Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

This is their witness statement

- - - Updated - - -

The first picture again

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Can't seem to get the first picture not squashed up!!!

- - - Updated - - -

First picture again

[FlamingParrot]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

I don't know how that can pass as a witness statement! It goes against the very definition of what a WS should be, i.e. a statement of facts that the *witness* has, uhm.... witnessed! An employee of Mr Carter's can't possible know what the policy of the original creditor would have been, not without powerful psychic powers! The defendant "would have received a default notice at the time" REALLY? How does she know? supernatural powers again? Are they attaching the default notice as an exhibit (I don't see it mentioned)? Finally, the last paragraph reads more like an application to strike out the defence than a WS. :confused2:

The most significant part are the alleged statements, because they would show when the last payments were made, although with overdrafts the clock doesn't start to run until the bank issues a formal demand. Any idea when that was (apologies if I asked this question before, it's been a while)?

[nemesis45]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Can't seem to get the first picture not squashed up!!!

- - - Updated - - -

First picture again

That WS is a mess seems to be a generic template.

Carters usual statement of what "might" have been supplied
by the original creditor is nonsense.

Also I note the statement regarding " not meeting minimum
monthly payment", surely this is relevant to a Credit Card or Loan
But Not to an overdraft.

Cleary (in my opinion) this has never been reviewed by the " witnesses " superiors!

nem

[MIKE770]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Carter going to court on that witness statement!! ??????????? bet they do not!

[FlamingParrot]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Carter going to court on that witness statement!! ??????????? bet they do not!

Would be lovely to see the judge's face if it did! :grin: :grin: :grin:

[nemesis45]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Carter going to court on that witness statement!! ??????????? bet they do not!

Carter would be crass enough to try it!!
His instructions from Lowell must come form its " legal council" who should no better!!

nem

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Well no wonder they said they won't be turning up in court lol!!
so basically what they have passed off as a ws is actually a load of rubbish.
started to worry abit then, but for now I will just write and send letters to Lowell, bc and the courts saying I have no other evidence to submit
thanks everyone you a such a great help.

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

The most significant part are the alleged statements, because they would show when the last payments were made, although with overdrafts the clock doesn't start to run until the bank issues a formal demand. Any idea when that was (apologies if I asked this question before, it's been a while)?

i haven't got a clue, it's been so many years I couldn't even begin to remember, I just about remembered having a lloyds Account at all, I didn't even know it had an overdraft facility on it, I thought it was just a plain basic account where you couldn't get an overdraft.

[FlamingParrot]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

i haven't got a clue, it's been so many years I couldn't even begin to remember, I just about remembered having a lloyds Account at all, I didn't even know it had an overdraft facility on it, I thought it was just a plain basic account where you couldn't get an overdraft.

Could it be that it was, in fact, a basic account and the overdrawn balance is fully made up of charges? I had an account like that, no O/D facility but when I stopped using it they just piled on the charges on top of more charges, then unauthorized O/D charges, etc.

[FlamingParrot]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Well no wonder they said they won't be turning up in court lol!!
so basically what they have passed off as a ws is actually a load of rubbish.
started to worry abit then, but for now I will just write and send letters to Lowell, bc and the courts saying I have no other evidence to submit
thanks everyone you a such a great help.

It is!

A WS is not a statement of what Mr Carter thinks could have been the case, nor is it an application to the court. It's meant to be your own account of certain facts and your understanding of them. Just picture that witness on cross-examination: "so you say the original creditor would have sent xyz documents to the defendant, have you ever worked for X Bank? More to the point, were you working for them in or around xxx/20xx when the defendant opened the account?" "No, Sir". "So how would you know what they would have sent?". :mmph: I have been cross-examined about my own WS and it wasn't pretty even when mine was professionally drafted by my solicitor and didn't include any extraneous nonsense like that.

[nemesis45]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Well no wonder they said they won't be turning up in court lol!!
so basically what they have passed off as a ws is actually a load of rubbish.
started to worry abit then, but for now I will just write and send letters to Lowell, bc and the courts saying I have no other evidence to submit
thanks everyone you a such a great help.

I would be very surprised if a district judge would give credence to that WS there are so many mistakes as to make it nonsense!!

One could build a rebuttal to every part of it and use it as a " skeleton" argument.

nem

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Could it be that it was, in fact, a basic account and the overdrawn balance is fully made up of charges? I had an account like that, no O/D facility but when I stopped using it they just piled on the charges on top of more charges, then unauthorized O/D charges, etc.

This sounds entirely possible in this case as limited as my memory is to the account I wouldn't have even requested an overdraft as I know I would forever be living in an overdraft.

[baby_bernie88]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Sent a letter to the courts, Lowell and bc stating I won't be submitting any extra evidence etc.
so I guess now I just wait till my court date which is the 3rd August.

[nemesis45]

Re: Court Claim - lowell portfolio/ lloyds bank/ Bryan carter - 20/01/2015

Sent a letter to the courts, Lowell and bc stating I won't be submitting any extra evidence etc.
so I guess now I just wait till my court date which is the 3rd August.

Yes it's all you can do, that WS of theirs is horrendous!!

nem