***WON*** debs65

[Amethyst]

Re: debs65

Send the email....see what they reply..... let us know and we'll go from there.

A skeleton argument is basically giving the court your arguments for court save you having to say everything ........ the court can read that before hand and then just ask questions etc, rather than you having to state it all in person.

You'd send that in 2/3 days before the hearing but your witness statement says most of it already, just we could do with picking up some of their points in their witness statement back and a skel argument is useful to do that.

[debs65]

Re: debs65

[MENTION=6]Amethyst[/MENTION] . 4 days on and BC haven't replied to my email. Not even a standard response. Was worried they may just send info I requested to court but rang court and they said they would have to send also to me. Should I send another email or will it go in my favour if I inform the court when I go that they haven't evidenced this payment which I have continually demanded 5 months. The clock is ticking so won't now have time to do skeleton argument you advised. What points were you referring to in their witness statement? I'm starting to panic now as it's so close to Wednesday! Thanks Amethyst x

- - - Updated - - -
[MENTION=6]Amethyst[/MENTION] . 4 days on and BC haven't replied to my email. Not even a standard response. Was worried they may just send info I requested to court but rang court and they said they would have to send also to me. Should I send another email or will it go in my favour if I inform the court when I go that they haven't evidenced this payment which I have continually demanded 5 months. The clock is ticking so won't now have time to do skeleton argument you advised. What points were you referring to in their witness statement? I'm starting to panic now as it's so close to Wednesday! Thanks Amethyst x

[nemesis45]

Re: debs65

Deb,
Might be better to send by signed for post.

I noticed this morning on a Carter letter that it states " Bryan Carter LLP does not accept service of documents by e-mail" so I guess they are being pedantic again.

nem

[debs65]

Re: debs65

Well they replied in past! Prob too late to send in post now [MENTION=29921]nemesis[/MENTION] as it's a bank holiday weekend. I won't get anything back in time now. Great !!!

[Amethyst]

Re: debs65

You can get a skeleton into court anytime really - day before the hearing is fine, if that's what you wanted to do. Just basically putting your legal arguments in writing and giving the judge chance to read it before the hearing. Otherwise just argue your point on the day, that you did not pay CRS and that no evidence has been provided of that mysterious £1 payment at all, the onus of proof is on the creditor in a case of a statute barred debt and the statement they have provided is by no means evidence....that you do not know who CRS are, and you don't know why or how you would have paid £1 to CRS if Lowell owned the debt, you certainly have no record of it. ( if you have your 2009 bank statements for that date take them with you to court)

[debs65]

Re: debs65

Never had bank account [MENTION=6]Amethyst[/MENTION]. Stayed in building society. What points did u want to pick out from their statement? X

[debs65]

Re: debs65

[MENTION=29921]nemesis[/MENTION]... just gone through all previous emails to BC questioning the alleged £1 and they have always sent back this..."We confirm we are taking further instructions from our client in regard to the last payment received towards the account in the sum of £1.00 on the 1 December 2009 and will revert to you in due course."
So they do reply when it suits! too late to post now and [MENTION=6]Amethyst[/MENTION] too late to get skeleton info to court due to bank holiday. I am just going to have to wing it and hope the judge listens to me! Starting to get very scared now! I have evidenced my continual requests for proof of this alleged £1 for 5 months to the court, evidenced that I agreed to mediation and after months of hearing nothing emailed the court as to why I had heard nothing for months-that they said Lowell had not responed and, because of my intervention, pushed things forward etc.. So I feel I have shown the court all I can. I have many points I need to state to the court- I am trying to make a list of them now- I just hope they will allow me to plead my case!! may need bit help before Wednesday.. when list done will get back on here but Amethyst.. really need you to help me with these points in their statement you think need addressing. Thank you all . I am bricking it big time and my nerves are at breaking point. truly do not know where i would be without this site.. especially thanks to Nem and Amethyst xx

[nemesis45]

Re: debs65

It is imo a quite strong position Debs,

Lowell have failed /refused to disclose the origin of
the payment leaving you at a disadvantage as to
rebuttal.

Good luck,

nem

[debs65]

Re: debs65

thanks @ Nemesis. What is imo??? only have tonight and little bit time tomorrow to prepare. I am bricking it now. For someone of a nervous disposition who this matter has made ill for 8 months I have found a bit of fight in me .. mainly because of how so many lovely people on here have been affected by the way BC/Lowell conduct their affairs and their fictitious payments.
sent email to admin as Amethyst said there were points to pick up in their statement...

"read and re-read BC's witness statement. PLEASE can you tell me points you wanted to pick up on ?
One's I am picking up.... CPR was sent 5 Nov 2014. Their defence 10.. this matter had been properly allocated to small claims track.
My defence.. notice of allocation to small claims track dated 29 Dec 2014.

Their defence 12. they sent a recon agreement. Their defence 13 whereby it states this rectifies earlier default etc..
These and the alleged £1 they have still not evidenced "

re the email I sent Monday which they have not responded to- I did ring the court and they did say if BC/Lowell did not respond to me and sent further evidence to court they had to supply me with documents. So I have still no clue as to who CRS are! Thanks for your good luck message Nem. Hopefully I will get a decent Judge who will let me plead my case and see I am being honest, telling the truth and see BC/Lowell for what they are. Massive thanks Nem for being there for me through all this. I truly don't know how I would've coped without this site and without you and [MENTION=6]Amethyst[/MENTION]. Sorry I have been such a pain and thank you for putting up wit me/understanding my worries and still being there for me and helping/supporting me. means a lot to know you lovely people are there. will never be able to thank you enough xx

[debs65]

Re: debs65

[MENTION=6]Amethyst[/MENTION]. If you have time please could you let me know what points you wanted to pick up on in their witness statement - I am in court tomorrow and need all the help I can get😂 ps- I am bricking it x

[debs65]

Re: debs65

Please @ Nemesis explain what imo is and please [MENTION=6]Amethyst[/MENTION] please tell me points to pick up on re witness statement. I am in court tomorrow and am absolutely terrified! Know what i need to say re the alleged £1 but will that be enough??? sorry but I am in mega panic mode now x

[Sandy Ago]

Re: debs65

[MENTION=55122]debs65[/MENTION]... I'm sure imo just means "in my opinion"

[debs65]

Re: debs65

thanks [MENTION=65560]Sandy Ago[/MENTION]. i feel so bad being such a pain but, for someone who is quite intelligent, my head is mashed with this. I am so scared about tomorrow xx

[Sandy Ago]

Re: debs65

[MENTION=55122]debs65[/MENTION]... Well good luck for tomorrow, I'm sure you will do well... I can't see they have any case as this matter is clearly statute barred except for the alleged payment and that claim hasn't been supported at all... the judge will surely see it for what it is.
Remember, Justice feels that it is unfair to be able to pursue someone indefinitely, that's why the Limitation Act was passed... it was designed to protect people like you from people like them!!
Wishing you well and looking forward to good news tomorrow x

[nemesis45]

Re: debs65

Hi Debs,

The court hearing " in chambers" is not as " scary" or intimidating as it sounds, you the judge and the claimants representative is all.

Listen carefully to anything the rep says take notes if you like so you can challenge a point, listen carefully to the judges questions and comments as well.

Your defence is the alleged debt is statute barred and the claimant has failed to prove that you made any such payment and you do not recognise the payment ID either.

Stick to your guns!!!

Good luck nem.