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

[FlamingParrot]

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

I have just had this posted to me....... :-)

I AM SUPER HAPPY!!!!!!!

And so am I! :cheer2: :cheer2: :cheer2:

So does this mean that I am free now? Will the court contact me to tell me not to attend the hearing? I feel like calling Lowell and rubbing salt in their wound but i wont.

Yes, you are!

Thank you everybody who helped me with this case. Nemesis, Flaming parrot, Amethyst, Sandy, Mike770, and any others that have helped along the way. I owe you all a beer if you ever come to Manchester

I'm on the train! :lol: :lol: :lol:

Time for our official anthem yet again. :whoo: :whoo: :whoo:

[rocky1987]

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

Hi again everyone,

I have just called the court as I am waiting to hear it from them that the case is discontinued. They told me that they have not received anything yet but that they are a couple of days behind with updating cases. He said to cover my back I should call up again on the 14th the day before the hearing and ask again if it has been stopped.

He said I will be covered with the letter that I received if not.

Thanks again everyone :-)

[nemesis45]

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

Hi again everyone,

I have just called the court as I am waiting to hear it from them that the case is discontinued. They told me that they have not received anything yet but that they are a couple of days behind with updating cases. He said to cover my back I should call up again on the 14th the day before the hearing and ask again if it has been stopped.

He said I will be covered with the letter that I received if not.

Thanks again everyone :-)

Hi Ro,
A couple of days behind is an understatement from what I'm seeing, you will be fine
with the letter just keep absolutely everything relating to the claim.

nem

-

[shirlthegirl]

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

Congratulations Rocky, I wondered how it was all going. Tomorrow is the due date for my papers to arrive from this lot so they are leaving it a bit late here too Hope mine turns out the same way.

[spirit2534]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

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.

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.

It does seem that many DCAs like Cabot & Lowell hope for default judgements since they don't have the paperwork to prove the claim.

[spirit2534]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

doubt they would even turn up let alone trying to introduce documents on the day, any sort of judge would reprimand them let alone sanction them, see what happens in the next week or so, read other threads on this subject and you will get a better understanding as to what possibly may happen next!!:tinysmile_twink_t2:

What you need to understand is that for you this is personal whereas as for your adversaries this is just business (as usual).

[FlamingParrot]

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

Hi can this case ever be reopened? Just wondering how long I should keep the file for?

Thanks again.

IMHO I don't see much reason for throwing paperwork away. I know some people out there are big fans of de-cluttering and all that but paperwork doesn't take up that much room, put it all in one of them plastic envelopes and stash it away.

It does seem that many DCAs like Cabot & Lowell hope for default judgements since they don't have the paperwork to prove the claim.

That's exactly what they have in mind, they take advantage of the fact that there's no requirement to attach documents to claims issued electronically using MCOL. :mad2: :mad2: :mad2:

Over 75% of money claims end in default judgment!

• Many people move without informing their creditors, which seems like a good idea, only they are allowed to serve a claim at the debtor's last known address, we have many on here who only find out they have a CCJ when they check their credit file or, worse, when they get an attachment of earnings order in the post! :scared:
• People often don't open the post, especially nowadays when we no longer get any personal correspondence by post with the exception of greeting cards, and these are rather obvious.
• After receiving lots of threats from DCAs, many think the claim form is just one more and decide to ignore them. mmph:

[rocky1987]

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

I've been calling the court everyday since I received my discontinue notice from Bryan Carter and the court said they have not received anything. So as far as they are concerned the hearing is still set to the 15th. I do hope they don't receive anything as I will love to turn up to court on the 15th with my letter of discontinuance and hopefully Bryan Carter and Lowell will get into trouble. I'm also going to point out the cpr 38.6 and show my expenses for Lowell to just discontinue.

[judgemental24]

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

Courts do run about 4 days behind

You need to allow another 2 days for Carter to stop breaking his pencil in drafting the discontinuence to the court as well

[FlamingParrot]

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

I've been calling the court everyday since I received my discontinue notice from Bryan Carter and the court said they have not received anything. So as far as they are concerned the hearing is still set to the 15th. I do hope they don't receive anything as I will love to turn up to court on the 15th with my letter of discontinuance and hopefully Bryan Carter and Lowell will get into trouble. I'm also going to point out the cpr 38.6 and show my expenses for Lowell to just discontinue.

This is actually a very good idea :clap2: and I seem to remember a similar case on here some time ago where the hearing had not been vacated and it was all set to go ahead despite issuing a letter of discontinuance. :ohwell:

[rocky1987]

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

Ok I will keep you updated. I'm looking forward to Thursday's meeting with the judge. :-)

[mystery1]

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

Don't forget cpr 27.14 2 g as that's the basis for the claim. List everything they did unreasonably (which doesn't include bringing a claim but may include bring a claim with no intent to get a judgement).

M1

[rocky1987]

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

Hi the court still have not received the discontinuance letter that I received. Two more days and Lowell are going to be in trouble :-)

[Kati]

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

Have you emailed a copy to the court [MENTION=65331]rocky1987[/MENTION]? Or are you waiting 'til Thursday and taking the letter in?