Re: Lowell threatening me Again !!

by barnwebb Sat Nov 24, 2018 12:42 am

memegirl777, yes it happens all the time, 'codes from printing machines the same' etc, the problem is persuading the judge to give a damn as all they seem to care about is whether you received the Notice of Assignment for example, and don't seem to give a monkeys who printed it or whether it was sent to you correctly. Once you've said you've received it then the rest is ignored no matter how dodgy it is as the judge just wants to go home to his pie and chips.

by barnwebb Thu Nov 29, 2018 7:14 pm

Ah well, for what it's worth I've sent off the defence and the CPR18 which I'd completely forgotten about so we'll see what happens.

by barnwebb Thu Dec 06, 2018 2:58 pm

Hi folks,

I have been going through the paperwork and noticed that the photocopies of the Notice of Assignment that lowell solicitors say that lowell and cap one allegedly previously sent me have dates that are two days different from the actual originals (both having appeared with lowell print code up the edge) and one of them is even signed by a completely different person.

Any suggestions on how to approach that one should I need to ?

by waylander62 Thu Dec 06, 2018 3:24 pm

assignment issues are very difficult to fight in court as judges tend to accept anything

by the sounds of it you have 2 notices
i) 1 from Lowells and 1 from capital one

ii) you have then been sent a further copy of the notices but contain different dates, which one contains a different signature ? the lowells one or the cap one one

have they issued a claim for this yet ?

by barnwebb Fri Dec 07, 2018 10:04 pm

Hi waylander,

It's the cap one photocopy assignment letter that has a different name and signature compared to the one that they sent to me originally.

Seems to me that they have a collection of signed templates that they just put whatever they like on when it suits them.

Yes, the claim has been issued and I've sent in my attempt at a defence although I deeply suspect I'll get stitched up again.

Was I supposed to send a copy of the defence to Lowell ?

I ask this as the court sent me an acknowledgment of receipt of the defence and said that they would send a copy to Lowell. I got a letter from Lowell today 'Notice of pending County Court Judgement' saying I hadn't responded to the claim and that they're going to ask the court to do x,y,z etc. My immediate thought to that was "get stuffed" !!

Onward Smile

by waylander62 Fri Dec 07, 2018 10:20 pm

hmm, highly suspicious that cap one have sent you 2 notices of assignment by 2 different people with 2 different dates on it !!!!!

definitely now put in a part 18 request for a copy of the Deed of assignment due to the conflicting notices allegedly sent by Cap One.

And file a notice to prove asking them to prove the actual date of assignment for the reasons above.

no you dont need to send a copy of the defence to Lowell

yes they can get stuffed on that one. E mail a complaint to the FCA stating you are a LIP and they should not be threatening you in this manner when the courts have already served a copy of your defence on them, ( provide evidence )

was there any PPI or insurance with the cap one card ?

by barnwebb Sun Dec 09, 2018 4:16 pm

Hi waylander,

Just to clarify, as I probably didn't make it clear enough, the date of the alleged assignment is the same on both letters but the date at the top of the actual letter is different from the original. The format of the assignment date on the letters is different too, though I suppose no judge would care. The original letter is 00/00/00 and the photocopy is 00 Month 0000.

Also I only originally received one notice of assignment allegedly from capital but with lowell print code all up the side. I also received a lowell one in a separate (but exactly the same type of) envelope. The second (photocopy) capital letter with the different name, signature and date lowell sent themselves as their proof that capital sent the NoA. The second (photocopy) letter of lowells supposed NoA that came with it was much the same as the original they sent but again the date at the top was different.

I did put in a part 18 request so should I update it with a new one ?

Sorry but what does 'LIP' stand for ? (Litigation in Progress ?)

There was no PPI or otherwise on the card although I've no doubt capital insured it in the same way as mortgages so are quids in anyway.

Cheers

by waylander62 Sun Dec 09, 2018 5:45 pm

i think i understand

if the notices from capital one are different in any way then put in a part 18 request for an explanation as to why ? Request a copy of the Deed of assignment to confirm that this has been lawfully assigned.

put forward a notice to prove that these notices are indeed genuine and not created and sent by Lowell themselves

write to capital one and request a copy of any notice of assignment sent to you informing you that they had assigned this account.

LIP stands for litigant in Person,

in their particulars how do they describe assignment of the account/debt

by barnwebb Tue Dec 11, 2018 6:43 pm

Hi waylander,

Thanks for that.

They've already said in a previous letter that the Deed of Assignment is private and they're not going to show it to me.

Below is the particulars of claim.

by waylander62 Tue Dec 11, 2018 9:13 pm

put in a part 18 request for further information regarding the assignment

put the reason why you are requesting this information, put your doubts of how genuine this assignment is inclde dates , signatures etc

and make a further request fro the deed,

a part 18 request is also filed with the court.

definitely right to cap one and request a copy of any assignment letters sent to you by them.

by waylander62 Tue Dec 11, 2018 9:15 pm

just read their POC

in the part 18 request also ask if the account defaulted as they dont mention this.

but they do mention the account being terminated so ask for the termination notice if they have not sent one.

by barnwebb Wed Dec 12, 2018 7:00 pm

Thanks waylander, I'll get on to that and update when/if something happens Smile

Let me know if you think of anything else I can pressure them with.

by Ausk Thu Dec 13, 2018 8:04 am

barnwebb wrote:memegirl777, yes it happens all the time, 'codes from printing machines the same' etc, the problem is persuading the judge to give a damn as all they seem to care about is whether you received the Notice of Assignment for example, and don't seem to give a monkeys who printed it or whether it was sent to you correctly. Once you've said you've received it then the rest is ignored no matter how dodgy it is as the judge just wants to go home to his pie and chips.

So what you might like to consider doing is developing questions that cast doubt on the authenticity of the notice of Assignment. Frame your questions to the DC like this:

Mr DC Can you prove with substantiating evidence that the Notice of Assignment conforms to section xyz of the property law act in you justification

Can you prove with substantiating evidence the assignment relates to the alleged claim of debt against me?

Can you prove with substantiating evidence that you have been legally and lawfully been assigned this alleged debt? (yes I can here it is - well why did you not send me a certified copy of it when I requested it from you?)

Anything they answer something like i am of the elief ..... then you rephrase the question and ask it again with something like "is it possible that the assignment has been fabricated form many documents - Them no. You well can you prove it hasn't ?

Develop your questions, and role play the questions with a friend or family member.

this is called cross examination and its vital part of creating a "Preponderance of Evidence" in your favour.

Should you decide to go down this path perhaps you might like to keep the questions you developed and perhaps create a thread to put them in so others can access them as time goes by. Perhaps then others will add theirs and so on until there is a nice big store of cross examination questions that others can draw from for their cases.

by barnwebb Fri Dec 14, 2018 1:18 am

Thanks Ausk, I'll have to work on my questioning style as it's not a strong point.

by barnwebb Sat Dec 15, 2018 5:27 pm

Lowells must think that because it's Christmas I'm going to suddenly want to make a deal. They've just sent me a copy of a 'Directions questionnaire, (Small Claims Track)' that they've sent to court where they have agreed to mediation. They suggest that should I like to mediate also then I should tick 'yes' in my own questionnaire. There is a couple of problems with that, first off is I haven't got a questionnaire (I assume the court sends me one, I don't know), second is that I get the feeling that maybe they think their case isn't water tight so are 'trying it on' so to speak, in which case they can go and whistle dixie as I'm in no mood to mediate with these crooks and am crossing my fingers that I don't slip up somewhere and lose.

by waylander62 Sat Dec 15, 2018 6:39 pm

No, a directions questionnaire is sent out by the court for both parties to fill in and return, it is a requirement.

failure to return a directions questionnaire in time can lead to a claim or a defence be struck out for non compliance.

they are sent out to each party along with directions are you sure you have not seen one ??!!

by barnwebb Sun Dec 16, 2018 12:04 am

No waylander, I've not even heard of one before let alone seen one. If I don't get one by Wednesday I'll call the court to find out why.

Thanks for the info.

What is the usual timescale that it would need to be returned ?

by waylander62 Sun Dec 16, 2018 10:58 am

yes you need to contact the court ASAP

timescales vary, the court sends them out to both parties and specifies a date by which they must be filed and served

i dont understand why you have not received this from the court ?

by barnwebb Sun Dec 16, 2018 6:51 pm

Thanks waylander, I'll get on to that !

by barnwebb Tue Dec 18, 2018 11:33 am

Telephoned the court and according to the chap there the court won't send me a directions questionnaire until they've processed the one they have received from lowell. Likely to be next year (2019) now as they are apparently very far behind with paperwork there. Once received I have three weeks to return it as far as he knew.

All I know for the time being.

by waylander62 Tue Dec 18, 2018 8:57 pm

never heard of that one before Shocked

by **assassin** Wed Dec 19, 2018 6:34 pm

Waylander: the court cannot act until it receives and processes the paperwork as they have to also accept the case, they may choose NOT to accept the case for several reasons.

by waylander62 Wed Dec 19, 2018 8:26 pm

assassin wrote:Waylander: the court cannot act until it receives and processes the paperwork as they have to also accept the case, they may choose NOT to accept the case for several reasons.

i know what you mean assassin, but every case that i have helped with and including the 7 of my own all of which have gone to court a directions questionnaire has been sent out to both parties to file and serve at the same time ?

i remember a few years ago sending one back for my wife and the DCA (MKDP it was at the time) were late sending theirs back and the next thing we received was a court order giving MKDP 7 days i think it was, to file and serve their DQ or the claim be struck out !

i agree the court cannot act until it receives and processes the paperwork, this DQ is the paperwork it needs, but is a requirement of both claimant and defendant. I was concerned for barnweb that if he didnt file and serve in time the court may strike out the defence

by **assassin** Thu Dec 20, 2018 1:36 am

I understand what you mean Waylander but the courts are backed up with these cases and are doing a large number of them as administrative cases and finding against the claimant, I would suggest that he telephones the court again and asks them to send out their claims in writing as anyone answering a phone can claim the usual "we have no knowledge of this" tactic they employ.

by waylander62 Thu Dec 20, 2018 10:14 pm

assassin wrote:I understand what you mean Waylander but the courts are backed up with these cases and are doing a large number of them as administrative cases and finding against the claimant, I would suggest that he telephones the court again and asks them to send out their claims in writing as anyone answering a phone can claim the usual "we have no knowledge of this" tactic they employ.

yes i totally agree with that ! you cannot rely on a phone call.

you could e mail the courts and raise your concerns that way, it is then on record, in my recent experience the court sends an auto reply back so that should cover you. I dont usually like e mails but in this instance it may be a good idea the courts are trying to push using online services more and more these days.

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