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

[nemesis45]

Re: brian carters letter Help needed..!!

[QUOTE=g-man13;644967]Thanks Nem,

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

Thanks again.

When you have a chance could you post what the judge had to say please G.

nem

[g-man13]

Re: brian carters letter Help needed..!!

Yes I will do Nem,

Give me an hour or so and I will pop something on!

G

[g-man13]

Re: brian carters letter Help needed..!!

@nemesis45

I arrived I court to be greeted by a legal person who lowlifes had appointed to represent them. It turns out she only got the case yesterday!! Very professional..! Not..!

The first thing the judge asked was why the WS was late then stood the hearing down to read their paperwork.

We then went back in and I presented my case. Highlighting all the failures to meet my requests etc.

Then in it was their turn. Almost straight away they admitted they never had any docs to support the claim. She tried to blame Carter at first and then the change of solicitor. The judge was having none of it. Then she tried to say lowlifes had never recieved my request for the credit agreement, to which the judge waved the request in front of her!!

Then came the good bit...! The judge said the failure to supply the default notice and the failure to provide the credit agreement , despite my repeated requests, the claim was dismissed..!

The judge them said that the legal person must report back to lowlifes the failures in this case are not acceptable. The judge said that I was representing myself and continuously pointed them in the direction of the requirements of the rules and procedures and yet with two different solicitors acting on their before they continued to evade the fact that these documents are needed when submitting a money claim.

It was brilliant to watch..!!

G

The judge used the word lamentable when describing the situation!

[nemesis45]

Re: brian carters letter Help needed..!!

@nemesis45

I arrived I court to be greeted by a legal person who lowlifes had appointed to represent them. It turns out she only got the case yesterday!! Very professional..! Not..!

The first thing the judge asked was why the WS was late then stood the hearing down to read their paperwork.

We then went back in and I presented my case. Highlighting all the failures to meet my requests etc.

Then in it was their turn. Almost straight away they admitted they never had any docs to support the claim. She tried to blame Carter at first and then the change of solicitor. The judge was having none of it. Then she tried to say lowlifes had never recieved my request for the credit agreement, to which the judge waved the request in front of her!!

Then came the good bit...! The judge said the failure to supply the default notice and the failure to provide the credit agreement , despite my repeated requests, the claim was dismissed..!

The judge them said that the legal person must report back to lowlifes the failures in this case are not acceptable. The judge said that I was representing myself and continuously pointed them in the direction of the requirements of the rules and procedures and yet with two different solicitors acting on their before they continued to evade the fact that these documents are needed when submitting a money claim.

It was brilliant to watch..!!

G

Fantastic G just shows I think what attention to detail and perseverance can achieve!!!

nem

[g-man13]

Re: brian carters letter Help needed..!!

What happens now Nem?

I take it that they can't now come back and try and claim again??
Will they just sell the account on to someone else?

G

[g-man13]

Re: brian carters letter Help needed..!!

[MENTION=49370]Kati[/MENTION]

Hi Kati,

How do I change the heading of my post to show that the case has now been dismissed??

Thanks,

G

[Wingco]

Re: brian carters letter Help needed..!!

@nemesis45

I arrived I court to be greeted by a legal person who lowlifes had appointed to represent them. It turns out she only got the case yesterday!! Very professional..! Not..!

The first thing the judge asked was why the WS was late then stood the hearing down to read their paperwork.

We then went back in and I presented my case. Highlighting all the failures to meet my requests etc.

Then in it was their turn. Almost straight away they admitted they never had any docs to support the claim. She tried to blame Carter at first and then the change of solicitor. The judge was having none of it. Then she tried to say lowlifes had never recieved my request for the credit agreement, to which the judge waved the request in front of her!!

Then came the good bit...! The judge said the failure to supply the default notice and the failure to provide the credit agreement , despite my repeated requests, the claim was dismissed..!

The judge them said that the legal person must report back to lowlifes the failures in this case are not acceptable. The judge said that I was representing myself and continuously pointed them in the direction of the requirements of the rules and procedures and yet with two different solicitors acting on their before they continued to evade the fact that these documents are needed when submitting a money claim.

It was brilliant to watch..!!

G

The judge used the word lamentable when describing the situation!

I'm so pleased for you and relieved the Judge followed the rules and procedures precisely to the letter of the Law. It gives us all hope, except perhaps Lowlifes will in future learn a lesson from this............................................so mehow, I doubt it. (I've tried to correct 'somehow' 3 times without success)
Well done.
Wingco

[g-man13]

Re: brian carters letter Help needed..!!

Thanks Wingco.

Without the help off you guys on here, I would have been stuffed..!

The judge was very displeased at the fact lowlifes had showed total disregard for the rules and procedures. I get the feeling that the judge will keep an eye out on any further lowlifes claims that are presented in front of her in the future!!

What happens now?? Will they sell the account on for me to go through this again with another DCA?

Also, do you think I would be able to get them to remove the default on my credit file, or should I just add a note on there that this debt has been dismissed by a judge after a money claim from lowlifes?

G

[Wingco]

Re: brian carters letter Help needed..!!

What happens now Nem?

I take it that they can't now come back and try and claim again??
Will they just sell the account on to someone else?

G

Surely the SB clock continues which probably makes it SBd. Who would buy it? And would they be able to produce the necessary Assignment Notice or the original contract for any future buyer....................................or is that expecting a lot in this muddy market?
Wingco

[Wingco]

Re: brian carters letter Help needed..!!

Thanks Wingco.

Without the help off you guys on here, I would have been stuffed..!

The judge was very displeased at the fact lowlifes had showed total disregard for the rules and procedures. I get the feeling that the judge will keep an eye out on any further lowlifes claims that are presented in front of her in the future!!

What happens now?? Will they sell the account on for me to go through this again with another DCA?

Also, do you think I would be able to get them to remove the default on my credit file, or should I just add a note on there that this debt has been dismissed by a judge after a money claim from lowlifes?

G

The debt has never been proved and so I would be on to Lowlifes immediately to get the DN removed from the CRAs - how can you default a non-existent debt? I would also contact the CRAs and advise them of the Court findings and insist the DN is removed, provided of course you haven't admitted the debt elsewhere? Which I doubt.
Wingco

[g-man13]

Re: brian carters letter Help needed..!!

I doubt very much that anyone will be able to present the required docs.. The representative from lowlife actually said that they have struggled to get the paperwork off lloyds because they have written the debt off..!!
The default was added late 2011, so it's a while to go until it falls off my file. I've been fighting Carters/lowlifes for just over a year..! So like you said, who would want to buy it after today!!

G

[g-man13]

Re: brian carters letter Help needed..!!

Never admitted the debt at all. I Looked the judge straight in the eye and told her I didn't know what this debt was for, which she repeated at numerous times to lowlifes throughout the hearing!

How do I go about trying to get the default removed? Is there any template letters that I can follow??

G

[charitynjw]

Re: brian carters letter Help needed..!!

[MENTION=31249]gman1[/MENTION]3

Way to go, g!

Result!

[Amethyst]

Re: brian carters letter Help needed..!!

That is great news g-man - well done for what you did in court

What happens now?? Will they sell the account on for me to go through this again with another DCA?

Also, do you think I would be able to get them to remove the default on my credit file, or should I just add a note on there that this debt has been dismissed by a judge after a money claim from lowlifes?

The SB clock does continue, and to bring the case again on the same cause of action ( regardless who the claimant is), they will have to apply to the court to allow them a second try.

With regards the CRA - it's unlikely you'd be able to get it removed, it's not reliant on a successful court claim ( that'd be a CCJ marker) and burden of proof is a lot lower - the original reporting would have been through the original creditor - presumably if it is building towards being statute barred it will fall off your file in the not too distant future.

The judge them said that the legal person must report back to lowlifes the failures in this case are not acceptable. The judge said that I was representing myself and continuously pointed them in the direction of the requirements of the rules and procedures and yet with two different solicitors acting on their before they continued to evade the fact that these documents are needed when submitting a money claim.

If only Lowell would pay any attention whatsoever to that. We're still waiting on new preaction protocols for debt claims which should put an end to all this un verified debt claims crap... but it's taking forever with lots of pressure against the changes to the rules from the DCA's.

[nemesis45]

Re: brian carters letter Help needed..!!

That is great news g-man - well done for what you did in court



The SB clock does continue, and to bring the case again on the same cause of action ( regardless who the claimant is), they will have to apply to the court to allow them a second try.

With regards the CRA - it's unlikely you'd be able to get it removed, it's not reliant on a successful court claim ( that'd be a CCJ marker) and burden of proof is a lot lower - the original reporting would have been through the original creditor - presumably if it is building towards being statute barred it will fall off your file in the not too distant future.



If only Lowell would pay any attention whatsoever to that. We're still waiting on new preaction protocols for debt claims which should put an end to all this un verified debt claims crap... but it's taking forever with lots of pressure against the changes to the rules from the DCA's.

Is is unbelievable that in the 21st Century UK that a speculative investor can acquire a portfolio of debts of unproven validity and issue court claims whilst not being in possession of any more details of the debt other than the name of the original creditor, the alleged amount owing and the alleged debtors name and address madness!!

nem