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

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I was even considering writing a letter to Lowell and just saying i will pay half of the alleged debt with my student loan in September just because I am worried that this may lead to a ccj and I am hoping to get a mortgage in the next few years once I finish uni and I don't want a ccj on file. But then I think why should I when this debt is so old and something that I really do not remember having.

If the debt is statute barred as you seem to think, it would be a waste of money to pay even half of it! If it turned out not to be SBd and they were able to produce all the paperwork (two big IFs), you could always avoid a CCJ by settling with a Tomlin Order, so try not to worry too much, there's always a solution. :thumb:

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok Rocky.

I''ll do this later for you, have a hectic morning ahead after nearly week enjoying meself:tinysmile_twink_t2:


nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Thank you Nem you are a star. I will go and post this small claims questionnaire off today and wait for you to reply tonight.

Flaming Parrot, what is a tomlin order? I guess I won't offer to pay I am just starting to get fed up with this but maybe that is what Carter and Lowell want me to do.

Thanks again to both of you for your help and advice.

Ro.

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

A Tomlin (consent) order is drawn up between the parties to a claim
( usually as a result of mediation) where an agreement is reached in
regard to how a debt will be repaid it is binding on both parties once
sealed by the court and as long as the terms of the order are met there
is no judgement recorded.

If the agreement is breached by the debtor the claimant can seek immediate
judgement which will be recorded.

Lowell/Carter often use the " offer " of mediation and Tomlin Order to persuade a
debtor to agree a payment when their claim is uncertain.

nem

[Andreas]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

"lets invent a payment " ploy in the hope you will just give up!
Beagles and member debs65 had a great result with a " mystery" payment/statute barred case
this week, this resulted from debs standing her ground on the spurious payment and putting
over that she knew nothing about the payment or the alleged origin of it.

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Flaming Parrot, what is a tomlin order?

A Tomlin Order is a type of consent order that has the effect of staying proceedings whilst you keep to the terms of the order, if you default, they can request judgment, however, as long as you keep making the agreed monthly repayments, there is no CCJ on record. That means they get their money just the same but without the damage that a CCJ can cause you. Some examples can be seen here:http://www.legalbeagles.info/forums/...221#post485221

This is purely for reference, since you asked the question and were worried, however, I wouldn't even think about at this stage.

I guess I won't offer to pay I am just starting to get fed up with this but maybe that is what Carter and Lowell want me to do.

Thanks again to both of you for your help and advice.

Ro.

They are issuing claims like confetti, mostly on statute barred debts. :mad2: :mad2: :mad2:

Sadly a lot of people are not on these sites and will either ignore or admit the claims without looking further.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi

I have just got in from work and found this letter in the post box so Lowell are trying negotiate.

Nemesis, did you manage to quickly write me a short draft letter inviting Carter to ask Lowell to withdraw the claim? I know you are busy though so whenever you get a couple of minutes.

Ro

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi

I have just got in from work and found this letter in the post box so Lowell are trying negotiate.

As with the rest of the correspondence Mr Carter uses, this is one of his standard templates which he sends out upon receipt of a defence from the court. In reality they only have to notify the court of their intention to proceed but he's obviously trying to see if someone bites and gets in touch after receiving the letter, however, there is no need to respond.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

OK so I can basically just ignore this carter letter? What do you advise is my next step? Do I send off the small claims track questionnaire and agree that the small claims track is the appropriate track for the case, even though carter and Lowell have not provided me with any information on the debt apart from saying that I made a payment which I have no record of on my bank statements etc. As yesterday I was told that mediators will decline to proceed with mediation. So I am stumped wondering what I do with this form.

Imagine if I would not of found this website I would of probably failed my exams with stress.

Cheers
Ro

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

OK so I can basically just ignore this carter letter? What do you advise is my next step? Do I send off the small claims track questionnaire and agree that the small claims track is the appropriate track for the case, even though carter and Lowell have not provided me with any information on the debt apart from saying that I made a payment which I have no record of on my bank statements etc. As yesterday I was told that mediators will decline to proceed with mediation. So I am stumped wondering what I do with this form.

You need to fill in and return the form. There is no reason not to agree that the small claims track is appropriate, cases are allocated according to the value of the claim and almost all claims below £10k are allocated to small claims. You need to provide details of your local court in box D1 as well as any dates when you don't expect to be available to attend a hearing in the next six months (for example, if you've got a holiday booked) under D4.

No need to ask for permission to use expert evidence and just one witness (yourself) will give evidence.

Imagine if I would not of found this website I would of probably failed my exams with stress.

Cheers
Ro

Just as well you found us! :clap2:

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Thanks Flaming your a star. I just need a draft letter to send to carters now which Nem said he would help me with and then I am done for a couple of days or weeks maybe until i hear something else.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Nem,

Sorry to bother you have you had chance to draft me a letter that I can send to Carter.

Cheers
Ro

[enaid]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Bumping for Nem if he has a mo x

[Kati]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Nem,

Sorry to bother you have you had chance to draft me a letter that I can send to Carter.

Cheers
Ro

Bumping for Nem if he has a mo x

[MENTION=55034]nemesis45[/MENTION]??

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

@nemesis45??

Got been up to me neck and muck and bullets.
nem