Harrassed by Lowell - Debt not mine

[foggy123]

OK Thank You Can I ask do I have to give all evidence before the hearing or can I retain something and produce it at the hearing.

[unclebulgaria67]

OK Thank You Can I ask do I have to give all evidence before the hearing or can I retain something and produce it at the hearing.

 

I think you should disclose all information known to you in advance of the hearing. I guess that if you don't then it might not be accepted.

[Guest Lowell CRT]

Hi foggy

 

The letter from our complaints team went in the post to you yesterday, I am guessing that unless we get a major snowfall it will be with you today or tomorrow at the latest.

 

I have seen it before it was posted and it does contain some vital bits of information for you to review. The details of the complaint handler are on the letter, if you are still not comfortable calling please email him directly once you have read the letter so we can work with you.

 

You can also PM me or obviously the site team here on CAG can also assist.

 

Thanks.

 

James.

[foggy123]

Thank you James.

[dx100uk]

well done james

 

dx

[foggy123]

Hello James,

I have received the letter today thank you.

 

I will e mail to reiterate this is not my debt.

 

I will explain in the e mail to the sender the reasons why.

 

 

If Lowell had followed debt collecting legality's neither me or Lowell would have been in this unfortunate position.

I would have instantly known what has happened here.

 

Considering I asked for the information in 2007 (and you know when you did not send the correct information the debt should not have been pursued regardless of whos debt this is.)

it just would not have reached this stage.

 

I would add to the CAG team that this letter says they have got from Capital my D.O.B. work and home number and e mail, but have not put what they are.

 

Strange, is this another ploy to make me crumble under veiled threats.

[foggy123]

Hello All,

Just to reiterate that this debt is not mine. I cant go into all the details on here and I know you will have had doubts about me. Lowell have been hell bent to prove this debt belongs to me and the evidence they have sent proves otherwise. Please bear with me until the Court Hearing which is in March and be aware that I could not have got through this without your help. Thank you again, and thank you to James.

[scouse12345]

Afternoon James...

 

Any update on this...?>

 

S.

[foggy123]

Hello,

 

It is my Court Hearing tomorrow. In the last letter I received from Lowell, they accuse me of fraud, and then apologize for causing me any distress. .I hope I can hold up in the hearing tomorrow ( this has had a major effect on myself and my family) but I have to clear my name. Lowell have gone beyond the Bankruptcy claim now- with the permission of their Head of Legal Compliance- and in doing so have put their licence at risk.

I will let you know the outcome.

 

Thank you for your concern and help.

 

Foggy123

[scouse12345]

No problem James,

 

Wish you well, and i'm sure you will be fine as you appear too be in full control.

 

Regards

 

S.

[42man]

?? which James are you referring to ? Foogy's name isn't James ?

[scouse12345]

?? which James are you referring to ? Foogy's name isn't James ?

 

I know that.....now..

 

S.

[foggy123]

Hello,

Well I have been to Court today and when I arrived I was met by a Barrister acting on Lowells behalf.

 

He said he was going to go in and ask that a Bankruptcy be filed against me or I could settle out of Court and make an arrangement to pay .

 

I said I would go into the hearing (although by then I was scared because they had appointed a Barrister.)

 

The outcome of the meeting was for me to prepare a statement of truth and attend two hour hearing in eight weeks.

The Judge explained what I needed to do.

 

He did say it was ludicrous that Lowell had filed for Bankruptcy and the claim should have gone to the small claims court.

He said I would loose my house such were the costs involved.

 

and I did get the impression he would not want that to happen especially because the sum involved is quite small in the scheme of things.

 

If I make a private arrangement to clear this debt then Lowell will consider lifting the petition, but I would have to do it as if the debt was mine and I am not sure I can do that.

 

On the other hand if I loose the case then we would loose our house so its something I would have to think about.

 

I know Lowell are also worried because they have broken so many Debt Collecting Laws and would you spend money to hire a barrister if you had nothing to worry about.

 

I will let the OFC know what happened in the hearing especially that we would loose our property and think about the rest.

Foggy123

[foggy123]

Sorry should read OFT not OFC

[BRIGADIER2JCS]

As in the thread title what has happened to the defence ''that the debt is not mine''????

[foggy123]

Lowell will not accept that the debt is not mine, the judge did say their costs would be phenomenal,

and I felt he knew I was speaking the truth but it wouldn't be him who would be in the next hearing.

 

Lowell have the legal clout and because of the costs involved it will be the might of them against me.

 

He did give me some pointers on what I could do, and he has given me three weeks in which to complete my statement of truth,

 

myself and the family member whose debt it is are going to a hand writing expert as advised by the judge and then I will take the case forward .

[BRIGADIER2JCS]

Hi foggy, I would get that statement of truth notarised by a solicitor

make them know the real and it seems to me the obvious truth of this.

[foggy123]

Hello its me again

 

Just a quick question please, What would be the position if the debt was statue barred before the next hearing, I am trying to cover all angles in my statement of truth.

 

Thank you.

Foggy 123

[BRIGADIER2JCS]

Hi foogy the action started prior to the SB date takes precedent.

[foggy123]

OK Thank you

[foggy123]

Hello,

Just an update on my case. After two requests to Lowell, to find a way forward as requested by the Judge and their Barrister, I have received no response .I have even told them the money would be paid out of my account which I was reluctant to do but my family insisted.

I made this request to the Head of Legal Compliance and Head of Customer Service and cant understand why they have chosen to ignore me.

Why am I surprised.??????????

 

Foggy 123.

[Hacked_Off]

Sub

[stevo7790]

Hang on,

 

I'm confused and it takes a lot to confuse me this much.

 

The whole crux of this matter is that Lowell are taking you t court for a debt. A debt that is not yours.

 

From what I can gather you can prove that debt is not yours, even though Lowell are adamant it is. I have heard of similar.

 

What I am struggling to understand is that the costs whilst astronomical for the apparent amount ( from what the op has mentioned ) the fact still remains that the debt is not yours.

 

It wouldn't in my eyes matter if the barrister was no1 in the world, surely if it isn't yours then it isn't yours?

 

I don't see how it can be not found in your favour? It seems clear cut to me?

 

Anyone care to fill me in?

Steve

[unclebulgaria67]

If you read the last few pages of the thread again, I think you will find that Foggy appears to suggest that he was aware that someone else had taken out the debt in his name, but only after the event. i.e the document that has his signature on it, resembles his signature, but that he did not sign the document.

 

Quote from Foggy a few posts back.

 

"myself and the family member whose debt it is are going to a hand writing expert as advised by the judge and then I will take the case forward . "

[foggy123]

Hello,

There is a strong family resemblance in our handwriting (we worked at the same place and they used to get our handwriting confused there, it is so similar) and of course we have the same initial.

You are right though I am now back on track. I had started to succumb to their mind games, and your last response has jolted me out of that.

This case was brought against me to make me insolvent. Lowell have flaunted the Debt Collecting Guidelines and they have to be responsible for that alone.

I have followed, to the letter, the recommendations put forward at the last hearing, by the Judge to which Lowell have not responded.