Is debt statute barred, court claim issued!

[nemesis45]

Re: Is debt statute barred, court claim issued!

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

[pt2537]

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

[nemesis45]

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

Claim is in court as we speak PT.

nem

[Amethyst]

Re: Is debt statute barred, court claim issued!

Ahh I thought it was tomorrow ! Bugger.... Good luck Nicki !!!!!

[Nicki1906]

Re: Is debt statute barred, court claim issued!

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.

[nemesis45]

Re: Is debt statute barred, court claim issued!

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

[nemesis45]

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

[MIKE770]

Re: Is debt statute barred, court claim issued!

Yes this seems to be against Legislation!

[charitynjw]

Re: Is debt statute barred, court claim issued!

& the decision re the DN, if possible.

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

[nemesis45]

Re: Is debt statute barred, court claim issued!

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

[MIKE770]

Re: Is debt statute barred, court claim issued!

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?

[Nicki1906]

Re: Is debt statute barred, court claim issued!

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!?

[MIKE770]

Re: Is debt statute barred, court claim issued!

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!???

[nemesis45]

Re: Is debt statute barred, court claim issued!

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!

[Nicki1906]

Re: Is debt statute barred, court claim issued!

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! 😳