Re: Lowell threatening me Again !!

by barnwebb Fri Dec 21, 2018 6:30 pm

Thanks assassin & waylander, just as a point of note, the last claim against me in 2017 I never saw a directions questionnaire and I have no knowledge of the claimant having one either.

Is this something new in an attempt to get defendants to give in and mediate ?

It seems that everything that is supposed to be provided as a public service .... banks, government, councils, courts .... are attempting to force everyone to do everything online or use automated phone payment systems, there's barely any actual humans any more to help if there is a problem.

by barnwebb Wed Jan 09, 2019 2:12 pm

Just a quick update folks.

I got another letter from lowell telling me, (among the other standard things) basically, that I should reply to court correspondance or face the possibility of a CCJ by default, basically the usual bullying tactics they seem to enjoy sending out. The amusing part of the letter was that they've now requested a copy of the default notice. Obviously they thought they didn't need that until now.

Anyway I telephoned the court again as I've not heard anything and they said that lowell have these directions questionnaires ready and waiting on their computer and just send them in to the court when they want. When I told them what lowell said in the letter they agreed with me that lowell was harrassing me and that it's nothing new when it comes to lowell.

The court is quite behind so I won't get a directions questionnaire just yet.

The other thing is that the court won't send out a letter acknowledging a 'phone call on a particular subject as there are so many calls they wouldn't be able to cope.

All I know for now.

by barnwebb Tue Jan 29, 2019 12:50 pm

ok folks, the directions questionnaire has gone back, I refused mediation but that might be my downfall in the long run.

I've asked for the court to strike out lowells claim due to not providing all the documents requested from them and pointing out that lowell have only just decided to ask for a default notice and have provided two different notice of assignments about which I told the court I believed both are fake. I suspect the court won't do anything at all particularly as it is a request rather than an unless order or anything else.

I've asked lowell to produce substantiating proof that everything has been assigned to them correctly and questioned the validity of the two different notice of assignments asking them to produce substantiating proof that at least one of them is genuine.

That's the rough outline at the moment so I'll have to wait for the next stage.

by waylander62 Tue Jan 29, 2019 3:21 pm

you may have missed a little trick here Crying or Very sad

what you could have done is filled in the DQ, ticked yes for mediation then hand written in the mediation box please see separate letter enclosed.

then...... explain that you, the defendant are quite happy to enter into mediation but are unable to do so due to the Claimant not providing the correct and lawful documentation to prove their claim, in order to save the courts valuable time could you respectfully request that the court order the Claimant to file and serve the documents abc etc.

may not have worked but the courts are very busy and it may be that a busy Judge would do just that, failure by Lowell to adhere to the court order would mean striking out the claim.

by **assassin** Wed Jan 30, 2019 1:52 am

Agree with Waylander.

by barnwebb Wed Jan 30, 2019 8:01 pm

Ah, bah humbug etc, didn't think of that one waylander.

Anyway, I have been pulling my house apart and found some old statements and the interesting part is that the account number is different.

The particulars of claim say I opened the account in 1999 under reference number xyz but it was a different number back then and changed to xyz about ten years later for reasons unknown.

Am I barking up a tree or am I able to use this fact in my favour ?

Thoughts anyone Smile

by sam Wed Jan 30, 2019 11:05 pm

Hi barnwebb mediation is a wast of time full stop , the account number should be the same , if not ,do not say any thing until in court or they will change it to the correct account number before court day , and you lose the chance to win, if it just a reference number they will just will say administration mistake , but you are doing the right thing checking all your paperwork.

by waylander62 Thu Jan 31, 2019 1:03 am

sam wrote:Hi barnwebb mediation is a wast of time full stop , the account number should be the same , if not ,do not say any thing until in court or they will change it to the correct account number before court day , and you lose the chance to win, if it just a reference number they will just will say administration mistake , but you are doing the right thing checking all your paperwork.

no one has suggested mediation ??

by barnwebb Wed Mar 06, 2019 12:45 pm

Thanks sam and waylander.

Just a little update, a month ago I was informed that everything was being transferred to my local court and since then an uneasy silence has descended upon the world so I can only wait to see what will happen next.

by waylander62 Wed Mar 06, 2019 4:29 pm

hi barnwebb

in this letter regarding transferring to your local court i would assume there was also a load of directions ? what you should do next ? when to submit witness statements etc ?

or was it just a simple letter stating that it was now going to be transferred to your local county court ?

by barnwebb Thu Mar 07, 2019 6:58 pm

Hi waylander, it was just a simple letter stating that it was now going to be transferred to my local county court and since then I've heard nothing for over a month. No doubt the silence is allowing Lowell plenty of time to create some paperwork to suit their case as judges appear to accept pretty much anything these days from what I gather.

by waylander62 Thu Mar 07, 2019 10:01 pm

that can often be the case, lowell can be particularly good at it.

however this is where a SAR often helps as if they (lowell) send something completely different to what was in a SAR you can file a notice to prove calling them out on it.

the courts are in a mess to be honest and are taking weeks to send out hearing details and allocating dates for hearings.

Now is the time to study all of the paperwork and ask any serious questions that you may have .

by barnwebb Tue Mar 12, 2019 1:33 pm

Thanks waylander, if you have the spare time to have a quick look I would appreciate your thoughts on the other active thread I have at the moment. Only two pages worth at the moment. Smile

Thanks in advance.

https://goodf.forumotion.com/t1830p25-hoist-portfolio-howard-cohen-letter-of-claim

by barnwebb Sat Mar 30, 2019 5:29 pm

Just a quick update folks.

Got a letter from the court, again trying to push for mediation (trying to dodge the issue I think) and giving a date for a hearing in August. Lowell have to cough up the fee for it by July or the claim will be struck out (one lives in hope) and in the list of directions it states that the 'original documents must be brought to the hearing' which should be interesting as I haven't had any originals or certified copies sent to me yet.

by waylander62 Sat Mar 30, 2019 7:45 pm

this should also include directions for the final hearing, make sure you read them because it will tell you when you have to submit your witness statement by.

by barnwebb Sun Apr 07, 2019 9:53 pm

Yup, two weeks before hearing at the latest for the witness statement.

Not overly sure what I should get together as all documents that are to be used in court have to be sent to the court and the claimant first. Anything that is produced in court that hasn't been sent out previously will be dismissed.

I was planning to produce an original statement in court that has a different number to the one that lowells has been using on their supposed genuine copies in an attempt to prove that they've been faking the older statements using the wrong number but I'll have to send them a copy of the real one that I have if I want to use it which will give them time to alter their 'evidence'. Bit of a pain really. I'm hoping they'll give up but I suspect that's unlikely.

by waylander62 Sun Apr 07, 2019 10:04 pm

no that is not necessarily correct,

you both have to file and serve upon each other 2 weeks before the hearing

if you file and serve the actual documents and they file and serve theirs which differ they cant then suddenly re file and serve new ones before the deadline !?

the deadline is 2 weeks before the hearing so they will get yours 2 weeks before the hearing, you will get theirs and so will the court again 2 weeks before the hearing so if suddenly 1 week or so later they file new ones which are different then....... ??

you need now to put forward a witness statement with all of your arguments, assignment is always a good one as i bet they have only submitted a single A4 sheet of paper to prove they have right title and interest ? what the hell does that prove !?

by barnwebb Tue Apr 09, 2019 3:30 pm

Yup, I get it.

I'll have to sort out the witness statement and not leave anything out.
Any suggestions on how to create the ultimate watertight witness statement ?

As for an A4 sheet of paper, I wouldn't know. The last time on a different case the biased judge refused to let me see any Deed of Assignment. Gave me the impression he was receiving a backhander pay off.

by waylander62 Tue Apr 09, 2019 4:44 pm

a watertight witness statement ? now there's a question ?

you have to deal with each thing in turn,
agreement inc. t & c's
default
how alleged sums have become due
assignment: an A4 sheet of paper does not confer a benefit on the claimant nor does it prove that they have full title to act as lender under any agreement

by barnwebb Mon Apr 15, 2019 3:10 pm

I'll have to see what winning formula I can cook up !

by barnwebb Sun Apr 21, 2019 8:21 pm

Received on Thursday just in time for Easter an A4 envelope in which yet again lowell have sent me the same photocopy "documents" as before and offering a Tomlin Order. No doubt trying their best to get at me psychologically so I'll do a dying fly and pay them what they don't deserve. Well they can whistle dixie, I'll not give in to their psychological warfare !!

by barnwebb Fri Jul 19, 2019 4:07 pm

Thing have been grinding away.

I did a SAR on Capital One and in their return letter they said that the Deed of Assignment was with the paperwork but of course that was a blatant lie as it wasn't there. I should of expected that knowing how corrupt everything seems to be.

Sadly among it was the default letter which told me that Lowell will now have it and low and behold when I got the copy of their 'witness statement' for the hearing (soon) it was there.

So that puts me into a bit of a dilemma as I was relying on that not appearing and had said so in my 'witness statement' but now it's turned up.

I'm not sure if I should negotiate with the enemy before the hearing or just wing it at the hearing. If I lose, which is quite likely particularly if the judge won't entertain inspection of the Deed of Assignment, then I'll wind up with an unwanted CCJ as I haven't got the money to pay off the claim in the 14 days that seems to be allowed for such things.

Any advice would be useful.

All the documents they have are unverified copies, or reconstituted, the original account is from the late 1990's.

P.S. the copy/recon 'statements' have got my name on but not got my account number on but some other 12 digit number. I don't suppose that matters too much as statements aren't proof of debt but just transaction history.

Any thoughts ?

by waylander62 Fri Jul 19, 2019 6:13 pm

hi

this sounds very close to the final hearing now, the only thing i can suggest having not actually seen any of the paperwork is that you go through their witness statement carefully and the documents they have provided to back up their WS.

anything that is not as it should be or is insufficient proof then make a note of it for one final argument.

i dont understand the bit where you say the SAR contained a "default letter which told me lowell will have it" ? can you explain this.

by **daveiron** Fri Jul 19, 2019 6:37 pm

You say the account is from the 90's ,is the copy of the agreement totally legible & complete ?

by barnwebb Sat Jul 20, 2019 10:15 am

Hi daveiron,

Thanks for the quick reply.

No the copy isn't totally legible and if you mean 'complete' being all terms/conditions etc being on one page then no as they have printed out a reconstituted version of the terms/conditions and stuck my name and address on it.

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