**CASE DISMISSED in court *** brian carters letter Help needed..!!

[g-man13]

Re: brian carters letter Help needed..!!

No agreement in sight, but they say they have requested one from the creditor and will forward in due course. I assume this can't be produced in court as there is no mention of it on their WS.

Any ideas on what I should do next?

[g-man13]

Re: brian carters letter Help needed..!!

[MENTION=55034]nemesis45[/MENTION]

Hi Nem,

point 5 on their witness statement says notice of assignment took place on 08/07/12, however the evidence they have supplied clearly say 08/07/14.. Is this something I can use against them or will the judge accept it as a typo?

G

[nemesis45]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

point 5 on their witness statement says notice of assignment took place on 08/07/12, however the evidence they have supplied clearly say 08/07/14.. Is this something I can use against them or will the judge accept it as a typo?

G

Worth keeping a note of G.

- - - Updated - - -

@nemesis45

Hi Nem,

point 5 on their witness statement says notice of assignment took place on 08/07/12, however the evidence they have supplied clearly say 08/07/14.. Is this something I can use against them or will the judge accept it as a typo?

G

Worth keeping a note of G.

[charitynjw]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

point 5 on their witness statement says notice of assignment took place on 08/07/12, however the evidence they have supplied clearly say 08/07/14.. Is this something I can use against them or will the judge accept it as a typo?

G

Hi G

They've referred to s 136 LoPA 1925.

Have a peep at s196 (particularly #4)

http://www.legislation.gov.uk/ukpga/...20/section/196

Also

http://news.rkllp.co.uk/?p=391

Bear in mind that a good notice will remedy a bad one if they catch wind! :tinysmile_twink_t2:

[g-man13]

Re: brian carters letter Help needed..!!

[MENTION=55034]nemesis45[/MENTION]

Hi Nem,

Sorry to be a pain!!

The WS is dated today, so am I right in thinking that it will not have been submitted to the court yet. The deadline was the 15th, will this make any difference?

Also, I have emailed the legal assistant looking after the case to ask if he has received my WS, because it is pretty clear from his WS that he hasn't read mine!!

Any advice on my next move?

Do you think it is worth sending him my WS, with a polite note to remind him of the fact that without the agreement the debt remains unenforceable and to ask for them to discontinue the claim?!

I know time isn't on my side, with the hearing set for Friday!!

Your thoughts would be greatly appreciated.

G

[charitynjw]

Re: brian carters letter Help needed..!!

@g-Man13

X posts.......did you see mine (above)?

[nemesis45]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

Sorry to be a pain!!

The WS is dated today, so am I right in thinking that it will not have been submitted to the court yet. The deadline was the 15th, will this make any difference?

Also, I have emailed the legal assistant looking after the case to ask if he has received my WS, because it is pretty clear from his WS that he hasn't read mine!!

Any advice on my next move?

Do you think it is worth sending him my WS, with a polite note to remind him of the fact that without the agreement the debt remains unenforceable and to ask for them to discontinue the claim?!

I know time isn't on my side, with the hearing set for Friday!!

Your thoughts would be greatly appreciated.

G

Hello G I think Lowell solicitors have lost the plot ( if they ever had it!!)

Get your docs in order so you cant point out any short comings in what they say, Their WS should have been provided at least 14 days prior to trial for a start so if they haven't filed the court may sanction them.

nem

[g-man13]

Re: brian carters letter Help needed..!!

Hi charitynjw,

im confused more than ever now!! Section 196 of the act refers to mortgages, but lowells quote s136.. I haven't got a clue what any of this means.

G

[charitynjw]

Re: brian carters letter Help needed..!!

@nemesis45

Hi Nem,

Sorry to be a pain!!

The WS is dated today, so am I right in thinking that it will not have been submitted to the court yet. The deadline was the 15th, will this make any difference?

Also, I have emailed the legal assistant looking after the case to ask if he has received my WS, because it is pretty clear from his WS that he hasn't read mine!!

Any advice on my next move?

Do you think it is worth sending him my WS, with a polite note to remind him of the fact that without the agreement the debt remains unenforceable and to ask for them to discontinue the claim?!

I know time isn't on my side, with the hearing set for Friday!!

Your thoughts would be greatly appreciated.


G

X posts.......did you see mine (above)?

[g-man13]

Re: brian carters letter Help needed..!!

[MENTION=55034]nemesis45[/MENTION]

Nem,,

It certainly seems that way!!

sorry to sound dim, but what do you mean by sanction them?

G

[charitynjw]

Re: brian carters letter Help needed..!!

Hi charitynjw,

im confused more than ever now!! Section 196 of the act refers to mortgages, but lowells quote s136.. I haven't got a clue what any of this means.


G

Lol

s196(4) LoPA refers to any notice under this Act, not just mortgages.

s136 is re assignments, s196 is re how notice of assignment has to be sent.

[g-man13]

Re: brian carters letter Help needed..!!

Charity,

yes i I did thank you, I've posted a reply somewhere in between the posts to Nem!

G

[g-man13]

Re: brian carters letter Help needed..!!

Charity... The penny has dropped..!

Sorry my head is mashed today! So basically by the fact they haven't sent it by the approved method, they can't actually proved I received the NOA...??!

Am I on the right track now? Ha

G

[charitynjw]

Re: brian carters letter Help needed..!!

Charity... The penny has dropped..!

Sorry my head is mashed today! So basically by the fact they haven't sent it by the approved method, they can't actually proved I received the NOA...??!

Am I on the right track now? Ha

G

http://news.rkllp.co.uk/?p=391

[g-man13]

Re: brian carters letter Help needed..!!

Charity,

I certainly have never received anything whatsoever from Lowell/Carter/lowell solicitors by recorded post. Only the usual template responses sent by normal delivery.
I will make reference to that paragraph of the act when it is read out in court.
Thanks for your help,

G