Lowell Portfolio I Ltd v dasher13

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi R0b - Sorry thought I had posted my final draft for my WS but can't see it in the thread. Here it is.

Thanks again.

[R0b]

Re: Lowell Portfolio I Ltd v dasher13

Morning, looks good enough to post off now just make sure to number your exhibits in bottom right corner and change date at bottom to 3 December

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Thank you, thank you, thank you!

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

I have only just noticed that the exhibit form for Lowell's WS has not been signed by them - does that matter??

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

I have only just noticed that the exhibit form for Lowell's WS has not been signed by them - does that matter??

Imho, I don't think it matters.
In Small Claims cases, many of the formal rules re disclosure don't apply.
The standard direction is just that both parties swop documents 14 days before the hearing......if different, the court should give precise instructions.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

hello all - regarding Michael Woodburn's position as a director at Cap 1 I found this.....

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Also this clearly shows he left Cap 1 in 2013 -

https://beta.companieshouse.gov.uk/o...k/appointments

Is this not pretty comprehensive proof that Lowell have submitted fraudulent docs to the court?

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

Hi dasher

Have you heard back from Cap1 yet?

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi charity - had it confirmed today that all the paperwork is on its way to me.

[charitynjw]

Re: Lowell Portfolio I Ltd v dasher13

Hi charity - had it confirmed today that all the paperwork is on its way to me.

It'll be interesting to see what is revealed.
Also bear in mind that it's important to recognise when something should be there....
...but isn't!

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi charity/R0b,

This is getting stranger. Either I am missing something or they are just making this stuff up as they go along.

Just to confirm charity I am still waiting for the documents from Cap1. However, after R0b's advice and me contacting the court I was finally sent the Lowell defence to my counterclaim. Makes for interesting reading and I have attached it. It is dated 21st September 2016.

R0b if you could look at it I would really, really appreciate it. They have said that they are waiting for documents from Cap1 to back up their story - can they do that? I thought they had to be in possession of them to bring a claim in the first place? Also they state they never received my CPR 31.14 requests even though I have the proof that the letters were signed for by both Lowell and Lowell solicitors and the emails I then sent as chasers had auto-responses confirming receipt! They go on to say that it doesn't matter anyway as CPR 31.1 (2) confirms that the rules under this part do not apply to the small claims track. Is this right? Just to confirm I received a letter from the court dated 22nd November to state this case had been allocated to the small claims track. Way after my defence and counterclaim was submitted and this Lowell defence to my counterclaim was submitted to the court.

Back to the defence to my counterclaim and the interesting dates in it....

In this defence to my counterclaim they state that 'the Account was legally assigned to the Claimant on 24 June 2015" but in the Witness Statement of the 23rd November they state "Upon the Defendant's breach of the terms of the Account the cause of action was subject to a legal assignment on 28/08/2014 pursuant to Section 136 of the Law of Property Act from the Assignor to the Claimant."

Am I missing something or have they submitted two completely different dates for the same thing?? Essentially just making this up as they go along?

Also in the absolutely bogus NOA that they attached to their WS it states in it "Capital One sold your account to Lowell Portfolio I Ltd on 24 June, 2015".

Hmmmm.....

Oh and by the way I looked at documents submitted to Companies House by Cap1 and Michael Woodburn resigned from the Board and left Cap1 in 2013...the link to the documents is below. Just as a reminded the bogus NOA submitted by Lowell to the court is signed by Michael Woodburn and dated 16/7/15...!

Any thoughts or advice on all of this would be greatly appreciated!

Thanks again.

dasher


https://s3-eu-west-1.amazonaws.com/d...Jogo6JaWwgU%3D

[Diana M]

Re: Lowell Portfolio I Ltd v dasher13

https://s3-eu-west-1.amazonaws.com/d...Jogo6JaWwgU%3D

I can't open that upload.

Di

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

These are the 31st Dec Cap1 accounts submitted to Companies House.

Will re-post the counterclaim defence also in a sec.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Hi charity - I have had to attach the Lowell defence to my counterclaim as photos. I hope it worked. I can scan tomorrow if not.

[dasher13]

Re: Lowell Portfolio I Ltd v dasher13

Sorry only just noticed another thing! In their defence to my counterclaim they refer in their introduction section to my defence and counterclaim of the 12th February 2016!! This is just bizarre! It went in 6th September - the legal proceedings started 5th August!

Is this deliberate by them to make out they are just useless with dates or something? I am genuinely confused - unless they are just that incredibly useless?

How could any judge think their documents are credible??