Lowell Portfolio I Ltd v dasher13

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

Call thee court, you should have received the defence to the counterclaim though

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi again.

I will phone the court first thing tomorrow regarding the counterclaim and the fact I have received nothing from Lowell and let you know the outcome.

I have gone back through my file and cannot be 100% sure I sent the defence and counterclaim to Lowell. I have all of the proof that it went to the court and was received both by snail mail and online though. So have I messed up or was the onus still on Lowell to send their defence to me or at least for them to send it to the court who then would send it to me? I know you said earlier in the thread that the court would do that and send my defence and counterclaim to Lowell so I am assuming the same process would take place for my counterclaim and their defence being sent to me?

As I have said I have had nothing!

Thanks again.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi R0B,

I am just putting the "Request for judgement and reply to admission" form together and am hoping you can help me again please?

I know that you said for this purpose I am the claimant and Lowell the defendant but it says to include the claimant reference...where do I find mine?

On Part A do I tick both boxes?

On Part D which boxes do I tick and what do I put down for amount payable by defendant? The counterclaim was for damages limited to £250 so if i put the whole £250 do I put it in the "amount of claim as admitted" section and the "amount payable by defendant" box at the bottom of Part D??

Thank you!

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Just to let everyone who has been kindly helping me the court date has been pushed back to the 19th December. Was supposed to get a call back about whether Lowell have actually put in a defence to my counterclaim but call never came. Will chase that again Monday morning first thing and then get the form in.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Quick update on this. Seems Lowell submitted a defence to my counterclaim on the 22nd September. That is 15 days after my defence and counterclaim was submitted. I am guessing that means the option of me applying for a default judgement is out the window. The court have told me to email in and ask for a copy of their defence which I am going to do.

If anyone can please help me with the witness statement I would really appreciate it. Is there a link to a template at all that I can use as a base?

Thank you all again.

[Diana M]

Re: Lowell Portfolio I Ltd v dasher13

Seems Lowell submitted a defence to my counterclaim on the 22nd September. That is 15 days after my defence and counterclaim was submitted. I am guessing that means the option of me applying for a default judgement is out the window.

I've only taken a rushed look through your thread and I couldn't see the wording of your Counterclaim so would you be kind enough to point me to the relevant post. Sorry to be a pain.

Did I see somewhere that it is for £250 damages because Lowells issued proceedings without having the documents upfront?

The claim is for £800 approximately. You made a Full & Final offer to settle for £300 on 18th June 2016. Was that offer letter headed Without Prejudice? You also made an offer prior to that, was that one headed Without Prejudice?

I've noticed that it is essential that you don't get a CCJ or you will lose your job and that you are not in a position to pay the full amount within 28 days if you do get a CCJ to avoid it being entered on your CRA files.

I cannot get a CCJ as i will lose my job and with children that is the biggest worry you can have. I just do not know what to do.

. . . . As I said I cannot get a CCJ and had been willing to deal with Lowells and pay off the debt . . .

I feel completely lost. I have no idea what to do and whether what I have done is right. Please, please help me. I haven't got the money to cleat the debt but I cannot get a CCJ as it would ruin everything and all that I have done in the last 3 years to get back on track and provide for my family.

What do you want to do? Do you want to settle this claim or fight on? Maybe wait until you see what Lowells say in Defence to your Counterclaim before making up your mind.

Di

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi Di thanks for replying.

Yes everything you have said is correct and both of my letters to Lowell were without prejudice. What does that mean in practice in court?

I am happy to fight as I do not see how Lowell can do what they are doing without the documents it seems they need to have to do it. I am terrified of losing though and have read that some judges do not care if companies like Lowell have no documents - is that the case? I've written to the court requesting a copy of the defence (emailed) as I have had nothing at all from the court or Lowell to say they were defending the counterclaim. R0b has said I should have had it so but confused as to why I haven't.

[Diana M]

Re: Lowell Portfolio I Ltd v dasher13

Have you posted your Counterclaim details on your thread, because looking at that will help to understand the Claimant's Defence to it (when you get it) ?

Di

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi Di - I am going to post everything now.

Things have moved on as there was a knock on my door at 7.30am this morning and a letter from Lowell. In it was their witness statement for court.

It includes two bits of 'evidence' - a supposed notice of assignment and a supposed credit agreement. I think both are forgeries.

The notice of assignment from Capital One is dated 16/7/15 and states they have sold the debt to Lowell. I never received this. It is not on letter headed paper and is signed by a Michael Woodburn, VP Risk Operations, Capital One.

A bit of online research shows there was a Michael Woodburn who was Head of Risk at Cap One UK but only between 2006 – 2009. In 2009 he became Chief Operating Officer and this supposed notice of assignment is dated July 2015.

They have also included my apparent credit agreement with Cap One which indicates I 'signed' it on 6/8/11. This is a lie. A complete lie. I know this because if this whole case is about the only Capital One account I have ever had then I had this account before this date. I have letters to Cap One from 2010. I went into a DMP and some money was paid to them 2012 so the whole thing is not statute barred but this credit agreement is forged.

Also on this forged credit agreement that Lowell have submitted to the court it seems someone didn’t do their job properly as they have put the wrong account number at the top of the document! It has a different account number to the Cap 1 one I had and the account number Lowell have used in every bit of correspondence. Also the Capital One logo looks incredibly…dodgy. It is made up. All of it!

I really would be grateful for any advice as to that to do. I have posted all the documents up so hopefully that will help people. Thank you all again – thank you.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

This is Lowell's witness statement - still nothing in terms of a 'defence' lodged in due time with the court.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

This is the supposed credit agreement - a completely different account/card number is on it from the one I had with Cap 1 and the one Lowell have used in every other bit of correspondence...and the logo is dodgy.

- - - Updated - - -

Here is the supposed notice of assignment on non letter headed paper signed off by someone who left the role 6 years earlier. Also you'll see the account number and notice it is different to the supposed credit agreement...i have taken off the last 4 digits.

Thank you all again in advance for all your help and for all the help already. Life savers all of you.

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

The notice of assignment from Capital One is dated 16/7/15 and states they have sold the debt to Lowell. I never received this. It is not on letter headed paper and is signed by a Michael Woodburn, VP Risk Operations, Capital One.

A bit of online research shows there was a Michael Woodburn who was Head of Risk at Cap One UK but only between 2006 – 2009. In 2009 he became Chief Operating Officer and this supposed notice of assignment is dated July 2015.

http://www.bloomberg.com/profiles/pe...chael-woodburn

[nemesis45]

Re: Lowell Portfolio I Ltd v dasher13

Hi Di - I am going to post everything now.

Things have moved on as there was a knock on my door at 7.30am this morning and a letter from Lowell. In it was their witness statement for court.

It includes two bits of 'evidence' - a supposed notice of assignment and a supposed credit agreement. I think both are forgeries.

The notice of assignment from Capital One is dated 16/7/15 and states they have sold the debt to Lowell. I never received this. It is not on letter headed paper and is signed by a Michael Woodburn, VP Risk Operations, Capital One.

A bit of online research shows there was a Michael Woodburn who was Head of Risk at Cap One UK but only between 2006 – 2009. In 2009 he became Chief Operating Officer and this supposed notice of assignment is dated July 2015.

They have also included my apparent credit agreement with Cap One which indicates I 'signed' it on 6/8/11. This is a lie. A complete lie. I know this because if this whole case is about the only Capital One account I have ever had then I had this account before this date. I have letters to Cap One from 2010. I went into a DMP and some money was paid to them 2012 so the whole thing is not statute barred but this credit agreement is forged.

Also on this forged credit agreement that Lowell have submitted to the court it seems someone didn’t do their job properly as they have put the wrong account number at the top of the document! It has a different account number to the Cap 1 one I had and the account number Lowell have used in every bit of correspondence. Also the Capital One logo looks incredibly…dodgy. It is made up. All of it!

I really would be grateful for any advice as to that to do. I have posted all the documents up so hopefully that will help people. Thank you all again – thank you.

Hi dasher,4

Can we see a copy of the agreement please is more easily read than what you have posted.

nem

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

Apologies for the delay, I will try to respond as best I can.

If Lowell have submitted their defence by 22nd September, how did they send it, post or email?

The Witness Statement is non-compliant at all and contains far too much argument from what I see, therefore liable to be struck out. There is already plenty of case law on this about witness statements and putting forward legal arguments. As is clear below, a witness statement is used for statements of fact not legal arguments or opinion or anything else but a concise outline of the claim and how it has come about in the Witnesses' own words.

Secretary of State v Fowler & others 2012 (para 47)
"The courts have regularly reminded parties that the purpose of witness statements is to replace oral testimony"

Rock Nominees v RCO Holdings 2003 (para. 81):
It is not being unfair to Mr Wilson to say that it is about the only clear part of his evidence. Before he actually gave evidence we had the somewhat surprising spectacle of finding something like 75% of the witness statement being struck out, as Mr Potts QC conceded in effect the material there, consisting largely of assertions, expressions of opinion and usurpation of my role, should never have been there in the first place.”

You should therefore argue that any paragraph containing legal arguments should be struck out as per the above, which is a good chunk of it including the short counterclaim argument. I would be emailing Lowell's for a copy of their defence which they submitted on the 22nd of September or calling the court and chasing it up as you need it it before the 19 December and keep pressing them. It may be that their defence is possibly their witness statement or something along those lines?

If that is the case then their defence to the counterclaim should be struck out for non-compliance and contains a bare denial - you can't allow bare denials and must give some details as to why they deny the counterclaim. On that basis it should also be struck out for non-compliance. Practice Direction 3A rule 1.6 says a defence may be struck out if it contains a bare denial - https://www.justice.gov.uk/courts/pr...t03/pd_part03a

As for the credit agreement you may need to read through the terms and look for any inconsistencies in there - i've tagged @nemesis45 to assist on that.

seems very coincidental that suddenly the account number is different and there's no proof at all to say this account number on the credit agreement is correct. The a copy of the assignment between Cap1 and Lowell would be the decider which someone from Cap1 confirming the correct account number assigned to you. Michael Woodburn's linkedin profile says he left that role in 2014 to work for another company, yet the assignment letter says it transferred in 2015 which again confirms an inconsistency and perhaps it has been lifted elsewhere. Otherwise this all amounts to fraud and is a serious offence.

In addition to the notice of assignment letter, another anomaly is that it does not contain the requirements set out under the Names and Trading Disclosures Regulations 2015. In particular, regulation 23/24 requires every company to display its registered name and registered address and which part of the UK is the company registered (regulation 6 under the old trading disclosure regs 2008) on its communications whether letters or emails etc. Failure to do so is a criminal offence. Now on balance, I think given all of the above it is more likely than not that the NOA is not a true copy and has been fabricated along with the credit agreement.

Have you started your witness statement yet? if not you need to get on it pronto, usually has to be submitted 14 days before trial.

[nemesis45]

Re: Lowell Portfolio I Ltd v dasher13

Apologies for the delay, I will try to respond as best I can.

If Lowell have submitted their defence by 22nd September, how did they send it, post or email?

The Witness Statement is non-compliant at all and contains far too much argument from what I see, therefore liable to be struck out. There is already plenty of case law on this about witness statements and putting forward legal arguments. As is clear below, a witness statement is used for statements of fact not legal arguments or opinion or anything else but a concise outline of the claim and how it has come about in the Witnesses' own words.

Secretary of State v Fowler & others 2012 (para 47)
"The courts have regularly reminded parties that the purpose of witness statements is to replace oral testimony"

Rock Nominees v RCO Holdings 2003 (para. 81):
It is not being unfair to Mr Wilson to say that it is about the only clear part of his evidence. Before he actually gave evidence we had the somewhat surprising spectacle of finding something like 75% of the witness statement being struck out, as Mr Potts QC conceded in effect the material there, consisting largely of assertions, expressions of opinion and usurpation of my role, should never have been there in the first place.”

You should therefore argue that any paragraph containing legal arguments should be struck out as per the above, which is a good chunk of it including the short counterclaim argument. I would be emailing Lowell's for a copy of their defence which they submitted on the 22nd of September or calling the court and chasing it up as you need it it before the 19 December and keep pressing them. It may be that their defence is possibly their witness statement or something along those lines?

If that is the case then their defence to the counterclaim should be struck out for non-compliance and contains a bare denial - you can't allow bare denials and must give some details as to why they deny the counterclaim. On that basis it should also be struck out for non-compliance. Practice Direction 3A rule 1.6 says a defence may be struck out if it contains a bare denial - https://www.justice.gov.uk/courts/pr...t03/pd_part03a

As for the credit agreement you may need to read through the terms and look for any inconsistencies in there - i've tagged @nemesis45 to assist on that.

seems very coincidental that suddenly the account number is different and there's no proof at all to say this account number on the credit agreement is correct. The a copy of the assignment between Cap1 and Lowell would be the decider which someone from Cap1 confirming the correct account number assigned to you. Michael Woodburn's linkedin profile says he left that role in 2014 to work for another company, yet the assignment letter says it transferred in 2015 which again confirms an inconsistency and perhaps it has been lifted elsewhere. Otherwise this all amounts to fraud and is a serious offence.

In addition to the notice of assignment letter, another anomaly is that it does not contain the requirements set out under the Names and Trading Disclosures Regulations 2015. In particular, regulation 23/24 requires every company to display its registered name and registered address and which part of the UK is the company registered (regulation 6 under the old trading disclosure regs 2008) on its communications whether letters or emails etc. Failure to do so is a criminal offence. Now on balance, I think given all of the above it is more likely than not that the NOA is not a true copy and has been fabricated along with the credit agreement.

Have you started your witness statement yet? if not you need to get on it pronto, usually has to be submitted 14 days before trial.

Just read through the WS and have to agree with [MENTION=71570]R0b[/MENTION] it will have to be greatly modified and edited to avoid some important points from being struck out.

If you think of statement that you would make after an RTI the facts not supposition theories or legal opinion.

I have asked on another post if the agreement is more easily legible that that shown here at present I cannot see if any T's & C's are missing.

However I have a Capone agreement on file from 5 years ago which on one page refers the reader to `the agreement for terms 1.2 etc. is there anything like that on this agreement.

I suspect it's been plucked from micro fiche records.

nem