Lowell Portfolio v P-Jay

[nemesis45]

Re: Lowell Portfolio v P-Jay

A suggestion,

Claim No..............................

Between

Lowell Portfolio 1

and

P-Jay.

I P-jay am the defendant in this claim and a litigant in person.

I respectfully request the court to consider the following submission.

When acknowledging service of this claim I mistakenly submitted information that the court has taken to be my full defence to this claim.

This has prevented me from fully pleading my defence.

I respectfully request they the information below be admitted as part of my defence.

1. I aver that the alleged debt from which this claim arises was statute barred under the provisions of the Limitation Act 1980 prior to the issue of this claim.

2. It is my belief that the original creditor defaulted this account unfairly late leaving me at disadvantage in regard to Limitation.

3. I submit the following in support of the submission above.

you can go on and list your " evidence" keep it simple and succinct as possible.

let me know if you need more help.

nem

[P-Jay]

Re: Lowell Portfolio v P-Jay

Hi Everyone,

10 days on and BC haven't replied to my letter above, nor have Lowell replied to my CCA yet...

However I had this is the post via UKMAIL today - all of Bryan Carter's previous replies have come Royal Mail on nice stationery, this is the usual bulk mail, I'm not sure if that has much of a bearing on things.



So... what do we think? A last role of the dice, a automated bulk letter which is all 'part of the process' or a genuine attempt to resolve things to save the Court's time (stop laughing at the back).


Even though I'm 90% sure I'd win come a court case, because they haven't actually given me any information I'm still worried they're going to pull something out of the bag at the 11th hour showing I made a payment 5 years and 11 months ago or the like - I've been tempted to call them and offer £500 full and final or even £30 a month for now to forever - thoughts?

[MIKE770]

Re: Lowell Portfolio v P-Jay

standard one of the last begging letters before running off usually, look at the lowells carter sites and you will see this is just computer churning out template crap.

[FlamingParrot]

Re: Lowell Portfolio v P-Jay

10 days on and BC haven't replied to my letter above, nor have Lowell replied to my CCA yet...

Hi P-Jay
Your previous letter had already been admitted as a defence so there would have been no need to reply to a further letter arguing the point, nor does credit default arguments have any bearing on SBd status. :mmph: Lowell never have any documents which could work in your favour when the court orders them to supply the documents, they may well have to discontinue. ray: ray:

However I had this is the post via UKMAIL today - all of Bryan Carter's previous replies have come Royal Mail on nice stationery, this is the usual bulk mail, I'm not sure if that has much of a bearing on things.

So... what do we think? A last role of the dice, a automated bulk letter which is all 'part of the process' or a genuine attempt to resolve things to save the Court's time (stop laughing at the back).

That's what he's been sending everyone after receiving their defences, no doubt a last ditch attempt at relieving people of their money, sent to see if anyone bites... :nono:

Even though I'm 90% sure I'd win come a court case, because they haven't actually given me any information I'm still worried they're going to pull something out of the bag at the 11th hour showing I made a payment 5 years and 11 months ago or the like

There was a recent case that went to court where Lowell had made up a phantom payment to argue the debt wasn't SBd, the judge dismissed their 'evidence':caked: which consisted of a statement created by themselves and ruled in favour of the defendant. :grin: :grin: :grin:

I've been tempted to call them and offer £500 full and final or even £30 a month for now to forever - thoughts?

Resist that temptation! :hand: See above. You still have a good defence since SBd is an absolute defence, even if the letter you sent which was mistakenly taken as your defence didn't exactly put forward the best arguments, :ohwell: the gist of it is still there, the debt is SBd. :thumb:

[FlamingParrot]

Re: Lowell Portfolio v P-Jay

There was a recent case that went to court where Lowell had made up a phantom payment to argue the debt wasn't SBd, the judge dismissed their 'evidence':caked: which consisted of a statement created by themselves and ruled in favour of the defendant. :grin: :grin: :grin:

Have found the case in question: http://www.legalbeagles.info/forums/...udge+dismissed

Hi P-Jay
Your previous letter had already been admitted as a defence so there would have been no need to reply to a further letter arguing the point, nor does credit default arguments have any bearing on SBd status. :mmph: Lowell never have any documents which could work in your favour when the court orders them to supply the documents, they may well have to discontinue. ray: ray:

Here the court ordered the claimants to supply the documents or else face a strike out: http://www.legalbeagles.info/forums/...825#post567825

[nemesis45]

Re: Lowell Portfolio v P-Jay

Hi Everyone,

10 days on and BC haven't replied to my letter above, nor have Lowell replied to my CCA yet...

However I had this is the post via UKMAIL today - all of Bryan Carter's previous replies have come Royal Mail on nice stationery, this is the usual bulk mail, I'm not sure if that has much of a bearing on things.



So... what do we think? A last role of the dice, a automated bulk letter which is all 'part of the process' or a genuine attempt to resolve things to save the Court's time (stop laughing at the back).


Even though I'm 90% sure I'd win come a court case, because they haven't actually given me any information I'm still worried they're going to pull something out of the bag at the 11th hour showing I made a payment 5 years and 11 months ago or the like - I've been tempted to call them and offer £500 full and final or even £30 a month for now to forever - thoughts?

Hello P Jay,

It's standard template, Carter uses UKMail for bulk mail outs of these letters it's cheaper than RM

As long as there has been no response to CCA request it's going nowhere Carter is in the habit of going to the wire with claims and often discontinues at the last minute.

The letter is just another form of intimidation, he's wants you to sign a consent order to pay and agreed sum for xxx months and no CCJ is recorded but just one slip up and they will go for summary judgement.

nem

[P-Jay]

Re: Lowell Portfolio v P-Jay

Hi All,

Sorry for the lack of updates, I managed to put it to the back of my mind for a bit and took 2 weeks off work with my Kids / Wife on a 'staycation' rained every day ha ha.

Anyway, I have received a "directions questionnaire" from the Court, it must have been lost in the post for a little while because I had BC's version the same day - they added a simple note along the lines of "Our client would like to resolve this matter out of court if possible" and enclosing their version agreeing to mediation.

What's the 'smart move' here? agree to mediation, or go straight to court - it appears to be a simple tick-box exorcise

As for the other matters, I've still not heard from Lowell in regards proving me with proof of the debt, nor have BC replied to my last letter directly.

Would mediation provide me with any useful information, or is it just a final chance to agree repayment terms?

[FlamingParrot]

Re: Lowell Portfolio v P-Jay

Hi All,

Sorry for the lack of updates, I managed to put it to the back of my mind for a bit and took 2 weeks off work with my Kids / Wife on a 'staycation' rained every day ha ha.

Hi P-Jay
Well done! :clap2: Shame about the weather, summer was rather dry (at least down here) and come the end of August (those two weeks you took off ), it just turned wet and awful.

Anyway, I have received a "directions questionnaire" from the Court, it must have been lost in the post for a little while because I had BC's version the same day - they added a simple note along the lines of "Our client would like to resolve this matter out of court if possible" and enclosing their version agreeing to mediation.

What's the 'smart move' here? agree to mediation, or go straight to court - it appears to be a simple tick-box exorcise

It's a good idea to agree to mediation as it gives the right impression, especially since they've also agreed, it's really a PR exercise, if you haven't received any documents showing the debt is not SBd, there would be nothing to mediate about, and that's what happens with the majority of claims, when it comes to it, mediation cannot go ahead due to lack of any paperwork.

Mr C has taken to sending out letters inviting settlement to see if someone bits, :nono: although they seem to be in an ink-saving mode with you. :lol:

Make sure you provide details of your local court and any dates you won't be available in case it gets that far. You won't need experts or interpreters and only one witness (yourself). Has Mr C said how many witnesses he intends to call in his questionnaire? I bet he's put a '0'. :confused2:

As for the other matters, I've still not heard from Lowell in regards proving me with proof of the debt, nor have BC replied to my last letter directly.

Would mediation provide me with any useful information, or is it just a final chance to agree repayment terms?

Neither, if they've not shown that they have the documents and the debts is not SBd, then why would you want to agree to any repayment terms? Unless there was some sort of a miracle whereby they can suddenly whip up all the paperwork. :flypig: :flypig:

[P-Jay]

Re: Lowell Portfolio v P-Jay

Hi again,

I've had an e-mail from the mediation service with an appointment on the 29th of this Month.

They have a little tick box exorcize me to complete before I agree to mediation the stand-out question is "I can confirm that I have enough information about the claim to allow to entre into negotiations and that I do not require any further evidence from the other party before the appointment".

Sigh... of course, I've had NO evidence whatsoever, no copy of the original agreement, no statement of payments nothing. I know that Mediation was a "PR exorcize" as per FP's post, but as yet I only have their word this debt exists.

My Wife is becoming increasingly worried about this, could I ask two more questions please.

1) Given that it looks as if a court case is now unavoidable - can BC or Lowell pull out evidence at the last moment on the day - is it possible that despite me asking 3 times or more, they can provide the Judge with a copy of the original agreement and proof of payments less than 6 years ago?


2) If I now turn down the offer of Mediation as I can't answer "Yes" to the Mediation Services questions, will this been seen in a bad light by the Judge.

[FlamingParrot]

Re: Lowell Portfolio v P-Jay

I've had an e-mail from the mediation service with an appointment on the 29th of this Month.

They have a little tick box exorcize me to complete before I agree to mediation the stand-out question is "I can confirm that I have enough information about the claim to allow to entre into negotiations and that I do not require any further evidence from the other party before the appointment".

Sigh... of course, I've had NO evidence whatsoever, no copy of the original agreement, no statement of payments nothing. I know that Mediation was a "PR exorcize" as per FP's post, but as yet I only have their word this debt exists.

That's just standard wording, obviously if you haven't got enough information, mediation cannot go ahead and you should inform the mediation service of that fact before the appointment.

My Wife is becoming increasingly worried about this, could I ask two more questions please.

1) Given that it looks as if a court case is now unavoidable - can BC or Lowell pull out evidence at the last moment on the day - is it possible that despite me asking 3 times or more, they can provide the Judge with a copy of the original agreement and proof of payments less than 6 years ago?

No, the court will order them to supply the paperwork they intend to rely on at least 14 days before the hearing date so they can't pull a stunt like that.

2) If I now turn down the offer of Mediation as I can't answer "Yes" to the Mediation Services questions, will this been seen in a bad light by the Judge.

No, because one of the conditions is for you to have enough information. If they've not supplied you with any documents, you'd effectively be lying if you said you now have enough info. :nono:

[P-Jay]

Re: Lowell Portfolio v P-Jay

Hello again,

I'm afraid it's all gone wrong - despite them telling me they wouldn't, BC have today sent my a photocopy of the original agreement, along with a statement from Welcome Finance showing the last payment made was the 18/08/2009 - 1 month before the statue barred limitation.

Any suggestions? my current plan is to try to get hold of the mediation service to see if I can have another appointment - I'm surprised they sent it now! 2 days after we would have both received confirmation that mediation had failed

- - - Updated - - -

I can't imagine why they told me I stopped paying it 2008 on the phone!

[nemesis45]

Re: Lowell Portfolio v P-Jay

Hello again,

I'm afraid it's all gone wrong - despite them telling me they wouldn't, BC have today sent my a photocopy of the original agreement, along with a statement from Welcome Finance showing the last payment made was the 18/08/2009 - 1 month before the statue barred limitation.

Any suggestions? my current plan is to try to get hold of the mediation service to see if I can have another appointment - I'm surprised they sent it now! 2 days after we would have both received confirmation that mediation had failed

- - - Updated - - -

I can't imagine why they told me I stopped paying it 2008 on the phone!

I'm afraid it's a common problem with Barclays Bank & Barclaycard telephone jockeys
clueless is an understatement!
Yes good idea to contact the mediation service.
Did Barclays say they had provided this data to the claimant.

nem

[P-Jay]

Re: Lowell Portfolio v P-Jay

they don't sounds very professional - given the date they stopped trading and the fact they wrote off my debt in 2012 I doubt they have much work to do.

[FlamingParrot]

Re: Lowell Portfolio v P-Jay

I'm afraid it's a common problem with Barclays Bank & Barclaycard telephone jockeys
clueless is an understatement!
Yes good idea to contact the mediation service.
Did Barclays say they had provided this data to the claimant.

nem

Barclays? What would be their involvement here, wasn't this originally a Welcome Finance debt? I didn't think Barclays had bought any of those. :noidea:

Hello again,

I'm afraid it's all gone wrong - despite them telling me they wouldn't, BC have today sent my a photocopy of the original agreement, along with a statement from Welcome Finance showing the last payment made was the 18/08/2009 - 1 month before the statue barred limitation.

Any suggestions? my current plan is to try to get hold of the mediation service to see if I can have another appointment - I'm surprised they sent it now! 2 days after we would have both received confirmation that mediation had failed

[Berniethebolt]

Re: Lowell Portfolio v P-Jay

Hi P jay
i did try to read back so maybe I missed it

exatly when was the agreement opened?

the payment that is conveniently 1month before the claim, do they give you any details. Is it a payment that followed a pattern or just one out of know where ?

Could it it be a phantom payment?

is the agreement they sent you in response to your coca request? If yes does it include the terms and conditions and everything else?

Just something to to maybe give you a fighting chance