Lowel and CCJ - Too late to do anything

[steph137]

Re: Lowel and CCJ - Too late to do anything

Cheers.

I hope this goes in our favour! He is repaying other debt he has but we purposefully ignored this one because he genuinely doesn't owe it but was unfortunately a victim of rubbish customer services from Orange (and was too naive - and not in the country - to look into the proper complaints route).

It seems silly that companies like Lowell/Carter go to so much effort and spend money on a case they legally can't win and simply rely on people's ignorance. I guess they buy the debt for dirt cheap so cut their losses elsewhere.

[steph137]

Re: Lowel and CCJ - Too late to do anything

Final question before the form is returned (should have been sent by now but he is slow - deadline is 7th September) the idiot never sent back the N149A form so I don't know which court it needs to go back to and he is away again now so he won't be able to get it before the 7th.

The N180 he was issued and also the one from Bryan Carter are both from the Northampton CCBC so will it need sending back there?

I can't believe he never sent everything back to me! (I had to post them to him to sign and send back to me to check over, make copies etc)

I think his debt is stressing me out more than him!

[FlamingParrot]

Re: Lowel and CCJ - Too late to do anything

At this stage everything is still being dealt with via Northampton CCBC so that's where everything goes. Once the questionnaires are returned, the case should be transferred to the court you provided as your preferred venue on the form.

[FlamingParrot]

Re: Lowel and CCJ - Too late to do anything

Cheers.

I hope this goes in our favour! He is repaying other debt he has but we purposefully ignored this one because he genuinely doesn't owe it but was unfortunately a victim of rubbish customer services from Orange (and was too naive - and not in the country - to look into the proper complaints route).

It seems silly that companies like Lowell/Carter go to so much effort and spend money on a case they legally can't win and simply rely on people's ignorance. I guess they buy the debt for dirt cheap so cut their losses elsewhere.

Yes, they buy debts for anything between 2% and 10% and are still legally entitled to ask for the full amount so it does pay off! :wof: Especially when you consider how many people just ignore the claims and get default judgment.

[steph137]

Re: Lowel and CCJ - Too late to do anything

^ I hope this is a case where they were just relying on ignorance and an automatic CCJ.

One thing that is concerning is that his credit report shows a default with with Lowell from Feb 2010, even though the billl is from 2006/07. Will that be a factor in this in favour of Lowell even if they can't provide the original bill or contract?

I wish he was sensible enough to sort this out at the time and go down the proper complaints route rather than just ignoring the bill and hoping it went away. I don't have any debt and never miss payments but this is stressful and it's not even mine! I can't imagine how people in masses of debt cope!

[FlamingParrot]

Re: Lowel and CCJ - Too late to do anything

^ I hope this is a case where they were just relying on ignorance and an automatic CCJ.

One thing that is concerning is that his credit report shows a default with with Lowell from Feb 2010, even though the billl is from 2006/07. Will that be a factor in this in favour of Lowell even if they can't provide the original bill or contract?

Lowell may well argue the point, I've seen them do it but in reality, default dates on credit files have nothing whatsoever to do with limitation. Lowell are very fond of dirty tricks, recording late defaults or 'updating' existing default dates is just one more in a very long list of things they somehow seem to get away with it. :mad2: :mad2: :mad2:

I wish he was sensible enough to sort this out at the time and go down the proper complaints route rather than just ignoring the bill and hoping it went away. I don't have any debt and never miss payments but this is stressful and it's not even mine! I can't imagine how people in masses of debt cope!

You just get used to it, a lot of us got into debt because of the credit crunch, I even know someone whose total debt is around £150k :scared: :scared: Mine is nowhere near at that level but you just learn how to handle creditors and use the law in your favour. :thumb:

[steph137]

Re: Lowel and CCJ - Too late to do anything

£150k, yikes!

OK, so the court have the N180 from today so now what happens? I think there's another 14 days to wait to see if it is going to enter mediation? Who decides this? If they can't provide the proof will it be stayed before mediation?

I've read lots of cases where Lowel/Bryan Carter have taken it to court but lost. Does this happen much? Do they do that to bully people until they are too scared and give in? I hope it doesn't go that way because my brother will be hopeless in court and I won't be able to go with him. He'll probably just put on a sulking face and refuse to pay.

What is the next letter we should expect?

[FlamingParrot]

Re: Lowel and CCJ - Too late to do anything

£150k, yikes!

OK, so the court have the N180 from today so now what happens? I think there's another 14 days to wait to see if it is going to enter mediation? Who decides this? If they can't provide the proof will it be stayed before mediation?

You will hear from the mediation service in due course, however, if you have not yet received any documents by then, then they will agree that mediation cannot go ahead, however, the case won't be stayed, it will be progressed to court, a hearing date will be scheduled and the court will require the documents to be provided at least 14 days before the hearing date. That's when they'll stumble... :grin:

I've read lots of cases where Lowel/Bryan Carter have taken it to court but lost. Does this happen much? Do they do that to bully people until they are too scared and give in? I hope it doesn't go that way because my brother will be hopeless in court and I won't be able to go with him. He'll probably just put on a sulking face and refuse to pay.

They often trip up when they are ordered to provide the documents to back up their claim if Lowell can't get their dirty hands on them, and they'll be relying on the original creditor who sold the account years ago and will be in no rush to dig them up.

Their claims are issued in the hope of obtaining default judgment.

What is the next letter we should expect?

You'll hear from the mediation service.

[steph137]

Re: Lowel and CCJ - Too late to do anything

Thanks.

I hope Carter/Lowell are sensible and drop this before it goes to court, it's such a hassle for nothing! I'm the first to get him to pay his debts but this one is a genuine error from Orange but he was too naive to do anything about it at the time and just stopped paying.

If Lowell can't provide the documents to the court will the case be thrown out?

[FlamingParrot]

Re: Lowel and CCJ - Too late to do anything

Thanks.

I hope Carter/Lowell are sensible and drop this before it goes to court, it's such a hassle for nothing! I'm the first to get him to pay his debts but this one is a genuine error from Orange but he was too naive to do anything about it at the time and just stopped paying.

If Lowell can't provide the documents to the court will the case be thrown out?

Sensible is not a word commonly associated with either Lowell or Carter. :lol:

You may want to look at this:

Hello. Don't panic! Bryan Carter Solicitors are renowned for using bullying tactics in chasing 'debts' that aren't real. I've just defeated them in claim they brought against me from a non-existent debt I was supposed to owe O2. Even before we went into court they asked if we could call it off - I had counterclaimed - and both agree to walk away. I refused so we went into court. As soon as we sat down the judge told the legal agent BCS had sent along - they didn't have the balls to turn up themselves - that he effectively had no case because not one original document in support of their claim that I owed O2 around 400 was supplied to the court. She eventually threw out their case. I would suggest that anyone in similar circumstances who has BCS chasing them for money fight it and ask them to prove their claim with original documents. In most cases I've heard about - and including my own - they have nothing to back their bullying other than a knowledge of how to manipulate the law to scare people. I am deliberating as to whether to take out a private case against them because they supplied a doctored exhibit to their witness statement i.e. they lied to the court about the veracity of a document with the intention and objective of getting money from me. Fight them and don't be scared!

:grin: :grin: :grin:

[steph137]

Re: Lowel and CCJ - Too late to do anything

^ that sounds like the way this case is going.

Yesterday a letter came to say that The Small Claims Mediation Team has been unable to secure a mediation appointment at this time and that it's been transferred to the local court.

This is good news, right? I guess he's going to have to attend a pointless hearing though?

One thing they never done, though, was assign it to the court my brother wanted. He works away so asked for the court near where he works but they have assigned it to the court in his he town.

[FlamingParrot]

Re: Lowel and CCJ - Too late to do anything

^ that sounds like the way this case is going.

Yesterday a letter came to say that The Small Claims Mediation Team has been unable to secure a mediation appointment at this time and that it's been transferred to the local court.

This is good news, right? I guess he's going to have to attend a pointless hearing though?

With a bit of luck, they'll discontinue the claim before it reaches that point. ray:

The court will give directions to supply the documents they intend to rely on at least 14 days prior to the hearing date, if they can't, they'll be royally stuffed! :grin:

One thing they never done, though, was assign it to the court my brother wanted. He works away so asked for the court near where he works but they have assigned it to the court in his he town.

Didn't he name his preferred venue when he filled in the N180 questionnaire?

[steph137]

Re: Lowel and CCJ - Too late to do anything

Cheers.

Yeah he did name the court but Bryan Carter chose a different one and that's the one it's been referred to. His job means he can't take random days off. Could I represent him if it got to court or does he have to be present?

Would the mediation service ever be refused if Lowell did have some kind of document as proof?

[MIKE770]

Re: Lowel and CCJ - Too late to do anything

He is the defendant and has to be there, or they will no doubt win, this is a court case, but mediation will ask you question have you received document? if not then they will pass back to court = end of mediation

[FlamingParrot]

Re: Lowel and CCJ - Too late to do anything

Cheers.

Yeah he did name the court but Bryan Carter chose a different one and that's the one it's been referred to.

That's rather unusual, cases are usually heard at the defendant's preferred or local court rather than the claimant's. :noidea:

His job means he can't take random days off. Could I represent him if it got to court or does he have to be present?

He has to attend but it may not come to that. ray:

Would the mediation service ever be refused if Lowell did have some kind of document as proof?

Mediation is optional and either party can refuse to participate.

He is the defendant and has to be there, or they will no doubt win, this is a court case, but mediation will ask you question have you received document? if not then they will pass back to court = end of mediation

They've already done that. :juge: