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

[Nibbler]

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

Any update?

[Amethyst]

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

Sorry Nibs, Saintly will update later on, he's gone for a Drink... sadly he lost, but otherwise it sounds it was quite positive ... if that's possible.

[Nibbler]

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

'Lost, but quite positive' will be an interesting update I'm sure.

[saintlyman]

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

Hello everyone, thanks for your support, messages and all that.

i lost. So I've been out to my local wine merchants for a tasting. (I need to drink for free now )

But there are some positives:

1) the judge was appreciative of the fact that both sides had completed and submitted documents, witness statements etc
2) the judge said it was nice for someone to actually turn up at these things
3) the judge referred to lowells as carrying out activity that others would fear
4) the judge thought that Carters witness statement was laughable due to all the mistakes but accepted they were honest typos
5) the judge was scathing of Carters and has not awarded costs or interest because in his opinion the matter could have been settled at an early stage if they had complied with any part of the spirit of CPR whatever (I'm forgetful here)
6) the judge stressed on 3 occasions that I was man of great integrity (I read into this that I answered honestly even if it might not be in my best interest)
7) the judge made a strange comment that his judgement was based on the witness statements and my verbal answers to his questions, and had I not been present he would have had to make some assumptions (maybe if I hadn'tturned up then I couldn't have said the wrong thing.)

THEN HE MADE SOME INTERESTING STATEMENTS
* he accepted that I did not sign a credit agreement
* he accepted that signed credit agreement supplied by Carters did not have my signature
* he states that because I received the agreement and the card that I was aware of terms and conditions.
* he said that he could nowhere find whether the court had the power to make an application of enforcement of an improperly executed credit agreement when the claimant wasn't there to ask, but he did assume that power to make the request on their behalf
* then he said I could only appeal if he had made a mistake in law and that If I chose to appeal, but he wasn't giving advice, to do so within 21 days. Then he explained about appeals and said he thought he had found a basis in law to permit an appeal. Because I could only issue an appeal if I had his permission today or that of a circuit judge.

i didn't get it all down, and my writing is rather shite, so I can't read or remember the full bits here.

But I find his comments interesting. It's almost as if he wanted me to win but I just hadn't forced the issue? He gives the impression of hating Carters and lowells.

he never gave me the opportunity to give a speech, he asked several questions. Then he took apart the cut and paste defence about them not sending this that and the other because he asked me if I was aware of any other post that had not arrived. Referring to defaults and assignments etc.

If any thing else comes back to me then I'll add more.

BUT THE COURT RECEIVED MY DOCUMENTS AFTER THE DEADLINE, HE ASKED ME TO PROVE SERVICE AND I SHOWED HIM THE POSTING RECEIPT AND A PRINTED OUT COPY OF THE SIGNED DELIVERY WHICH SHOWED IN TIME. HE ACCEPTED THAT. sorry for the capitals but I think that's ever so important for people to know.

im off for a refreshing beverage now.

Feel free to ask questions. I'll probably be back on on Sunday.

have a super weekend everyone

[saintlyman]

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

Hello again

I am off to work in a few hours, and not back in the UK for a few weeks.

Advice received showed that there is an apparent error in law, and I have a good chance at an appeal. But i won't be here to sign forms etc etc.

So I have taken the decision to pay up. and close the matter. Sad, but i am lucky in that I can afford to do this. What I won't do is put good money after bad. Namely that of paying for transcripts, appeal fees, representation and so on. Quite simply its purely an economic decision.

So I have two questions.

Question 1, does the text of this letter look ok? [my letter to carters]

"I write further to the above referenced Court hearing, which took place on 30 October 2015.


The outcome is noted, and whilst I am obviously disappointed I have taken a commercial view not to appeal against the decision.


I do, however, note the reduced amount of the award in favour of your Client. To this end, a sum of £1225.03 has been sent to yourselves today electronically. Payment was sent to Bank Sort Code XXX, Account Number XXX under reference XXXXXX


The sum of £1225.03, is that of the original amount £1037.31, plus Interest £37.72, plus Fixed Costs of Court Fee of £70.00 and Solicitor’s Costs of £80.00. As set out in the decision of the Judge.


As settlement has been made promptly and in full I am aware that the judgement may not be recorded on my credit file.


I trust this brings this matter to a satisfactory conclusion."

Question 2:
Can they keep claiming interest from the hearing date until today, or is that all dealt with in the judgement?

Thanks

Chris