judgement for claimant but how ??

[skilganon]

Hi All,

i have to say it is several months since i posted or even visited the site and i have missed it very much.

we have had an extremely difficult 12 months on a personal basis which has kept me from the site

However i have still managed to help a few people win court claims for consumer related issues

i hope to be back on site regularly now and in the future.

My reasons for starting this thread is.... recently i have been helping someone with a credit card debt of around £3k in total, i picked it up after a defence had been submitted and helped as best i could.

to be honest the claimant had come up with NO paperwork prior to filing and serving their WS, when i viewed the paperwork submitted with the WS i honestly expected them to discontinue as their paperwork was nothing more than a joke and non compliant with the CCA.

they did not discontinue and all arguments were submitted ready for the hearing, which really should have been a forgone conclusion.

However the "judge" decided that the claimant whom he " knew very well " were "a very big and creditable company" and therefore would not need to submit any false or non compliant paperwork. NO part of the CCA act was used in his decision his decision was based purely on his opinion of the claimant and his belief that the defendant was a liar !!

no evidence was submitted that was even close to CCA compliancy.

on the basis of this decision ANYBODY who appears before this judge against this claimant will lose even if they ARE NOT the original DEBTOR.

If there is anybody out there who would like to take a look at this case and offer their opinion, it would be much appreciated. We are thinking of entering an appeal against this ' miscarriage' of justice

[MIKE770]

Re: judgement for claimant but how ??

care to enlighten us who this BIG Company is, and details of the case ie. who claimant originally was, taken out when etc etc etc etc etc better idea for a possible set aside maybe??

[skilganon]

Re: judgement for claimant but how ??

Hi MIKE770

thank you for your reply,

yes i will enlighten you on anything you need to know, no problem.

Big, creditable company who buy a lot of debt and are very well know to the judge would be lowells.

claimant were lowell portfolio 1, issuers of the claim were lowell solicitors ltd , who by the way breached cpr 22 3.10 when submitting the claim, but hey what does that matter since they are such a big creditable company, cpr doesnt obviously apply to them.

the case.

defendant entered into an agreement with lloyds banking group regulated by CCA ( incorrect as this was a halifax credit card which were nothing to do with lloyds at the time of inception )

original agreement date according to the claimants WS 25th november, 2002. This time between the defendant and the Royal bank of Scotland.

A default notice was served but not complied with ( no date on this on claim form ) but in the WS it states account was in default as of 20th march 2013

assigned to the claimant on 24/11/15

balance owing 2.7k plus fee and interest

on what grounds could we apply for a set aside judge erred at law ? or basically didnt apply any law ?

if you require any further information please let me know

many thanks

[MIKE770]

Re: judgement for claimant but how ??

judges are lambasting Lowells and their in house solicitors these days been reported? peeps will look in here and advise no doubt but when was the debt taken out/last pay,emt. claimant original?

[skilganon]

Re: judgement for claimant but how ??

defendant unsure as to the actual agreement date but lowells state in their WS that it was 25th november 2002

will try and find the last payment info.

original was allegedly halifax credit card , assigned to the claimant on 25/11/15 , but the bogus notice of assignment allegedly sent by the OC ( but clearly a lowells creation ) does state that the assignment was on 25/11/15 but it is dated 23rd december 2015.

[skilganon]

Re: judgement for claimant but how ??

judges are lambasting Lowells and their in house solicitors these days been reported? peeps will look in here and advise no doubt but when was the debt taken out/last pay,emt. claimant original?

MIKE770

is there anywhere i can go to get information/proof of lowells being lambasted and their solicitors being reported.

what worries me about this is.. that any defendant that appears before this judge has lost before they even enter any hearing !

[Guest]

Re: judgement for claimant but how ??

Good evening I cannot help you but I do hope you get some advice as this clearly cannot go on with these courts and judges breaking the law I will like to follow this post , I to have helped many people and my self over the years ,I cannot help myself at the moment im so out of date with things and the changes that are being made to suit the bankers and debt collecting thieves... all the best

[pt2537]

Re: judgement for claimant but how ??

can i check, when judgment was entered, was there a final trial? did the debtor attend the trial?

If so, then it seems to me that the route to challenge the ruling is either Appeal or Judicial review the latter of which is very difficult to do, the former is equally tricky, but it seems to me that this would be the route to take based on what ive seen so far.

However, appeals require adherence to very tight time scales, so depending on how long since the hearing, it may be an appeal is out of time

[skilganon]

Re: judgement for claimant but how ??

can i check, when judgment was entered, was there a final trial? did the debtor attend the trial?

If so, then it seems to me that the route to challenge the ruling is either Appeal or Judicial review the latter of which is very difficult to do, the former is equally tricky, but it seems to me that this would be the route to take based on what ive seen so far.

However, appeals require adherence to very tight time scales, so depending on how long since the hearing, it may be an appeal is out of time

thank you pt2537 for taking the time to look at this thread , it is much appreciated.

to answer your questions

the hearing was 14th february 2017 so an appeal is certainly not out of time.

an appeal is probably the only way forward as it seems that judges decisions are very well protected

i am not legally trained , but do feel that the defendant has a case they didnt provide a shred of evidence until their witness statement arrived, they sent 2 agreements ( which they referred to as 'the agreement' ) which was nothing more than 2 sets of terms and conditions with the defendants name and address typed in at the top, the first of the 2 agreements had an address which the defendant did not live at, at the time of inception, and also the OC was referred to as RBS , the mound edinburgh. This cannot be correct as this address has always been that of lloyds bank, then lloyds TSB and now lloyds banking group and as this agreement was allegedly with halifax it cannot be a copy nor can it be an accurate recon. !? there are NO signatures on either of these. nor is there even a signature box !

secondly lowells submitted a copy of somebody elses default notice with their name, a/c number and amount owing blacked out !!! and on page 2 of this default notice the date was 3 years out !! and their WS basically said this is a copy of a basic default notice !! it did not relate to the defendant nor the alleged account in ANY way !!

[pt2537]

Re: judgement for claimant but how ??

thank you pt2537 for taking the time to look at this thread , it is much appreciated.

to answer your questions

the hearing was 14th february 2017 so an appeal is certainly not out of time.

an appeal is probably the only way forward as it seems that judges decisions are very well protected

i am not legally trained , but do feel that the defendant has a case they didnt provide a shred of evidence until their witness statement arrived, they sent 2 agreements ( which they referred to as 'the agreement' ) which was nothing more than 2 sets of terms and conditions with the defendants name and address typed in at the top, the first of the 2 agreements had an address which the defendant did not live at, at the time of inception, and also the OC was referred to as RBS , the mound edinburgh. This cannot be correct as this address has always been that of lloyds bank, then lloyds TSB and now lloyds banking group and as this agreement was allegedly with halifax it cannot be a copy nor can it be an accurate recon. !? there are NO signatures on either of these. nor is there even a signature box !

secondly lowells submitted a copy of somebody elses default notice with their name, a/c number and amount owing blacked out !!! and on page 2 of this default notice the date was 3 years out !! and their WS basically said this is a copy of a basic default notice !! it did not relate to the defendant nor the alleged account in ANY way !!

Ok so the consumer will need to file an appeal notice, grounds of appeal within 21 days of the hearing, appealing is tricky and youll also need the copy of the transcript from the hearing, you may be able to get this using public funds but again this isnt something that is freely available to all.

Ive just dealt with a case with 1st Credit where the same default notice appeared, can i ask, on page 2 of the notice is there a date for the consumer to cut up the card and return it to the creditor? just asking as we used this to make a point about the notice and the fact that it wouldnt have provided 14 days to remedy the breach. Theres alot more to this point, but id be interested to see what the default notice said.

[skilganon]

Re: judgement for claimant but how ??

i will attach a copy of what was filed and served, what i need you to know before you view the attached is...

this was NOT redacted by the defendant, has NOT been redacted by myself but was redacted by lowells before submitting it as evidence !?

the default date in their WS was given as 20th March 2013 , look at the date on page 2 ?

[pt2537]

Re: judgement for claimant but how ??

i will attach a copy of what was filed and served, what i need you to know before you view the attached is...

this was NOT redacted by the defendant, has NOT been redacted by myself but was redacted by lowells before submitting it as evidence !?

the default date in their WS was given as 20th March 2013 , look at the date on page 2 ?

That is the exact same document, even the dates on page two match, which was produced in a case i dealt with vs 1st Credit. The Default in that case was declared by the County Court at Southend to be defective and thus the Claim was dismissed for that flaw.

Sounds as if, depending on the arguments put forward at trial, and of course the documents such as the Defence and witness evidence, that the case may have an argument for an appeal. i say this though slightly hesitant as we dont have any papers from the case or documents , witness evidence etc, so its difficult to make an informed decision on the case.

Perhaps the Defendant should consider in these circumstances getting legal advice from the CAB duty solicitor scheme for example

[skilganon]

Re: judgement for claimant but how ??

thank you once again pt2537,

the defendants witness statement did not tackle the default notice just the fact that there had never been one,

however we did file a skeleton argument which i can let you see the contents of, i notice you have mentioned page 2 but can i ask you if page 1 is acceptable as this is clearly not a copy of any default notice sent to the defendant ? but a random default notice with all details blacked out by LOWELLS ! the defendants account no. , name , amount owing and amount needed to remedy any breach is not there ?

i can also let you see any documents that may help , just let me know what you need.

what about the lack of any signed agreement ? as this was 2002 ? they sent a copy of a card upgrade to allegedly fulfill their CCA duties but chose not to submit this into the hearing, instead submitting a load of T & C,s randomly copied.
not compliant with section 61 of the CCA.

[Guest]

Re: judgement for claimant but how ??

I have the same default notice these are surely not right all blacked out the same , these are doing the rounds mine is from marlin Europe 11 and Mortimer Clark, don't know if this is of any help .

[skilganon]

Re: judgement for claimant but how ??

marlin i believe are the same company as mentioned by PT2537 1st credit, probably passed it across the table.

i hope to put up some further documents this evening.