Claim form Lowells/Carter - Statute barred Cap1 debt -***Claim Discontinued***

[AndyOrch]

[Realist]

Today received the following via post.

 

Lowell Portfolio I Limited Re: Lowell Financial Limited

 

To all parties

 

This claim has been transferred to the County Court Hearing Centre listed below for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management direction.

 

Details of the judges directions will be sent to you in a notice of allocation.

 

If you would like any further information you can contact the local County Court Hearing Centre directly but please await the judges direction.

 

Contact details:

 

Blah Blah Blah

 

So I presume now its a case of waiting to see what the judge decides but I thought because of the time scale past I was hoping this had gone away for good, owe well.

 

Its taken 6 months to get this far, time does indeed fly.

 

Thanks.

[AndyOrch]

Just wait for Notice of Allocation now and follow the DJ Directions.

 

Andy

[Realist]

Thanks Andy but how can they decide on a case that over 7 years old, strange but we'll see.

[AndyOrch]

Age of the debt has no relevance...its the claim and your defence that matters and if they can validate it.

[Realist]

True I suppose but considering its 7 years old we don't have any paperwork to back that up.

[AndyOrch]

But they might

[Realist]

And what to say they do produce paperwork that says otherwise and we don't have anything to back that up as false.

[AndyOrch]

Dont quite follow your last post Realist...its either your debt or its a case of identity fraud?

[Realist]

What I mean is companies like this have a habit of producing receipts for payments made that in fact was created by themselves to validate their claim and show that payment has been made and its not statute barred.

 

 

Therefore what proof have I to show the judge that that's a false claim and no payment has ever been made within the last 7 years.

[citizenB]

What I mean is companies like this have a habit of producing receipts for payments made that in fact was created by themselves to validate their claim and show that payment has been made and its not statute barred.

 

 

Therefore what proof have I to show the judge that that's a false claim and no payment has ever been made within the last 7 years.

 

You can ask them to prove how it was paid.. direct debit - debit card over phone - cash at counter, cheque. You would then ask them to provide timed receipts /bank account details for cheque, card or DD payments.

[AndyOrch]

Well that's for you to argue and determine at trial...they have opted to proceed so they have to have real proof that its not statute barred ( and I mean real proof not typed up phantom payments on their own paper) and you insist that evidence is disclosed using your bank statements account number sort and branch.

 

They cant bluff their way through it they would be in danger of committing perjury

[Realist]

True.

 

 

Thanks and I'll update as it goes.

 

 

Regards

[Realist]

Received court papers offering phone mediation or a court appearance, misses whos name its in does not want to go to court so whats the best option.

 

 

Would like to go to court to be honest because that way they will have to pay £80 quid in fee's and they would have to provide proof of such debt but how can they provide that over the phone?

 

 

Any ideas?

[AndyOrch]

Its not either or it is still proceeding to court..the mediation is an option for you to consider...only if you settle will it not proceed to trial

[Realist]

The letter stated that if we choose mediation to call them within 7 days or if no contact it will go to court.

[panther12]

You may as well opt for mediation and if other side also agree you'll then get to know via mediator if they have anything to counter your SB defence. You approach mediation along the lines of this debt is SB but in the interests of avoiding court and unnecessary costs for both parties I am prepared to forgo my entitlement to costs if the claimant discontinues their action. Mediator will pop along to put that to claimant and inform you what they say. Failing that or if claimant ignores mediation you await the notice from the court with a date for hearing, which will say the parties must file & serve all docs which they intend to rely on at trial 14 days before the hearing date. So you'll know then if they have anything to knock your SB defence.

[Realist]

Thanks,

 

 

The court date was printed on the letter as well and its set for early December if mediation does not go ahead.

 

 

What do you mean by "Entitlement to costs"?

[panther12]

I see it's already been allocated to SCT so in that case you won't get wasted costs if they discontinue but if it goes to hearing and you win then you may be entitled to your costs at LiP rate depending on the judge. You'd basically be using mediation to give the claimant the opportunity to knock it on the head without going to trial and therefore no costs will be sought. As you have the trial date the notice should also say the date which all docs must be filed/served and a date which the hearing fee must be paid by. If they're trying to bluff it with no proof that it's not SB, if mediation fails see if they pay the hearing fee.

[Realist]

That's why I'm not looking for mediation because I want them to provide proof that its not SB and if I'm/wife is expected to provide docs to support the case we have none because its over 7 years old.

 

 

Interested in seeing what they provide.

[Realist]

Here are the paper we received.

[AndyOrch]

Click the thumbnail...if you cant read it neither can we...please convert to pdf format.

 

Andy

[Realist]

Sorry guys.

[panther12]

Well you have nothing to lose by opting for mediation, it shouldn't affect the hearing if it fails and you might get to glean some advance warning of the other sides position.

[AndyOrch]

I assume you ticked yes to mediation on your DQ ?