[nemesis45]

Re: debs65

Good morning Deb,

A document that the claimant intends to rely upon in court can be challenged on the content,
so Lowell prepared this " statement" and must explain who or what CRS is.

Without knowing the detail the defence remains as the " debt is statute barred" and the belief that the payment statement is " "fabricated " as no such payment was made.

nem

[debs65]

Re: debs65

Morning [MENTION=29921]nemesis[/MENTION]. thanks for your post. Should I email BC and Lowell or wait til I go to court to challenge this alleged payment? It's hard knowing what to do for the best! Thanks and again... SORRY FOR BEING A PAIN

[nemesis45]

Re: debs65

Hi Deb,

e-mail the Lowell guy who signed of that statement showing the " CRS" payment.

I've been looking through possibilities on the acronym " CRS" possible Credit Resolution Services, but Lowell claim this payment was made After they acquired the debt, possibilities > a CCA request made to CRS not complied with and payment allocated to the account, this is not an unusual scenario.

Looking for anything to counter this " statement" so the identity of CRA is very important now.

nem

[debs65]

Re: debs65

Ok nem. Only have a info email for Lowell but will header it to him. Thanks again

[nemesis45]

Re: debs65

Happy to help Deb,

Wracking my brain (such as it is) on the CRS ID, think it's going to be crucial!

nem

[debs65]

Re: debs65

Aww bless you [MENTION=42011]Nem[/MENTION]. I have no clue who it could be either!
I still can't get my head round one thing- if an alleged payment was made, and that resets the clock, how is it not on any of my credit reports??

[debs65]

Re: debs65

[MENTION=42011]Nem[/MENTION]esia or [MENTION=6]Amethyst[/MENTION]... Please can either of you help me word email to Lowell re the CRS payment. Been having bad panic attacks over all this n with no sleep ontop I just can't think straight. Don't worry if you haven't time- will wing it x

[Amethyst]

Re: debs65

You want to be writing to the solicitors rather than Lowell. Keep it light - rough draft ?


Dear Bryan Carter Solicitors

Ref: Claim XXXXXXX Lowell Portfolio v Debs65

I am in receipt of the Witness Statement of Simbiso Bikwa in preparation for the hearing in this case on xxxxxxxxxxxxxx 2015.

I have a query which I would be grateful if you could answer. As you will be aware the main part of my defence is that this debt is Statute Barred. No payment nor acknowledgement to the account has been made since xxxxxxxx and I am completely certain that I have not made a payment of £1 to either the original creditor nor Lowell in 2009 as alleged.

I have no record of the alleged payment leaving any of my accounts. Could you please tell me who CRS are, as I do not know - I have searched online and found a company called Credit Resolution Services, but I have never had any dealings with this company. If the Claimants were assigned the debt in xxxxxxx I am uncertain how a payment could have been made in in xxxx 2009 to a different company.

I am sure you are aware that the burden of proof lays with the creditor in a situation where a debt is claimed to be statute barred, and I do not believe you have evidenced that the alleged payment was made by me, to CRS, or to Lowell, and will bring this up with the Court. I would therefore be grateful if you could tell me the method by which the alleged payment was made and give me some more detail on who CRS are, and their relationship with the Claimant, so I can investigate further.

I appreciate any further clarity you can bring to this matter.

Kind regards


Debs65

[debs65]

Re: debs65

Wow [MENTION=6]Amethyst[/MENTION] - that's brilliant! Thank you so very very much Hun- you're a star xxxx

[debs65]

Re: debs65

Just thinking [MENTION=6]Amethyst[/MENTION] ... I don't know procedures so can I ask please if, after parties have submitted witness statements, can they submit further evidence? Asking as .. If I email BC as above I am worried they ignore my request for info re the alleged payment but supply info to the court

[Amethyst]

Re: debs65

If you don't want them to supply evidence to the court then don't ask them for it - just argue your point at the hearing - or do a skeleton argument to submit in advance. If they do supply evidence of a valid bonafide payment to you, or to the court now, then you are looking at a negotiation to settle. If you go into court as it is you are then arguing against their 'evidence' of the payment but making a positive assertion that you have not paid nor had any dealings with a company called CRS and you do not know who CRS are. Then it is down to the Judge whether he believes you or them really. Making them produce evidence now, if it exists, would save you going through that.

[debs65]

Re: debs65

What do you mean by skeleton argument to submit in advance @ Amethyst? Re read your post n it's not sinking in! Told you I can't think straight! Should I , in a nutshell, email or just wait til court? Sorry- lack of sleep and food and panic attacks has my head all over place xx

[debs65]

Re: debs65

just checked updates on credit reports. last one renewed today... still nothing on!