**CASE DISMISSED** BW Legal / Lowells - Sandy Ago

[Sandy Ago]

Hi folks... I thought I would join in here as I, too, have been informed of a mystery payment which supposedly negates my claim of a statute barred debt.
I heard from the Northampton County Court in January 2015 that Lowells and BW Legal were claiming for a Capital One debt, assigned to them in September 2006. I have defended on the grounds of it being statute barred and Lowells simply confirmed they intended to proceed with the claim.
This has now gone via the Small Claims Track to mediation which is when I learned of the alleged payment, supposedly made to Capital One in April 2009. BW Legal could not provide any details of the payment (other than the date) so the mediator held the case as pending further information.
It seems odd to me that a payment would be made to the original creditor when the account had been sold some two and a half years earlier!
I am certain I have made no payment (nor acknowledgement) and that this matter is statute barred but, to make sure, I checked my bank accounts and not only confirmed no such payment had been made, but also that I was out of the country during the period in question!
I'm not sure what happens next but figure mediation has failed so a court hearing is due. Presumably Lowells/BW Legal will have to provide the full details of this alleged payment at or before any hearing?

[MIKE770]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Send prove it letter i.e. when/how/ paid by/ Bank etc etc sounds another of the famous fictitious payments.

[nemesis45]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Hi folks... I thought I would join in here as I, too, have been informed of a mystery payment which supposedly negates my claim of a statute barred debt.
I heard from the Northampton County Court in January 2015 that Lowells and BW Legal were claiming for a Capital One debt, assigned to them in September 2006. I have defended on the grounds of it being statute barred and Lowells simply confirmed they intended to proceed with the claim.
This has now gone via the Small Claims Track to mediation which is when I learned of the alleged payment, supposedly made to Capital One in April 2009. BW Legal could not provide any details of the payment (other than the date) so the mediator held the case as pending further information.
It seems odd to me that a payment would be made to the original creditor when the account had been sold some two and a half years earlier!
I am certain I have made no payment (nor acknowledgement) and that this matter is statute barred but, to make sure, I checked my bank accounts and not only confirmed no such payment had been made, but also that I was out of the country during the period in question!
I'm not sure what happens next but figure mediation has failed so a court hearing is due. Presumably Lowells/BW Legal will have to provide the full details of this alleged payment at or before any hearing?

Hi welcome to LB.

How much is the alleged payment for??

nem

[Kati]

Re: BW Legal / Lowells - Sandy Ago

Hi [MENTION=65560]Sandy Ago[/MENTION] ... I've moved your posts to a new thread so you get advice tailored to your own issues
You're in good hands with Nem
K xx

[Sandy Ago]

Re: BW Legal / Lowells - Sandy Ago

Hi and thanks

The alleged payment is £20.00 - as yet I don't know how it was made eg card payment over the phone, bank transfer, cheque etc

S

[Sandy Ago]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Yes, I'll do that... I know it hasn't come from my account... if this does go to court I hope the judge takes view of it.

I'm also drafting complaints to Trading Standards, the FCA and the OFT regarding Lowells behaviour

- - - Updated - - -

Hi @Sandy Ago ... I've moved your posts to a new thread so you get advice tailored to your own issues
You're in good hands with Nem
K xx

Many thanks, Kati... I hope sharing my experience may help others too

[nemesis45]

Re: BW Legal / Lowells - Sandy Ago

Time to put Lowell to " strict prof" I think.

Try the Following.



For The Personal Attention of:

Mr Andrew Bartle
COO Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AH


Date.........:

ref: County Court Claim No.....................................:

Dear Mr Bartle,

I refer you the claim mentioned above which is being handled by BW Legal on behalf of Lowell.

I have stated that the alleged debt is statute barred and Lowell via its representative has claim a payment to the original creditor on
date...............................: This date is I believe some considerable time after Lowell acquired the alleged debt.

I have rigorously investigated my credit history, bank accounts and records and have confirmed that no such payment was made or authorised by me at any time.

Lowell has failed to provide unequivocal proof of how the alleged payment was made or by whom it was made, or the method of payment.

I am also able to state that I was not in the UK at the time the payment was allegedly made.

I have also been made aware of numerous incidents where Lowell has claimed " mysterious" one off payment when a debt is challenged as being statute barred.

Lowell claim is therefore refuted and I suggest Lowell instructs its representative to immediately withdraw the claim.
Copy to BW legal as well.

use signed for post.

nem

[Sandy Ago]

Re: BW Legal / Lowells - Sandy Ago

Time to put Lowell to " strict prof" I think.

Try the Following.



For The Personal Attention of:

Mr Andrew Bartle
COO Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AH


Date.........:

ref: County Court Claim No.....................................:

Dear Mr Bartle,

I refer you the claim mentioned above which is being handled by BW Legal on behalf of Lowell.

I have stated that the alleged debt is statute barred and Lowell via its representative has claim a payment to the original creditor on
date...............................: This date is I believe some considerable time after Lowell acquired the alleged debt.

I have rigorously investigated my credit history, bank accounts and records and have confirmed that no such payment was made or authorised by me at any time.

Lowell has failed to provide unequivocal proof of how the alleged payment was made or by whom it was made, or the method of payment.

I am also able to state that I was not in the UK at the time the payment was allegedly made.

I have also been made aware of numerous incidents where Lowell has claimed " mysterious" one off payment when a debt is challenged as being statute barred.

Lowell claim is therefore refuted and I suggest Lowell instructs its representative to immediately withdraw the claim.
Copy to BW legal as well.

use signed for post.

nem

I wrote to Lowells as above, adding that I wish to lodge a formal complaint and advising I'm also complaining to CCA, OFT and Trading Standards.

I have today received a letter from BW Legal, again stating they don't think my defence will be successful and providing copies of documents including a 23 page "statement of account" which appears to be totally meaningless. It starts in January 2003, ends in September 2012 and despite some rising and falling amounts of balance shows only one, single, payment of £20.00.

At Mediation (some 2 weeks ago) the representative from BW Legal told the Mediator the alleged payment was £20 and made on 15/4/09. This statement shows the payment to be £20 but made on 11/03/09. No further details of this mystery payment have so far been provided.

I have also heard from the court that this case is being transferred to my local court and to wait for directions from a judge.

The Mediator e-mailed both myself and BW Legal confirming that an alleged payment of £20.00 was said to be received by Capital One on 15/04/09 and that the matter was held in abeyance for 24 hours pending detailed confirmation etc. Am I able to use this e-mail as part of my defence? I understand that mediation is confidential but there is now a written record of that claim. Also it adds to the suggestion that Lowells and/or BW Legal are attempting to mislead the court as they previously claimed the payment to be in April but, now, say it was March.

Surely the claimant should have come to court with full details of any evidence it intends to rely on... this matter is clearly Statute Barred save for this one mystery payment, yet they have nothing other than saying a payment was made and, then, seem to be struggling with knowing when it was made!

Incidentally, I am sure I have made no payment and I am certain I would not have made any payment to Capital One almost 3 years after the account had been closed through its sale to Lowell. Nevertheless I have re-checked my bank statements and confirmed no such payment has been made from my accounts.

I have to presume this case is continuing. Lowells have, again, offered me a without prejudice discount of 20% and asked me to confirm if I still wish to proceed with my complaint. I'm hoping the judge will direct both parties to come prepared with full details of any evidence, at which point Lowells will perhaps withdraw.

[MIKE770]

Re: BW Legal / Lowells - Sandy Ago

I have also been made aware of numerous incidents where Lowell has claimed " mysterious" one off payment when a debt is challenged as being statute barred


Leave out as Lowells may stop this tactic, as the very tactic is useful in any defence, i.e. prove the payment/how/when by whom, do not spoil it for others!

[Sandy Ago]

Re: BW Legal / Lowells - Sandy Ago

I have also been made aware of numerous incidents where Lowell has claimed " mysterious" one off payment when a debt is challenged as being statute barred


Leave out as Lowells may stop this tactic, as the very tactic is useful in any defence, i.e. prove the payment/how/when by whom, do not spoil it for others!

Yes, a good point... I thought the same so missed it out on my letter to BW Legal... I was thinking of saving that for my complaints about their behaviour to OFT, CCA and Trading Standards Dept... maybe also to my MP!

[MIKE770]

Re: BW Legal / Lowells - Sandy Ago

all been done before and response noted on file. Enough people get onto them then something may be done, but again the antics give leeway in their dealings with lowells etc simply SRA FCA really do not want to know.

[nemesis45]

Re: BW Legal / Lowells - Sandy Ago

Nothing included in or evolving from the mediation can be used in court.
nem

[Sandy Ago]

Re: BW Legal / Lowells - Sandy Ago

Nothing included in or evolving from the mediation can be used in court.
nem

although the alleged payment did not arise out of mediation... it is the basis of their claim in an attempt to negate it being statute barred!

[nemesis45]

Re: BW Legal / Lowells - Sandy Ago

Leave the letter as is make Lowell aware that you know of their dirty tricks and are not afraid to say so.

All Lowell want is for you to back down and pay up!!

nem

[Sandy Ago]

Re: BW Legal / Lowells - Sandy Ago

just a quick update... I have now heard from Northampton court that my case is being transferred to my local court, however they seem to have lost the paper file so have requested I provide my local court with a copy of my defence!