Lowell/Carter CCJ. Barred Stature. Fictitious payments.

[Charlotte_starlet]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Quick update. Submitted my defense to court and BC - defense is - statute barred not acknowledged debt or made arrangements or payments in last 6 years. Lowells defense at the beginning was I paid £1 on 12/2/10, I demanded details of account alleged payment was made from etc, no response. Sent in my defense pack the letter from them stating that on 12/2/10 I paid £1, I sent copies of my bank statements for that month which show NO payment. Received their defense today with a statement of account showing 'payment received thank you' on 6/1/2010 - completely different date they told me! I haven't got statements for that date at the mo to look at. Not sure if this is fair - they have changed the paymebt date at the last minute! Got a court date in March which they have elected not to attend, do I reply to this? Do I request a statement from my bank and resubmit this to court? There were no account details or info on how the alleged £1 was paid, will the court accept this as paymebt proved or not? Help!

[Charlotte_starlet]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Apologies for rubbish typing and wording!

[nemesis45]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Lowell have to prove that you made the payment the £1 mystery payment is a sham used when their claims are of no merit.

The statement showing the payment is in my opinion not sufficient proof that is was made by you or indeed was made at all.
You should include a denial of the alleged payment in your defence.

It certainly looks as if this could have been falsified suddenly changing the date when told you could prove no payment was made on the original date stated,

nem

[Charlotte_starlet]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Thanks! I received their defense pack today which included the statement of account, I submitted mine last week to the court and sent a copy to BC, so can I now respond to their defense pack or do I wait until the court date? Could they simply give the account details I used when I DID make a paymebt in 2007? How can they completely prove this? Do I get a copy of my statement for that month and send it to court or take it with me as new evidence? Sorry for all the questions, I'm really unsure what to do!

[debs65]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

what has happened so far on this @Charlotte_starlet?? asking as I am in court 27 May and have had no evidence re the alleged £1 they claim I made in December 2009

[nemesis45]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Something I have used and seen used is to state that " on the balance of probabilities the alleged £1.00 payment was for a request made under sections 77-78 of CCA 1974. Puts the ball into the judges court, especially if all the claimant can say a £ 1 payment was made to someone we don't know who made or how it was made.

nem

[Sandy Ago]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Hi... I'm going through almost exactly the same scenario, only with me, Lowells/BW Legal claim a mystery payment of £20. Over the phone they said the payment was paid in April 2009 but, after I was able to disprove this, a 23 page document, totally unauthenticated but purporting to be a "statement of account" now claims the payment to be in March 2009. Incidentally this supposed statement covers several years yet only shows the one payment! Fortunately I have my bank statements for the relevant periods and can show no such payment was made. I'm just waiting for a hearing date now that my case has been passed to my local court.

[debs65]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

[MENTION=65560]Sandy Ago[/MENTION]...i got a 20+ document "statement" and NO payment was shown on mine. I have asked for proof of this alleged £1 for 5 months and in their witness statement they included a letter stating payment of £1 in dec 2009 from CRS n thats all. I have e-mailed them today demanding full proof (yet again). Have you seen how many people have been affected by these fictitious payments from Lowell/Carter?? Not just on here... I googled it and there are numerous advice sites with people saying same. How can they get away with this??????? I am in court next week and desperately trying to prove I DID NOT make this alleged £1. why the hell would I wait years, pay a one off £1 in 2009 and pay nothing since?? It has my head mashed and if time was on my side... I would put a new thread on here asking how many people had been affected by their fictitious payments- other sites have advised people to report BC/Lowell of making a fraudulent claim of payment in order to gain financial advantage-pointing out that is a criminal offence!

[nemesis45]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Deb have you asked them to identify CRS?

nem

[debs65]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

@nemesis45 ... sent email today as Amethyst helped me word. Nothing back as yet. No doubt they will concoct something to tell court and not me! Thinking of ringing court in morning to explain I have had to email them again,that I have spent 5 months demanding proof of this payment, explaining the only alleged proof I have attained is via their witness statement (addressed to me, dated 11 May 2015 but never actually sent to me) and explaining I have never heard of CRS etc.. What do you think?? Its frustrating me Nem as I know I have NOT made a one off payment.. the only £1 I have ever made has been for a CCA x

[nemesis45]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

The one that immediately springs to my mind is " Credit Resolution Services" the true ID of this entity is key!
There are others I'm sure.

nem

[debs65]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

@nemesis... that's what Amethyst said and I have googled til I am blue in face. I have never heard of them! tried to google partners of Lowell and found nothing either.when I sent CCA CPR requests I got letter (which I included in my witness statement) saying the request was been dealt with by their external partner... Fredrickson. Wonder if CRS anything to do with them????

- - - Updated - - -

[Sandy Ago]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

[MENTION=55122]debs65[/MENTION]... I can't get my head around how they think they can get away with such nonsensical claims either. I must admit I keep wondering if I've missed something obvious but then reckon they hope we will panic, stress out and give up, maybe fail to turn up at the hearing. Perhaps wishfully, I think they will wait until the last minute and then simply not proceed with their action. You're a little ahead of me with the timing but I believe you will win. The burden of proof is on them, not you, and as mentioned earlier, the balance of probabilities is on your side... I wish you good luck all the same!

I've lodged formal complaints against both Lowells and BW Legal and am certainly considering complaining to FCA, OFT and Trading Standards... also the BBC (Watchdog), my MP and the police... clearly this behaviour is far too widespread to be "unusual"... I wonder if I could obtain the 100,000 signatures required to have this taken up by Parliament???

[debs65]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

[MENTION=65560]Sandy Ago[/MENTION] - agree with all you have said. I too am thinking of informing OFT etc as this is happening to too many people. No one would make a one off payment and surely, IF they did then the DCA's wouldn't wait years to take action?

[MIKE770]

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

you use this ploy of theirs to yours/everybody elses advantage, with that situation usually leads to them eventually doing a runner and discontinuing as you let them know you are on to them with :--- prove how/when/by what method,

we use that method to get rid of them, reported years ago, you are not the 1st, but we have learnt since it is to our advantage to beat them.
they hope you or others are ignorant to their methods, and it works in some cases.