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

[g-man13]

Re: brian carters letter Help needed..!!

[MENTION=55034]nemesis45[/MENTION]

Morning Nem,

I have emailed a copy of my WS to the legal assistant at Lowlifes. He said he hadn't recieved it, so I politely told him that it had been submitted to the courts before the 14 days deadline and also to lowell solicitors at the same time.
I've asked him to share his thoughts on the WS and reminded him that, as is clearly mentioned in my WS that the debt remains unenforceable due to their failure to answer my request for documentation.

Will keep you posted on developments

G

[Wingco]

Re: brian carters letter Help needed..!!

Not the cleverest of witness statements with a number of typos. Whilst it claims Lowlifes did send out the Assignment Notice, it doesn't say how (recorded delivery?) so no real proof of posting.
I find it strange there is no explanation or statement of how the outstanding balance was arrived at in DH3 but perhaps that is in other Court paperwork? I find it very superficial and sketchy - is this typical? (of Lowlifes' or any other solicitor's legal assistant). I hope the legal assistant is better prepared than his WS (not).
Wingco

[g-man13]

Re: brian carters letter Help needed..!!

Hi wingco,

Their WS does seem rather rushed to say the least..!!

There is no mention of how the outstanding balance arrived. Also the 'NOA' isn't even on lloyds letterhead paper and like you say no mention of recorded post either.

I find it amusing that he says I never made contact with them. My witness statement shows 11 pieces of evidence of contact between myself/Carter/lowells. Each one of their replies failing to satisfy my requests for documentation.

It will be a very interesting hearing that's for sure.

G


Also, it there was no mention of this being an overdraft until they sent their WS in. The statement of case said an account covered by a agreement under the CCA. I'm lead to believe this isn't the case where an overdraft is concerned?

[nemesis45]

Re: brian carters letter Help needed..!!

Not the cleverest of witness statements with a number of typos. Whilst it claims Lowlifes did send out the Assignment Notice, it doesn't say how (recorded delivery?) so no real proof of posting.
I find it strange there is no explanation or statement of how the outstanding balance was arrived at in DH3 but perhaps that is in other Court paperwork? I find it very superficial and sketchy - is this typical? (of Lowlifes' or any other solicitor's legal assistant). I hope the legal assistant is better prepared than his WS (not).
Wingco

Lowell Solicitors Ltd., fairly recently was brought of hibernation after Carter was apparently dropped by the Lowell Group. From what one sees of claims taken back from Carter there has been a lot " left undone " by Carter and has bow been dumped in unexperienced hands at LS Ltd.

nem

[Wingco]

Re: brian carters letter Help needed..!!

Also, it there was no mention of this being an overdraft until they sent their WS in. The statement of case said an account covered by a agreement under the CCA. I'm lead to believe this isn't the case where an overdraft is concerned?[/QUOTE]

As I understand it, with overdrafts there is most unlikely to be a signed credit agreement; overdrafts tend to happen either automatically (granted by the bank), or applied for through online banking. The general comment that overdrafts aren't covered by the CCA stems. I believe, from the fact that there is no point in sending a CCA letter to a bank seeking details of the 'contract'.

The following is an extract from a Lowell's letter to a client with an overdraft debt of just under £700:

'We refer to your request for a copy of your original credit agreement in accordance with the provisions of the section 77(1) and / or 78(1) of the consumer credit act 1974. Please find the £1.00 fee you sent returned to you.
This account relates to a bank account that you held with HBOS PLC. We would advise you , however that a bank overdraft is a running account credit and such is exempt from part V of the CCA 1974 relating to the form and content requirements of regulated agreements.There is no statutory requirement to enter into a formal credit agreement for the bank overdraft.

We have requested statements from the original creditor which will show how the outstanding balance was accrued.These will be forwarded to you upon receipt.

When Lowell Portfolio 1 Ltd Purchases a debt from a client we issue a letter of Assignment to the customer which fulfils our legal obligations under the law of Property act 1925. This letter was sent to you on August 22nd 2012 and we enclose a copy for your perusal and retention. We would not normall issue a specific Deed of Assignment unless the matter had progressed to court action.

Please be assured your account has been placed on hold until the requested statements have been received, at which point we will require your proposals for repayment.


I hope that helps. It dates from July 2013 but there are similar examples well into 2014.

Wingco

[nemesis45]

Re: brian carters letter Help needed..!!

Also, it there was no mention of this being an overdraft until they sent their WS in. The statement of case said an account covered by a agreement under the CCA. I'm lead to believe this isn't the case where an overdraft is concerned?

As I understand it, with overdrafts there is most unlikely to be a signed credit agreement; overdrafts tend to happen either automatically (granted by the bank), or applied for through online banking. The general comment that overdrafts aren't covered by the CCA stems. I believe, from the fact that there is no point in sending a CCA letter to a bank seeking details of the 'contract'.

The following is an extract from a Lowell's letter to a client with an overdraft debt of just under £700:

'We refer to your request for a copy of your original credit agreement in accordance with the provisions of the section 77(1) and / or 78(1) of the consumer credit act 1974. Please find the £1.00 fee you sent returned to you.
This account relates to a bank account that you held with HBOS PLC. We would advise you , however that a bank overdraft is a running account credit and such is exempt from part V of the CCA 1974 relating to the form and content requirements of regulated agreements.There is no statutory requirement to enter into a formal credit agreement for the bank overdraft.

We have requested statements from the original creditor which will show how the outstanding balance was accrued.These will be forwarded to you upon receipt.

When Lowell Portfolio 1 Ltd Purchases a debt from a client we issue a letter of Assignment to the customer which fulfils our legal obligations under the law of Property act 1925. This letter was sent to you on August 22nd 2012 and we enclose a copy for your perusal and retention. We would not normall issue a specific Deed of Assignment unless the matter had progressed to court action.

Please be assured your account has been placed on hold until the requested statements have been received, at which point we will require your proposals for repayment.


I hope that helps. It dates from July 2013 but there are similar examples well into 2014.

Wingco[/QUOTE]
All depends when the OD facility was set up after 2011 CCA is applicable.

" The old term" prior to 2011 was I believe " A letter of facility" .

[g-man13]

Re: brian carters letter Help needed..!!

In the statement of case they specifically refer to an account covered by the CCA, so this is the reason I'm going to highlight for sending the CCA request. My defence is based on the fact that I didn't know what type of account it was because they failed to tell me that in the statement of case.

Lowell have never responded to my CCA request, as likewise Carter never provided documents under CPR31.14. I know this doesn't apply once allocated to small claims track, but I sent my CPR request well before allocation.

The NOA they have sent I suspect is a manufactured one, as it isn't on lloyds letterhead paper and also the bank statements show my old address. So I would like to ask them why anything was never sent to the address on the bank statements (I still own that house by the way, so I am 100% sure nothing was sent to that address)

The hard copy of their WS has just arrived today, so I'm assuming it has landed at the courts too, a good 12 days late. The date of assignment is incorrected compared to the evidence they have supplied.

My first question to the judge will be to ask to strike out the claim based on this fact. If that fails then I'm going to do my upmost to tie them in knots, with their total lack of regard for the rules and procedures!

G

[Wingco]

Re: brian carters letter Help needed..!!

In the statement of case they specifically refer to an account covered by the CCA, so this is the reason I'm going to highlight for sending the CCA request. My defence is based on the fact that I didn't know what type of account it was because they failed to tell me that in the statement of case.

Lowell have never responded to my CCA request, as likewise Carter never provided documents under CPR31.14. I know this doesn't apply once allocated to small claims track, but I sent my CPR request well before allocation.

The NOA they have sent I suspect is a manufactured one, as it isn't on lloyds letterhead paper and also the bank statements show my old address. So I would like to ask them why anything was never sent to the address on the bank statements (I still own that house by the way, so I am 100% sure nothing was sent to that address)

The hard copy of their WS has just arrived today, so I'm assuming it has landed at the courts too, a good 12 days late. The date of assignment is incorrected compared to the evidence they have supplied.

My first question to the judge will be to ask to strike out the claim based on this fact. If that fails then I'm going to do my upmost to tie them in knots, with their total lack of regard for the rules and procedures!

G

By rights, it should be struck off - Courts are usually very insistent on time deadlines. Also, not sticking to the correct procedures should incense the judge. Where is it taking place? - I would love to be there to see them squirm.
Wingco

[charitynjw]

Re: brian carters letter Help needed..!!

The NOA they have sent I suspect is a manufactured one, as it isn't on lloyds letterhead paper

Hi g-man

An NoA can be sent under the hand of the assignor, so it could be via the assignor, the assignee, possibly a third party, or any combination of these.
It has to be notified by the approved method. (I would imagine that they will argue that Reg post no longer exists - if it were me, I'd demand to see proof of posting. I can't see how they can avoid s196, though)
If you can show that some skullduggery has been perpetrated (attempt at forgery/fraudulent misrepresentation), so much the better for your day in court!

[g-man13]

Re: brian carters letter Help needed..!!

It's in Bolton..! Feel free to come along ha ha

- - - Updated - - -

I have got the receipts for all my letters that sent to them by recorded delivery. So they will look rather stupid if they claim that there is no way to prove postage anymore!!

i can't wait until tomorrow!! Just want to get this sorted once and for all.

G

the NOA is in two parts. One from lowells and one 'signed' by Mr Singh from lloyds.. This is the one on plain paper, the font size on the letter isn't even consistent. Also at the bottom of page there is no footer showing lloyds registered office and vat number etc.

G

[Wingco]

Re: brian carters letter Help needed..!!

It's in Bolton..! Feel free to come along ha ha

- - - Updated - - -

I have got the receipts for all my letters that sent to them by recorded delivery. So they will look rather stupid if they claim that there is no way to prove postage anymore!!

i can't wait until tomorrow!! Just want to get this sorted once and for all.

G

the NOA is in two parts. One from lowells and one 'signed' by Mr Singh from lloyds.. This is the one on plain paper, the font size on the letter isn't even consistent. Also at the bottom of page there is no footer showing lloyds registered office and vat number etc.

G

Hi G Man
Wishing you really good luck tomorrow - you sound well organised, following correct procedures/timescales, and aware of your rights, and Lowlifes seem the complete opposite. It should be a 'walk in the park'.
I can't wait to learn which aspect the Judge threw it out on; there are so many to choose from!!! I'm afraid Bolton is a little too far even for a good laugh, particularly on a Friday.
Wingco

[g-man13]

Re: brian carters letter Help needed..!!

Thanks for your support Wingco,

Hopefully by this time tomorrow I will have some good news to report..!!

I hope they turn up too because it would be so much more satisfying getting it thrown out with their legal 'expert' present.

Fingers crossed..!

G

[g-man13]

Re: brian carters letter Help needed..!!

CASE DISMISSED.....!!!!!!!

judge wasn't happy at all.. Ripped them to pieces!!!

thank you so much for all your help

big thanks to [MENTION=55034]nemesis45[/MENTION]


G

[nemesis45]

Re: brian carters letter Help needed..!!

Well Done Gman excellent result!!

have a good weekend!!

nem

[g-man13]

Re: brian carters letter Help needed..!!

Thanks Nem,

Same to you!! I really appreciate all your help.

Thanks again.

G man!