Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

[Amethyst]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

I make it £1447.52 too xx

The court have told me to serve documents by 4pm on 28/10/15 or they will automatically enter judgement in favour of the claimant.

In that case you need to file and serve your witness statement.

You have the PPI issue ( was that included in your defence ), the DN issue, the incorrect amounts

Have we got a copy of the WS on here?

Lowells/Carters provided a copy of the CCA, Statements showing the account was used, A Default Notice, A statement of default, letter of assignment. The witness statement acknowledges a typo on the initial claim re date of assignment
Served to me at the last possible moment before the end of the 14 days before court time limit

The reconstituted agreement is the same one that Capital One originally sent me, i.e: the one they made up and signed (I never completed a credit agreement. I have the originals in my file.

Have we got copies of the CCA on here ? Do the actual terms vary from the original? Have you compared them word for word?

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

I make it £1447.52 too xx



In that case you need to file and serve your witness statement.

You have the PPI issue ( was that included in your defence ), the DN issue, the incorrect amounts

Have we got a copy of the WS on here?





Have we got copies of the CCA on here ? Do the actual terms vary from the original? Have you compared them word for word?

Nope, I don't have a scanner so copying up is rather difficult.

Im trying to be pragmatic here.

!) I can show errors, but is that really enough to make the witness unreliable? or will the typos (date and he/she) be recognised as such, and the maths be taken to be a typo, so that they say thanks for the extra
Carters say they won't be representing themselves and will let the documents speak for themselves.

2) How can I show that the CCA is fabricated. I f i show the original plan k one then I am showing that I have documents from cap one and an account...

I am seriously considering an offer or a tomlin agreement so I don't go to court. This is seriously affecting me - I have a history of depression and this is making me shake/physically sick/ unable to sleep etc etc.

I don't want to back down but it might just be the right thing for my mental health,

Now I sound pathetic!

[Amethyst]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Well if you compare the original and the copy, look for different terms rather than typos - if it is different ( interest rate / default charges etc etc ) then you can plead positively that that is not the original agreement. If Carters won't be attending then you do have the Judges ear and thus the advantage.

You don't sound pathetic at all, court isn't for everyone and you have to do what you feel is best for you. If this is affecting your health then making an offer to pay by installments under a consent order will bring things to a settled state quicker than going through court. Or you could try and ask a solicitors firm to help you deal with the rest of the claim - if the original CCA doesn't match the reconstruction then your case is much stronger - that is in content, not in layout. Might be worth seeing if you can have a chat with someone like Paul Tilley at Howlett Clarkes - they do take cases on a conditional fee arrangement - it is a bit late for the hearing on the 30th though - if you can get your documents over to him, and summarise the issues PPI/Charges etc, he might be able to advise whether you are better settling or continuing.

A photo with your phone or a digital camera are usually good enough quality to check things out.

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Good Morning All

Thanks to Amethyst, I spoke with Paul @ Howlett Clarkes yesterday. he has very kindly sent some words for me to use. And he gave me a pep talk, I believe I actually could win. I have a good chance. There I've said it.

So, I've done everything. I need to walk to the post office at 11, so can anyone say if they feel this is a bit strong, and maybe suggest a better form of words?

" I submit that the Claimant’s witness has made several errors in their witness statement and call into question the reliability of the Claimant’s witness."

I found 3 errors, that plus the lack of signed credit agreement......

Thanks

Chris

[Amethyst]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Great to hear xx

Possibly which instead of and ?

I submit that the Claimant's Witness has made several errors in their Witness Statement which call into question the reliability of the Claimant's Witness.

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Thanks Amethyst

Do I meed to put a cover letter with the witness statement and exhibits when I send it to the court?

Chris

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Its all gone. Signed, sealed and delivered. So its in the lap of the gods now.

Maybe they will withdraw prior to the hearing. Maybe not.

But I will attend, I will do my best. I have the right to defend myself and to be heard. It is very daunting, but I will do my best, and I will state my case.

A lot of people seem to read these posts, so I'd say to anyone else in the same boat, "Do your best and don't be afraid to stand up for yourself".

I promise I'll update this with the outcome, however it goes.

Be strong

[Amethyst]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Fingers crossed xxx It is very daunting, but honestly when you are there you will wonder what you were so worried about xx

Sorry I missed your post about the cover letter, it's polite to, but not necessary. Have you sent a copy to the other side too ?

[Kati]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Good luck xx

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Hello all

re : witness statement... Sent to both sides with exhibits and a covering letter saying also filed with other side.... So they both know they both have it. Sent special delivery £7.25 each. Blooming heck!

and then I had an email from Carters. See below

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

When I was talking to Paul from Howlett Clarkes we quickly sent off a without compromise offer. Sent by email and I also put a hard copy in the post.

My text:
"Without Prejudice Save as to costs

Dear Sirs,

Re Lowell Portfolio I v The Amazing Me

I have now had the opportunity of considering your witness evidence ahead of the trial. I am of the view that your claim is unlikely to succeed, not least because there is no signed credit agreement between the parties. I hold in my possession the original credit agreement which I did not return to Capital One , therefore the document that you have provided is not in my view an accurate copy of the agreement.

Having taken a commercial view on this case, I am prepared to put forward an offer of settlement, notwithstanding the points I have raised above I am prepared to offer the sum of £500 in full and final settlement of the Claim.

I have taken legal advice from a firm of solicitors who have advised that the PPI may be recoverable and Default charges are irrecoverable as they are unfair penalties, accordingly if settlement cannot be achieved then I will instruct solicitors to attend the trial and argue on my behalf that the credit agreement is unenforceable and also shall seek a refund of the penalty charges and PPI. I trust however this will not be necessary and that this matter can be drawn to a conclusion amicably

Yours sincerely

The even more amazing me"

they have sent sent the following, BEFORE they received my witness statement and exhibits which should arrive in the next hour or so.

"Dear the amazing and now frankly the fairly initimidating you

‘Without Prejudice Save as to Costs’

Thank you for your email.

We confirm our client is unable to accept the offer you have made of £500.00 in full and final settlement. The minimum amount our client can accept in full and final settlement of this debt is £742.41.

This offer will remain open for a period of 28 days. If you are not able to take advantage of this offer, if you are not able to take advantage of this offer, then you will need to come to an arrangement with us to repay the full outstanding balance by instalments.

Our client intends to proceed with the Claim and we have informed you under separate cover in this regard. Our client is however willing to enter into ‘without prejudice’ negotiations to settle this matter by way of Tomlin Order. If you wish to discuss settlement on this matter, we should be grateful if you would contact our offices.

We should be grateful if you respond by 10 November 2010 with payment proposals.

Yours sincerely

Bryan Carter Solicitors LLP"

copied exactly, word for word.

So they don't seem to realise that the court date is Friday. What I don't quite have my head around is.....

if the court hearing goes ahead and the judge finds in their favour at around £1400, can I then settle immediately at their offer amount of £742.41? They indicate that their offer is open until 10 November.

or

is it the case that I either settle now at £742 or take my chance in court for double or nothing? (I.e. I pay the full amount or I pay nothing and get costs, which are mounting )


but but it is interesting that they refer to a Tomlin order. I have never suggested that to them. Only on here.

TTFN

Chris

[Amethyst]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

is it the case that I either settle now at £742 or take my chance in court for double or nothing?

Yes.

Once they have judgment they will not accept a reduced settlement.

Basically, if you don't want to risk court, then you need to pay a lump sum of £742 ( AFTER getting tomlin order in writing etc ) and have the case discontinued.... or negotiate installments for the full £1400 odd over X months under a tomlin order, and have the case stayed until it is paid.

[Amethyst]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

On the post issue - don't worry xx

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Thanks Amethyst on both replies, very reassuring.

im here just checking over things, checking things, looking at others victories to gain some feel good power

today is is the day. And strangely I feel ok. So I'll be off in a minute and let you know how it goes a bit later on.

thanks everyone for your help so far, each reply is like a pat on the back. It gives a sense of solidarity and a little bit of self worth. Whatever will be will be. But I know that whatever it is, I can face it. Head on

[Nibbler]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Fingers crossed for today. Good luck.