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Is debt statute barred, court claim issued!

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  • Re: Is debt statute barred, court claim issued!

    Originally posted by Nicki1906 View Post
    Waiting now for my hearing. Are Lowell allowed to question me, he asked if I had made any additional requests since filing the WS, I feel very intimidated an scared beyond belief, I had all fixed with what I wanted to say now I feel like I don't stand a chance!! 
    Is this Lowell's legal representative asking questions?
    Have you made any requests? I didn't think so.

    If you feel intimidated in any way by this person tell the court usher straight away especially if it's an attempt to get you to back down.

    Be as positive as you can stick to what you want to say and listen carefully to what the judge says, and the legal reps input, write down anything he says you can then tell the judge what you think of their case.

    Don't interrupt the judge or the rep you can challenge the rep, if you are puzzled by anything ask the judge, so there is no misunderstanding.

    Thinking of you!! Be positive!!

    Good Luck

    nem
    The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

    Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

    If you receive messages from anyone offering advice for a fee please report it to the site team.


    Animo et fide.

    Comment


    • Re: Is debt statute barred, court claim issued!

      Hi,

      Im at work at present, but if you can list what questions you have ill try to answer them

      Cheers
      I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • Re: Is debt statute barred, court claim issued!

        Originally posted by pt2537 View Post
        Hi,

        Im at work at present, but if you can list what questions you have ill try to answer them

        Cheers
        Claim is in court as we speak PT.

        nem
        The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

        Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

        If you receive messages from anyone offering advice for a fee please report it to the site team.


        Animo et fide.

        Comment


        • Re: Is debt statute barred, court claim issued!

          Ahh I thought it was tomorrow ! Bugger.... Good luck Nicki !!!!!
          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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          Comment


          • Re: Is debt statute barred, court claim issued!

            Originally posted by nemesis45 View Post
            Claim is in court as we speak PT.

            nem
            Absolutely devastated, the judge has awarded judgement for £2097.70 + interest £246.10 = £2,343.80 this was based on the probability that I would have received the default notice, the representative for BW also played on the fact I have made payments, when I said my problem with the claim was they had NOT produced the original credit agreement, the judge said based on other cases it was not proven fatal that the agreement was not produced!!!

            He he said he could see that I had been honest and had tried to negotiate with HSBC initially and also Lowell, hence the payments I had made, his findings were all based on probability and that he said I had represented myself well and he refused to award costs to the claimant, he said usually 14 days are required to make payment, but in my case he was allowing 6 weeks to make arrangements to pay or settle with Lowell.

            The representative for Lowell said to the judge he would discuss the situation further when we left the room. He told me he was a local soilicitor paid to represent Lowell as they don't use their own staff, he suggested I now contact Lowell to make them an offer his suggestion was 60% of the judgment, I am so shocked I am not sure what to do next, I clearly need to act fast as time is now against me!!

            Any advice will be welcomed.

            Comment


            • Re: Is debt statute barred, court claim issued!

              Originally posted by Nicki1906 View Post
              Absolutely devastated, the judge has awarded judgement for £2097.70 + interest £246.10 = £2,343.80 this was based on the probability that I would have received the default notice, the representative for BW also played on the fact I have made payments, when I said my problem with the claim was they had NOT produced the original credit agreement, the judge said based on other cases it was not proven fatal that the agreement was not produced!!!

              He he said he could see that I had been honest and had tried to negotiate with HSBC initially and also Lowell, hence the payments I had made, his findings were all based on probability and that he said I had represented myself well and he refused to award costs to the claimant, he said usually 14 days are required to make payment, but in my case he was allowing 6 weeks to make arrangements to pay or settle with Lowell.

              The representative for Lowell said to the judge he would discuss the situation further when we left the room. He told me he was a local soilicitor paid to represent Lowell as they don't use their own staff, he suggested I now contact Lowell to make them an offer his suggestion was 60% of the judgment, I am so shocked I am not sure what to do next, I clearly need to act fast as time is now against me!!

              Any advice will be welcomed.
              So sorry Nicki, so disappointing. I thought we had it right!

              nem
              The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

              Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

              If you receive messages from anyone offering advice for a fee please report it to the site team.


              Animo et fide.

              Comment


              • Re: Is debt statute barred, court claim issued!

                I'd like [MENTION=551]pt2537[/MENTION] [MENTION=2]Celestine[/MENTION] to comment if possible on the DJ's " balance of probabilities " judgment with no CCA available.

                nem
                The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                If you receive messages from anyone offering advice for a fee please report it to the site team.


                Animo et fide.

                Comment


                • Re: Is debt statute barred, court claim issued!

                  Yes this seems to be against Legislation!

                  Comment


                  • Re: Is debt statute barred, court claim issued!

                    & the decision re the DN, if possible.

                    Can they assume one has been given? (ie served)
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • Re: Is debt statute barred, court claim issued!

                      Originally posted by MIKE770 View Post
                      Yes this seems to be against Legislation!
                      The brains ticking over Mike I agree, but there is a mass of guidance on sect 77-79 that tbh I've not had time to read.

                      nem
                      The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                      Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                      If you receive messages from anyone offering advice for a fee please report it to the site team.


                      Animo et fide.

                      Comment


                      • Re: Is debt statute barred, court claim issued!

                        Originally posted by nemesis45 View Post
                        The brains ticking over Mike I agree, but there is a mass of guidance on sect 77-79 that tbh I've not had time to read.

                        nem

                        Pre 2007 comes to mind, seems some DJs play the game of ignorance and use post 2007?

                        Comment


                        • Re: Is debt statute barred, court claim issued!

                          Originally posted by nemesis45 View Post
                          The brains ticking over Mike I agree, but there is a mass of guidance on sect 77-79 that tbh I've not had time to read.

                          nem
                          Thanks Nem,

                          The fact the judge made a big issue over the default notice being served as probable, concerns me, I raised the point about the agreement being pre2007 which he also seemed to skip round.

                          He was specific in acknowledging the fact I had made payments in an effort to resolve the debt, these payments were made usually after a threatening letter was received, perhaps I should have included that comment in my response that I felt Intimidated which was why I made the sporadic payments, I so wish I knew then what I know now!!

                          He also said he has given me 6 weeks to resolve, so am I to appeal or should I have requested this at the end of the hearing, as he did mention at the start if I wanted to appeal any findings i could!?

                          my other half suggests I call Lowell and see whether they are prepared to settle at say 50-60% this pointing out I can perhaps lend the money an clear it as a full and final settlement or if they don't want to be amenable make it clear there is limited disposable income left after current outgoings!?

                          Comment


                          • Re: Is debt statute barred, court claim issued!

                            Originally posted by nemesis45 View Post
                            I'd like @pt2537 @Celestine to comment if possible on the DJ's " balance of probabilities " judgment with no CCA available.

                            nem

                            Their in put would be of a great help here??? [MENTION=551]pt2537[/MENTION] [MENTION=2]Celestine[/MENTION]

                            - - - Updated - - -

                            sounds to me like He (DJ) misdirected himself as Appeal Judges would state (without calling him wrong in his assessment!???

                            Comment


                            • Re: Is debt statute barred, court claim issued!

                              Originally posted by MIKE770 View Post
                              Their in put would be of a great help here??? @pt2537 @Celestine

                              - - - Updated - - -

                              sounds to me like He (DJ) misdirected himself as Appeal Judges would state (without calling him wrong in his assessment!???
                              I agree Mike!
                              The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                              Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                              If you receive messages from anyone offering advice for a fee please report it to the site team.


                              Animo et fide.

                              Comment


                              • Re: Is debt statute barred, court claim issued!

                                Originally posted by nemesis45 View Post
                                I agree Mike!

                                So based on the comments I've read, I've basically been stitched up big time by the DJ, I also need to mention I did not have the judge listed on the court papers, the judge today was judge Buckey, not that I suppose that's even relevant now! 😳

                                Comment

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