**DISCONTINUED** Lowell portfolio /Bryan Carter V Rocky 1987

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Agree with Nem and Kati,they're trying it on and holding out to pressurise you into submission.

Stand your ground,they have to prove you've made the payment,it isn't you who needs to provide proof you haven't paid.

I'd actually be considering their action to be vexatious and certainly would be informing their client and contacting your MP illustrating how dishonest and recklessly they are behaving.

A bit early for such an approach as we don't have the full story.
If this is reported anywhere if the payment is spurious it should be to the FCA.

nem

[Kati]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

If you want to email me the letters you've received, I'll happily post them up for you xx
kati@legalbeagles.info

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Thanks Kati,
Could be a great help as Rocky is in the middle of exams and is already stressed:tinysmile_twink_t2:

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi

Here is the letter that they sent me. I checked on the original letter that i sent them I included the wrong reference but they have pointed out the account that I am discussing. The other account on the letter is something that I am not worrying about at the moment.

Hope you guys can help. I am feeling alot more relaxed now as I only have 2 exams left out of 4 (never study a degree in aerospace engineering its HARD!!

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Thanks Katie, I have uploaded it myself. thanks for your help lets see what they do about this?

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Rocky.

How was the exam??

This payment Lowell allege, do you have any memory of it?

Lowell must prove that you personal made this payment so a reply is in order., but I see there is a partially obscured entry on the bottom of the letter statin " the last payment receive by us 31st August" the rest is redacted.

nem

[MIKE770]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Rocky.

How was the exam??

This payment Lowell allege, do you have any memory of it?

Lowell must prove that you personal made this payment so a reply is in order., but I see there is a partially obscured entry on the bottom of the letter statin " the last payment receive by us 31st August" the rest is redacted.

nem

looks like ??12

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Nem,

I didn't mean to blur that part out must of done that whilst i was editing it. Although that account is not for the one that lowell have set the claim for. That is another account that i have been paying off. The 3 mobile account one i never knew existed and only knew about it after the court contacted me with the claim.

I checked my bank statement no payments have been paid to them in that year or any years before that date.

Cheers
Ro,

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I have paid lowell in 2012 for the second debt on that letter but not for this debt with 3. I never knew this one existed.

- - - Updated - - -

i hope im not confusing you.

[Kati]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

bumping for [MENTION=55034]nemesis45[/MENTION] :tinysmile_twink_t2:

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

HI Rocky don't worry I easily confused

Ok Have you ever had a phone contract with 3 Mobile?

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Nem,

Yes I had a contract with three mobile years ago. I have not heard from this debt until I received the court claim in April. I sent my letters requesting the CPR to Bryan carter who ignored my request and sent there templates back. I sent a letter to Lowell saying I do not have this debt and that I am unsure of it could they send me proof within 7 days . They ignored this. the debt is statute barred as my last payment was made in 2008. I submitted my defence saying that the debt is statute barred and that Lowell never replied to me with proof of the debt so that I could defend myself.

After submitting a week and a half later Lowell come back to me saying that they have this 3 mobile account and (another old account for a catalogue.

They are saying that they received a payment on 4th June 2009 I have checked my statements and no payment was taken from Lowell so I know I have not made any payments. I am 100 percent sure that I have not acknowledged this debt until I received the court claim. What do you advise I do. I have submitted defence which I cannot change. And how do I go about replying to Lowell with regards to them saying I made a payment?

Cheers Ro

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hello Rocky,

How much is the " mystery" payment?

Put Lowell to strict proof of the origins of the payment.

e.g. In reference to Lowell's claim that a payment of £........... was made to the alleged debt on xxxxxxxxxx 2009 I require the following information to be disclosed.

1. The means by which any alleged payment was made: Cheques, Postal Order, BACS, Cash at Bank, Online.


2. If a cheque was used: The Following information is required: The name of the bank on which the cheque was drawn, The Address and sort code of the bank, The name of the account holder, and the account number as it appeared on the cheque. The date the cheque was cashed.


3, If a postal order was used: The name of the issuing post office, and its unique ID, the PO number and the date it was cashed.


4. If a BACs payment was made the name of the originating bank, the account number of the person authorising the payment.


5. Payment by cash credit at a bank, the name of the bank through which the payment was made and the name of the person as it appeared on the credit slip.

If Lowell cannot provide unequivocal proof that any such alleged payment was made by me, my statement that the alleged debt is statute barred stands.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Nem,

They have not told me how much the payment was for it just says they last received a payment on 4th June 2009. Should I write to them and Bryan Carter and say I need evidence of a payment. Using the template you have just sent? Surely Bryan Carter should of responded now with regards to my defence which was filed over 2 weeks ago.

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Rocky Carter has 28 days to respond and more often
than not files late or not at all leaving the court no option
but to stay the claim.

If you have not had notice that Carter/ Lowell intends to continue
by 28 days + 2 from the date you filed your defence phone the
court as if the claim is stayed you will Not be notified.

Yes get that letter off to Lowell and a copy to Carter.

nem