Re: Lowell threatening me Again !!

by barnwebb Tue Aug 06, 2019 9:40 pm

Thanks waylander, indeed no proof, erm, evidence was forthcoming Rolling Eyes

by barnwebb Tue Aug 06, 2019 9:44 pm

Thoughts on what is happening in my other thread would be handy if anyone would be kind enough to take a look Very Happy

https://goodf.forumotion.com/t1830p50-hoist-portfolio-howard-cohen-letter-of-claim#24205

by onak Tue Aug 20, 2019 2:51 am

barnwebb wrote:
Basically to cut a long story short, anything to do with having sight of any part the Deed of Assignment wasn't going to happen and the judge thought it an unnecessary and almost impossible task to ask Lowell to go though gigabytes of data stream containing thousands of accounts just to find mine. He decided that all the four different Notice of Assignment I had been sent by normal post were valid despite all of them coming from Lowell and notice was enough to validate actual assignment. This is the type of moment where I wish I could afford a proper lawyer who knows his stuff as despite my disagreement that was his final decision.

What a con by this Lowell crowd! Not surprised about the Judge using his discretion. You say he was nice and all that, but it's outrageous thats what we all hope for in a court of law, to get a "nice" judge, when that shouldnt come into it, they should be using the law and thats that. So I personally wouldn't be giving the Judge a break there. I've seen it time and again, where they side with the big pharma or the big lenders. His claim that it was unreasonable to ask Lowell to produce a document and go through "gigabytes of data stream" is also absurd, and tells us you've lost before you walk in. For some reason (gee i wonder what that is) they prefer to use their discretion by viewing notices of assignment that a secretary has typed up on nice letterhead, as well as photocopies of credit card statements, as their only evidence of a contract that you are liable for. And that's that.

I don't have any solid advice as I'm going through the exact same thing and trying to fight it by pointing at the dubious sale to a debt collector and if it even ever happened. But one thing i'll say is don't dwell too much on not hiring a lawyer. They would have likely looked after themselves first don't forget, and that usually means a negotiation of the amount, not an outright win, unless you get super lucky and hire the right person which is like finding a needle in a haystack. I'm not sure they exist unless you know a lawyer personally.

by barnwebb Wed Aug 21, 2019 6:20 pm

Thanks onak,

The only reason I mentioned that it was a 'nice' judge this time round was because in my previous case I had one who wasn't interested in anything I had to say and was definately not nice. He awarded the 'enemy' costs which came to just over half the value of the claim despite them not actually winning the day. He also gave them three months extra to find the Default Notice which they didn't and they eventually withdrew the claim.

Unfortunately the whole system is seriously corrupt and people like us are at the very bottom of the food chain and get exploited in every way possible as we are not wealthy enough to fight the system. If we were wealthy enough we wouldn't be in the position we are in the first place.

When it come to lawyers unfortunately I don't know any. I did speak to one a couple of years ago who said that if the claim was less than £10K he wouldn't even bother to look at it as it's likely his bill would reach that amount fighting the claim.

by onak Fri Aug 23, 2019 4:27 am

barnwebb wrote:Thanks onak,

The only reason I mentioned that it was a 'nice' judge this time round was because in my previous case I had one who wasn't interested in anything I had to say and was definately not nice. He awarded the 'enemy' costs which came to just over half the value of the claim despite them not actually winning the day. He also gave them three months extra to find the Default Notice which they didn't and they eventually withdrew the claim.

Unfortunately the whole system is seriously corrupt and people like us are at the very bottom of the food chain and get exploited in every way possible as we are not wealthy enough to fight the system. If we were wealthy enough we wouldn't be in the position we are in the first place.

When it come to lawyers unfortunately I don't know any. I did speak to one a couple of years ago who said that if the claim was less than £10K he wouldn't even bother to look at it as it's likely his bill would reach that amount fighting the claim.

Exactly right, the only winners are the lawyers by the time you pay them! Connections and wealth automatically gets you off.

I watched my best mate be a litigant in person over a few years, i'll never forget how much one Judge was buddy buddy with the solicitor on the other side, a bully solicitor from a big corporate. This Judge didn't give my friend any respect or courtesy from minute one, but there were other Judges that you knew beforehand he'd get what he was requesting from them, such as an adjournment or whatever or at least who would actually listen and not give a dismissive response, depending on which Judge was listed for his case.

by barnwebb Fri Aug 23, 2019 7:35 pm

Yes, the judge I had was buddy buddy with the 'other side' and making jokes with him. It also seemed that he was a regular at that court as everybody knew him. No room for scummy people like me in the nest of the elite.

by **daveiron** Fri Aug 23, 2019 7:53 pm

This is the very reason you cannot record in a court .It would immediately expose the corruption
that is now endemic in what is laughingly known as the British justice system.

by **assassin** Sat Aug 24, 2019 2:28 am

Nothing stopping you using a mobile phones audio and live streaming the event.

by barnwebb Sat Aug 24, 2019 6:20 pm

I should have got myself wired up with a button camera etc although I suspect the security bods at the entrance would have found it.

assassin - I didn't take a mobile phone with me as I assumed it wouldn't be allowed in court for that very reason.

by **daveiron** Sat Aug 24, 2019 6:39 pm

Yes you can take phones into court.
I believe Jimmy W from the old site recorded covertly in court ,but had all kinds of s**t to deal with when it
became known.
You can of course get hidden cameras in for example ,pens,memory sticks ,glasses etc.

by barnwebb Sun Aug 25, 2019 8:28 pm

'Nothing stopping you using a mobile phones audio and live streaming the event.' Are you allowed to record in court or is it a descreet in your pocket job after turning off all other sounds & chimes ?

'I believe Jimmy W from the old site recorded covertly in court ,but had all kinds of s**t to deal with when it
became known.' I guess you are not allowed to record in court then.

I assume that the court records everything as the judge was very precise and clear whe he was summing everything up as if he was talking into a microphone. If so, would it be possible to get a recording or transcript from the court do you think ?

by waylander62 Sun Aug 25, 2019 9:47 pm

yes you can get a full transcript of the hearing but it will cost you and i dont think it is cheap either

by mongoose Sun Aug 25, 2019 11:34 pm

I have been reading these posts you should never have lost.
1) You should have won on s127. They cannot produce a recon agreement.

other side reading the tips. If you want the content pm me

by barnwebb Mon Aug 26, 2019 2:49 pm

Thanks waylander & mongoose for the valuable informational insight,

I've, in the last few days, been looking into appealing but it seems that it is a 21 day time limit and not the 28 days that I thought which puts a bit of a stopper on that as it's gone past 21 days now.

There doesn't seem to be anything online I can find that tells you how to appeal. Some websites say write a letter to the court, some say I have to get the judge who dealt with the case to agree to letting it be appealed, I haven't come across any forms to fill in for an appeal, some say it costs money to appeal others say it's free to appeal. I'm lost in information overload here.

I was looking through the paperwork and have realised that in the original contact from the court concerning the date of the hearing, the judge, in the list of orders that came with it, ordered that the original documents be brought to the hearing. Needless to say none of the lowell documents were original but just copies or reconstituted printouts.

I was going to use this and other points, which I managed to forget to use on the day due to being brain dead with stress, as a basis to appeal.

I agree I shouldn't have lost but I'm not sure what to do next as I've missed the appeal deadline it seems and will be having to cough up, even if only a tenner a month, to avoid any bailiffs turning up as that would have a knock on effect for the wife's business concerns and things are hard enough for her already due to the greedy bank and 'austerity'.

Our 'phone got cut off the other week as I've discovered that calling the court is not cheap, I thought it was local rate but it would seem that is not so therefore that makes contacting the court more interesting. I suppose I should create a 'gmail' just to use for this reason.

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