Harrassed by Lowell - Debt not mine

[stevo7790]

42man,

 

Your post light a lit in my head, then caused me some concern.

 

Let's say you like the OP gets embroiled in a debt that isn't yours, its up to the claimant to prove.

 

Having no real legal knowledge or clue, you end up having to go to court, acting as lip you merely state I have no debt... claimant can't prove it either.

 

Judge adjourns the hearing asking claimant to provide evidence of debt against defendant.

 

2nd hearing defendant still hasn't followed proper court protocol, but the claimant still can't prove debt is defendants, what happens now?

 

Surely if the claimant can't prove the debt is the defendant, then the judge can't make the defendant bankrupt, regardless of what if any protocols the defendant missed or didnt adhere to? Surely there must be some sort of common sense in an instance like this?

Especially if there is a chance of being made bankrupt involved?

 

I'm thinking go see a solicitor? but what if it is someone who can't afford a solicitor, no claim to legal aid but also no understanding or court proceedings?

[stevo7790]

42man is bang on the money here.

 

For this to have got so far just shows how bad this industry is.

 

Foggy, I completely empathise with you. It is a monumental waste of time for both parties concerned. You must hit Lowell for six in the court room, be clear and concise... as you are acting LiP no-one expects you to know consumer law inside and out but the facts should speak for themselves and make sure you go all out for wasted costs, its £18 per hour now you can claim back.

I'm all for common sense to prevail here but make sure you spell this mistake Lowell have made out to the Judge and give Lowell the thrashing they deserve for putting you in a position no-one should have to be in.

[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