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Court case discontinued, refusal to remove default lowell/carter


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I was recently being taken to court by Lowell for an alleged credit card debt and good old Bryan Carter got involved.

 

 

The hearing was held and the judge made an order that as I had stated the original documents hadn't been provided and the copies were so illegible they couldn't be read without a microscope, that Lowell were to provide a "clear and legible copy," and a new hearing date would be set.

 

As the new date approached, nothing had been heard and a notice of discontinuance in full was filed by Bryan Carter.

 

 

I immediately started a war with Lowell, trying to make them understand that if they were unwilling to prove the debt existed in court, and couldn't prove it, the debt doesn't exist and they should amend my credit file accordingly. They point-blank refuse stating I am still liable and that the notice of discontinuance does not apply "as a whole."

 

 

Appreciate help with my next move :-) Any advice I am thankful for.

 

 

Many thanks

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Lowell are correct....the claim was discontinued for what ever reasons the claimant had. The debt still exists and the default is not connected to the court claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?438927-court-papers-in-my-sons-name-for-my-debt!!!(4-Viewing)-nbsp

 

Regards

 

Andy

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You would need to show the debt was irredeemably unenforceable. This is the judgment referred to:

 

http://www.bailii.org/ew/cases/EWCA/Civ/2014/1413.html

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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