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

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok thanks for that info I guess its just another case of waiting and seeing what happens now.

When get my hearing date what can I expect? I am really nervous I have never set foot in a court in my life :-(

It may not get as far as that, Mr Carter's clients are not very likely to be able to produce any documents.

You will soon receive a letter from the lovely Mr Carter with proposals to settle this out of court. No, I've not bought a crystal ball, that's what he's been sending to everyone. Sounds like his new strategy to try and get some ca$h out of the punters who defended saying no documents were provided. :ranger:

[BLUEOTTER]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Good advice, they do get upto the most appalling tactics, good luck rocky, like the good people say I really doubt this will get to court, game of bluff almost at an end.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi I just want to let you know that I have not received anything or heard anything still. I am just stuck in limbo at the moment :-(

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi I just want to let you know that I have not received anything or heard anything still. I am just stuck in limbo at the moment :-(

Once the defence is in the claimants hands they have 28 days to respond if they fail the court of its own volition stay the claim, so nearer the end of the 28 day period check with the court on the status of the claim as you will not be informed if it is stayed.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I received the letter that it was going to mediation but as I received nothing from Carter mediation was not an option. The case just says transferred to my local court. I am going to call up now and ask what is going on.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi I have just spoke to the court and they said that it was only put to a judge yesterday and that it will take a couple of weeks to hear anything. What does this mean? I haven't received any notification of a hearing date or anything. I was just told that it was being transferred to my local court on the 7th July. Does this mean the judge would of had all the documents and carter would of been there to represent themselves without me? Surely they have to inform me of any court dates so that I can attend. Totally bricking it now.

[MIKE770]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

calm down! it is normal procedure, you will be notified what to do next from the Judges directions, refer yourself to Para111, also look at other lowells threads and you will see the stupid pattern Farters etc take before going ahead/. discontinuing!

[Sandy Ago]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I'm sure this just means that your case has been transferred to your local court from Northampton. The case papers are looked over by a judge who then decides whether it is for the small claims track etc and then the court will write to both sides advising a date, time and venue for the hearing.
The letter you get will be something along the lines of District Judge xxxxxx has considered the statements, allocated the case to small claims track and providing a date by which all parties must submit their written statements. A date will be set for the hearing and the claimant told to pay a hearing fee by an earlier date otherwise the case will be removed from the list. The Court should be informed if the case is settled before the hearing and that the hearing fee can be refunded if the case is settled or discontinued at least 7 days before the hearing.
I would expect the claimant to continue right up to the last moment... if they miss the deadline to pay the hearing fee, the court will just write to them giving a further 7 days to pay! They can always discontinue and claim a refund of the hearing fee in the hopes you will stress out and give in or fail to attend etc.
My case is due to be heard very soon and this is where they have alleged a mystery payment but have been unable to provide any evidence... watch this space to see how I get on!

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi I have just spoke to the court and they said that it was only put to a judge yesterday and that it will take a couple of weeks to hear anything. What does this mean? I haven't received any notification of a hearing date or anything. I was just told that it was being transferred to my local court on the 7th July. Does this mean the judge would of had all the documents and carter would of been there to represent themselves without me? Surely they have to inform me of any court dates so that I can attend. Totally bricking it now.

Rocky nobody but a judge and the court staff and a judge have seen anything certainly not Carter there has been no hearing this is court procedure!

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Nemesis, Flaming parrot and everybody else who has helped me so far (very much appreciated)

I failed my exams which is the reason I have not been on here much. I have my resits in a couple of weeks so I will be knuckling down hard as I do not want this case stressing me out any more.

Well I received this attached letter on Friday which is not much of a surprise. I just want to know is there anything I should do now? I want to be prepared if Carter keep up the claim and I have to attend the hearing. What will happen in the hearing will I be made to feel like a criminal? I am really worried.

I was thinking could I take a copy of a print screen of my credit file and mention to the judge that as mentioned in my defence I believe that the debt is statutory barred. And that as of the last 3 years I have been trying to improve my credit rating and this debt has not been on there for as long as I can remember.

Again I will mention that I have not received any documents to back this claim up, no proof of the alleged payment has been provided to me so it has left me stuck as I can not find any information about the debt other than what they have told me.

Cheers
Ro

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Nemesis, Flaming parrot and everybody else who has helped me so far (very much appreciated)

I failed my exams which is the reason I have not been on here much. I have my resits in a couple of weeks so I will be knuckling down hard as I do not want this case stressing me out any more.

We'll be keeping everything crossed for you. ray: ray: ray:

Well I received this attached letter on Friday which is not much of a surprise. I just want to know is there anything I should do now?

Not much, this is just routine and up to the claimant to pay up if they wish to carry on. :ranger:

I want to be prepared if Carter keep up the claim and I have to attend the hearing. What will happen in the hearing will I be made to feel like a criminal? I am really worried.

No, this is not the Magistrates Court, it's a totally different kind of court and this is a civil case. The court will order them to send you the documents at least 14 days before the hearing. They may well have to discontinue the case if they can't come up with anything. ray: ray:

I was thinking could I take a copy of a print screen of my credit file and mention to the judge that as mentioned in my defence I believe that the debt is statutory barred. And that as of the last 3 years I have been trying to improve my credit rating and this debt has not been on there for as long as I can remember.

The burden of proof is on the CLAIMANT to show it's not SBd, by showing that you have made a payment or acknowledged the debt in writing in the last six years, not on you to show that you haven't done any of that. I would like to refer you to this other case where the lowlifes LOST the SBd argument in court despite their attempt to make up a phantom payment. :whoo: :whoo: :whoo:

Yay... time to chalk up another victory for the Beagles!
I just had my hearing where Lowells were represented, nevertheless the judge was not satisfied they had discharged their onus of proof that this matter was not statute barred.
The document they called a statement of account was not accepted as an accurate record, neither was it proved any alleged payment had been made therefore the claim was dismissed.
Grateful thanks to you all... @nemesis45, @FlamingParrot, @MIKE770 and @Kati I couldn't have done this without your help.

Bear in mind your credit file is not proof that the debt is SBd, (not that you have to provide proof, in the case above THEY were put to strict proof) a lot of people make payments after defaulting, sometimes for many years. All those people who are on DMPs with Stepchange, etc. will have seen their defaults drop off long before the debts became SBd.

[Sandy Ago]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Rocky,
I had my hearing last week and won my case. I don't think there is much you can do right now other than wait to receive a copy of Lowell's witness statement together with any supporting documents. Although it doesn't specifically state in your letter from the court that all parties must submit any documents on which they intend to rely 14 days before the hearing date, it does make reference to Part 27 of the Civil Procedure Rules and the standard directions mentioned there contain that requirement... I'm sure Flaming and Nem can confirm that.
As far as the hearing is concerned, you will not be in open court, just a private room with you, the judge and (if they turn up) a representative from Lowell. It's very informal and, depending on the judge, may be a question and answer session or a straightforward conversation where both sides get to state their case after which the judge will summarise what he has heard and decide one way or the other.
As your defence is this matter is statute barred, the onus of proof to the contrary lies firmly with Lowell... it is not enough for them to say a payment was made, they have to prove it was made and made, or authorised, by you. If they can't prove the payment, their claim has no merit and they should lose.
In my case, Lowell produced a 30+ page document which it called a "Statement of Account" but it didn't stand up to scrutiny and, basically, just said a payment was received but gave no other detail. The judge threw it out saying he was not satisfied it was an accurate reflection, agreed that Lowell were unable to prove the payment and dismissed their claim.
Whilst criminal cases have to proved beyond reasonable doubt, civil cases are decided on the balance of probabilities. If the original creditor had sold your case on to Lowell then they would not be chasing you for payment, so it's unlikely you would pay them... particularly as Lowell make it very clear in every piece of correspondence that all contact and payments should be made to them! It is far more likely that, if indeed the payment was actually made, somebody else made it and it was incorrectly applied to your account... it happens... perhaps someone with a similar name or just mis-typed account numbers. As also suggested earlier, it could have been a refund of charges etc so simply saying a payment was made is not sufficient.
I think they are just trying to intimidate you into making an agreement before the hearing. They haven't sent you any documents and perhaps have none but they keep up the pressure anyway. It may not feel like it to you, but so far you are in the winning position... just have to wait and see what they come up with!
Good luck.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Thank again it's a relief to have people helping me. I will sit and wait it out now then and see what happens. :-)

And congratulations on winning your case Sandy. I cannot wait to see lowells face when I win!! :-)

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Rocky,
I had my hearing last week and won my case. I don't think there is much you can do right now other than wait to receive a copy of Lowell's witness statement together with any supporting documents. Although it doesn't specifically state in your letter from the court that all parties must submit any documents on which they intend to rely 14 days before the hearing date, it does make reference to Part 27 of the Civil Procedure Rules and the standard directions mentioned there contain that requirement... I'm sure Flaming and Nem can confirm that.
.

What does this mean?

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

What does this mean?

It's ok Rocky just an explanation of the way the court system
processes work.