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

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I thought i had to include copies of my letters sent to lowell and bryan carter with my witness statement. So i have just copied my defence into the moneyclaim site and the witness statement. Hopefully they will request copies of these from me.

Thanks again Nem,

Hopefully I will hear something back soon

Ro.

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Get your Defence and WS laid out in hard copy as well.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi do I just wait around now to be contacted after I submitted my defence? I have not heard anything yet. Would I usually get a response from the court or Bryan Carter once defence is submitted?

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi,

So this morning I received a letter from Lowell saying:

They received the letter from me believing the account to be statute barred.
They are saying that the last payment was made on the 4th of June 2009. And in addition legal proceding have been issued against me on the 28th (court claim)

I have once again gone through my bank account and it has no payment on the 4th of june. I even rang three again and they said the last payment that they received was 2008.

What do i do now as I have already submitted my defence and im really worried now. I feel sick.

Thanks in advance
Ro

[BLUEOTTER]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

They can keep this going all the way up to court date,the onus will be on them to prove the account is statute barred,not you.

I'm sure more learned forumites will confirm this for you.i'd be inclined to point this out to the dca who have this debt and state that you believe they are being misrepresented by their legal counsel. Interested to know what senior forumites make of this angle.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok so hopefully I will be ok. I just dont understand how they can say I made a payment on the 4th of june 2009.

Thanks

[Sandy Ago]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi [MENTION=65331]rocky1987[/MENTION]... I have the same thing going on where they claim a mystery payment, so far, totally unsubstantiated as they can provide no actual details.
It seems a common trick of theirs to try and get round the matter being statute barred. Demand proof from them... how was the alleged payment made, bank transfer or debit card, in which case they should be able to confirm card number, payee, sort code and account number etc

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

It's crazy isn't it. I thought I could just sit back and wait until I hear back from my defence. Lowell never responded in the 7 days that I asked them to either. I don't need this added stress I have my first uni exam today :-( hopefully [MENTION=55034]nemesis45[/MENTION] will respond soon and tell us where we stand with this.

Regards
Ro

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hello Rocky.
On what did you put a 7 day limit, CPR31.14, a response to defence Lowell Has 28 days to respond to your defence.
You now have another date I see Last payment 2008 so definitely SB I believe,
.
You do need to get that date in writing asap. and amend defence.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Nem, thanks for responding. Yes it was a CPR request that had 7 days for Lowell to reply and they sent the reply on the 21st June well after I asked. I submitted my defence almost 2 weeks ago with the defence that it is statute barred and I spoke to three and they confirmed my last payment was January 2008 but they cannot give me written proof of that as the system does not allow it. I also said in my defence that Lowell or Bryan Carter have not provided me with the evidence of the agreement and default notice of alleged debt.

And now I receive this letter after submitting saying I made a payment in June 2009. How can I amend my defence once it has been submitted? And with regards to this alleged payment what do you advise?

Thank you.

Off for an exam now feeling stressed

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi again any more advice very much appreciated.

[Kati]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

@nemesis45

Thanks Kati xx

nem

- - - Updated - - -

@nemesis45

Thanks Kati xx

nem

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Rocky,

I suspect this is another Lowell " 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.

Please when you can post a copy of Lowell/Carters letter here, then we can attack it from there.
Don't stress over this it's becoming a regular scenario with the Leeds Lowlife inventing payments
especially on phone accounts where paperwork is scarce and records are poor!
Good luck with the exam Rocky!!

nem

[BLUEOTTER]

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.