Lowell Portfolio v P-Jay

[Kati]

Re: Lowell Portfolio v P-Jay

If it ends up at court, it SHOULD be moved to your local court automatically

[P-Jay]

Re: Lowell Portfolio v P-Jay

Brilliant, my Wife's Uncle is a Q.C. I wonder if he'd turn up with me as a scare tactic - although it's pretty far from his area of expertise, I suspect it would blow up in my face (as usual).

[nemesis45]

Re: Lowell Portfolio v P-Jay

Brilliant, my Wife's Uncle is a Q.C. I wonder if he'd turn up with me as a scare tactic - although it's pretty far from his area of expertise, I suspect it would blow up in my face (as usual).

Hello P-Jay,

I suspect poor old Bryan would suffer some " browning of the underwear" :tinysmile_twink_t2:if confronted with a QC he gets flustered even with a knowledgeable LIP.!!

nem

[FlamingParrot]

Re: Lowell Portfolio v P-Jay

I've just checked and Bcarter signed for my letter today - hopefully I'll have positive news (to me, not them) soon.

TBH I very much doubt they'll discontinue the claim at this stage, as I posted above, it's possible to beat the lowlifes but it normally takes a bit longer.

No word from Lowell yet, the 12+2 deadline is today - however I haven't seen the post yet.

Don't hold your breath! If Lowell ever reply to a CCA request within the deadline, the world would probably stop spinning, at the very least, we'd have a hard frost in August!

There is no need to chase this one up though as non compliance is a bar to enforcement for as long as they are in default and can be used in your defence, in addition to the fact the debt is SBd, of course. :thumb:

I've picking up the vibe that, should this go to court it would be better for me to turn up in person? Do they allow you to change venue? it's 200 miles or so each way - although I'd certainly make the trip if I had to.

Absolutely! You have to be there as Sandy Ago was. Once you submit your defence, if they decide to proceed, you'll get a N180 form of allocation to small claims, on it there will be a question regarding your preferred court. If you were referring to Northampton when you said it was 200 miles, that's not the actual court, just the bulk processing centre for money claims.

[nemesis45]

Re: Lowell Portfolio v P-Jay

Thanks again @nemesis45

I've just checked and Bcarter signed for my letter today - hopefully I'll have positive news (to me, not them) soon.

No word from Lowell yet, the 12+2 deadline is today - however I haven't seen the post yet.

I've picking up the vibe that, should this go to court it would be better for me to turn up in person? Do they allow you to change venue? it's 200 miles or so each way - although I'd certainly make the trip if I had to.

Good morning P-Jay,
No need to chase the CCA request, if not complied with then it renders the debt unenforceable until the agreement is supplied.
Chase up CPR 31.14 non compliance can be mentioned in the defence.
It is always best to attend a hearing others wise the claimants representative gets a relatively free rein.

The claim will automatically be transferred to your local count court.

nem

[P-Jay]

Re: Lowell Portfolio v P-Jay

Thanks Nem,

Sorry if I ask a lot of obvious questions and variations of the same thing more than once - super nervous about this! My Wife and I are saving for a deposit for a mortgage and we had a little one a few months ago so money is tight - a CCJ would ruin us - I'm hoping worst case means a Tomlin Order.

[nemesis45]

Re: Lowell Portfolio v P-Jay

Thanks Nem,

Sorry if I ask a lot of obvious questions and variations of the same thing more than once - super nervous about this! My Wife and I are saving for a deposit for a mortgage and we had a little one a few months ago so money is tight - a CCJ would ruin us - I'm hoping worst case means a Tomlin Order.

Never be concerned about asking questions!! Congratulation on the babe!!
Yes the Tomlin order is a way round getting a CCJ, but obviously getting Carter to discontinue would be better.

nme

[jon1965]

Re: Lowell Portfolio v P-Jay

There is a way to go yet before it gets into a court room, mediation for a start. You will probably get a feel for what your chances are there.
A tomlin order is a great way to go forward if you genuinely believe that the claim is legitimate with no valid defence but if there is a good defence you really do need to weigh up the pros and cons , do you really want to be paying for something that you don't legally owe-bugger the morality bit , Lowells/Carter and the banks wouldn't know morality if it bit them on the bum.

Try not to think of Bryan Carter as an individual who you will have to face, they are a firm and if they were to attend court (they don't always) it is likely to be an ill prepared inexperienced person .

There may be a reason with work or something as to why a CCJ would ruin you but if there is no reason just be aware that the court will not make you pay more than you can afford .
Home ownership is not all it's cracked up to be if i am honest, been there done that and now rent-never been happier

[P-Jay]

Re: Lowell Portfolio v P-Jay

'Ruin' might be over-stating it, but probably not much - I try to avoid giving the 'sob story' but here goes nothing.

Ironically I spent most of the 00's working for RBS, I didn't buy Ambro, invest in US sub-prime or sell PPI so my conscience is pretty clear and I worked in the commercial arm so didn't work with individuals, but businesses. Anyway, I was made redundant in 2008, which was bad enough, 3 weeks later I was involved in a horrible accident and spent the next 9 months in recovery - this was a blessing in one respect as, as well as the physical injuries it made me accept some low-level drug problems I was having and other philological issues, the downside being my finances were left to their own devices and the missed payments and defaults mounted up.

Come 2009 and largely recovered I first took hold of my financial issues - I had defaults totally £12k and a much lower salary than I been used to - I met with a IFA who took a look at the state of my finances and gave me the various options - payment arrangements, IVA, bankruptcy etc - perhaps ironically the bulk of the debt I owed to my former employer, an over-drawn current account and a 'staff' loan. I spoke to them on the phone - gave them the details and they basically told me that given the circumstances and my status as a former employee - they would never take action over and above a default notice. Although they'd never admit as much in writing.

Given the amount owed, the money I could afford to pay them each month and the damage already caused to my creditworthiness - the IFA suggested that given I was effectively 'blacklisted' (excuse the catch-all terminology for the sake of making a long story slightly less-long) until they were off my CRA I might as well let things take their course.

A few months later I met my wife, she accepted that because of the above we wouldn't be able to buy our own place, and frankly we'd struggle to rent privately so we moved into a Housing Association House with her Son, who I've since adopted, we've always talked about buying our own place, or just renting something a bit bigger "when we could", happily we had another Child recently and an already small house has become smaller - you might remember that Classic Morecombe and Wise scene when they're making breakfast and they seamlessly duck underneath each and slide past each other to cook - that's what our house it like all the time, you can't really open one door without closing another first.

Anyway, the clock ticked away and 5 years past, the worse of my black marks have fallen off the bottom of my CRA, we've started saving for a deposit it's only £2k at the moment but at the rate we're at we'll hit the £9k we need within days of the last of my negative falling off the bottom of my records - financially I'm completely rehabilitated - I haven't borrowed a penny in 5 years, we've driven down the level of my Wife's debts (which are student debts) and our household finances are robust, we can see the light at the end of the tunnel and I can make all the things I promised to my wife and family happen.

This CCJ thing has hit me for 6, deep down I know I should have dealt with it in 2008, I wasn't advised to ignore it - only the RBS stuff, but they never chased me (not much of an excuse I know) and it fell off my CRA 12 months ago.

A CCJ and 6 years of financial exile is unthinkable for me, on top of the near 6 years we've already 'served' - my Wife is very supportive, but it would put a huge strain on our relationship, she has issues with this sort of thing - her father was made bankrupt when she was a teenager and it had a terrible effect on her, she might just decide I'm not worth the effort.

I've just today realised that if I lose in court, a Tomlin Order seems to be a no-go, this is something that has to be agreed on before that time - added stress for me. In reality I would have to clear it within the 30 days - wiping out our savings and I would have to borrow £2k - on the 'family' credit card (which is actually in my Wife's name) or try to borrow it from friends or family. Okay, it's not the worst thing to ever happen to a person - but we'd effectively give up buying a home, the time it would take to repay the money borrowed and replenish the savings would take longer than the kids can feasibly share a bedroom.

A lot hinges on this case for my Family, and I hate being the cause of it all.

[FlamingParrot]

Re: Lowell Portfolio v P-Jay

A settlement can be agreed at any time right up to the court doors so there's still plenty of time. :thumb: However, I have to say the SBd angle looks very positive, despite the silly arguments they've put forward, I'd like to refer you back to Sandy Ago who WON on that argument. :whoo: This is a tactical game where Mr Carter was trying to call your bluff. Telling him that the debt was SBd at an early stage, i.e. before submitting a defence obviously gave him the idea to try and get you to make an admission or a settlement offer by making it sound like your defence wouldn't succeed. It's a common tactic that relies on the assumption that LIPs (litigants in person) do not have a full understanding of the law and would be easily impressed by anything a solicitor says and take it as gospel. :nono: :nono: :nono:

Try not to worry about Mr Carter, he's not worth it, enjoy your time with the little one instead and just keep an eye on the calendar. :ranger:

[P-Jay]

Re: Lowell Portfolio v P-Jay

Thanks for the 'buck up' FP - in regards to "watching the calendar" given the court accepted my letter as a defence (and refuse to withdraw it) BC have got until the 18th to respond - is there something I should be doing now, or am I just waiting for them to respond to the latest letter Nem drafted for me?

[nemesis45]

Re: Lowell Portfolio v P-Jay

Thanks for the 'buck up' FP - in regards to "watching the calendar" given the court accepted my letter as a defence (and refuse to withdraw it) BC have got until the 18th to respond - is there something I should be doing now, or am I just waiting for them to respond to the latest letter Nem drafted for me?

That one little unfortunate slip should have not have been allowed to prevent you from pleading a full defence.

I suggest ( it may or may not be successful) sending an amended defence to the court asking for it to be put before judge
you can state that you are a Litigant in Person and inexperienced in the court process and your inadvertent mistake in the initial letter is preventing you from entering a full defence.

nem

[P-Jay]

Re: Lowell Portfolio v P-Jay

Thanks, I;ve drafted this as my defence - I'd welcome any feedback

"
Dear Sir / Madam,

Further to my telephone conversation with your colleague on the 31^st of July 2015 I would be very grateful if the following additional information could be put before the Judge as part of my defence – I’m afraid I am Litigating in Person, and as I’ve never been involved in any sort of Court proceedings before I am completely inexperienced and hadn’t intended my previous letter to be my defence.

I don’t believe I am liable for this debt as it is Statute Barred – upon receiving the Claim Form I telephoned Welcome Finance – they were able to confirm to me that the last communication they had from me was in August 2008 (6 years and 11 months prior to this claim) in the form of a payment.

Whilst Lowell Portfolio 1 Ltd claim a default notice was served in February 2010 and claim the Statue Barred ‘clock’ should start from this date I believe they are wrong. 18 months is an unfair amount of time in which to lodge a default – the ICO Technical Guidance on defaults state that Defaults should be recorded no more than 6 months after the cause of action, in this case after 3 missed contractual payments meaning a default should have been recorded no later than November 2008 (6 years and 8 months before the Claim was made)."

One cause for concern the ICO Technical Guidance on defaults state that Defaults should be recorded no more than 6 months after the cause of action, in this case after 3 missed contractual payments

Do I read that correctly? The guidance says no longer than 6 months after the 'cause of action' the 'cause of action' meaning 3 missed payments - so I miss 3 payment (Sept, Oct and Nov 2008) than they have 6 months to lodge the default? Because that brings it around to May 2009 - still Statue Barred (but very close) rather than Nov 2008?

[FlamingParrot]

Re: Lowell Portfolio v P-Jay

Thanks for the 'buck up' FP - in regards to "watching the calendar" given the court accepted my letter as a defence (and refuse to withdraw it) BC have got until the 18th to respond - is there something I should be doing now, or am I just waiting for them to respond to the latest letter Nem drafted for me?

Only yesterday I was discussing this same issue with some people over the phone. When you are taken to court, you have to be very careful what correspondence you send to the claimants and their legal representatives, anything you send can be construed as either an admission or a defence even if it's not sent to the court directly and not in the proper format, i.e. not headed "defence" or sent using the admission forms, that's why I told an OP who had received an I&E statement from the solicitors NOT to return it a couple of days ago as it could be considered an admission. :scared:

Small claims is intended for LIPs without legal representation and the courts assume most users, defendants in particular, would have no knowledge of the CPR and the formalities that come with it. For that reason I'd say it's best to avoid sending letters other than the CCA and CPR requests and, if necessary, responses to their replies but nothing else. :mmph:

[Roland]

Re: Lowell Portfolio v P-Jay

Good advice FP