**WON** Bryan Carter/Lowell Court Claim Form

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

I didnt need to inform them I moved in April 2001 and took out account in 2002

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

So you'd moved before opening the account. Goodness know why the claimants have sent docs to your previous address then. You can point that out to the Judge too.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Just got out of Court and its....Won Won Won. Will put details up later

[Xyther]

Re: Bryan Carter/Lowell Court Claim Form received

Great News

[MIKE770]

Re: Bryan Carter/Lowell Court Claim Form received

Brill!!!!!!!!!!!!:tongue2:

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Thank goodness for that. Look forward to hearing details later.

[Nibbler]

Re: Bryan Carter/Lowell Court Claim Form received

Just got out of Court and its....Won Won Won. Will put details up later

Well done.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Well went to hearing and there was just me and the Judge Carter's never turned up.
The Judge said he had read the papers and my defence. He asked me one question "Did you receive a default notice?" I replied that I hadn't.
He then said he was going to strike out the claim as it was a fundamental breach of the Consumer Credit Act. And that was it 4 minutes at the most.

I take it that as Carters hadn't supplied one in their papers then he believed me rather than them.

The only concern I have is that Lowells invented a payment in 2013 and basically that keeps the claim live. What can I do to get rid of it.

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

PMSL - that sounds great. Nice Judge.

The claim is struck out so they can't bring it again without getting permission. They will have to evidence that payment in 2013 if they ever do try it.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Can I claim costs.?

Also I wish to complain about Carters. Their witness statement said I had submitted an SAR request and they said "the claiment has no record of that request" Yet Lowells sent me all the info in July. A blatant lie. There are lots of other errors in their as well. Who do I complain to.?

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Can I claim costs.?

Also I wish to complain about Carters. Their witness statement said I had submitted an SAR request and they said "the claiment has no record of that request" Yet Lowells sent me all the info in July. A blatant lie. There are lots of other errors in their as well. Who do I complain to.?

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Did you mention to the Judge about costs for today ?

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Complain to the FCA and the SRA.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

I didn't mention to the Judge about costs. I was in that much shock that he had dismissed it so quickly I clean forgot. Is it too late now?

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Depends how much you fancy stirring the nest, they could apply to overturn the strike out so I'd be inclined to leave it. In small claims costs awarded would only have been under £100 I expect, basically how much did it cost you to get here, park and have you lost pay for attending...