Ccj dismissed what happens next??

[Mattc1803]

Hello recently I went to court to argue my case against Bryan carter/Lowell and I won on the grounds I proved they had produced fraudulent documentation but I was wondering what happens now?? What if anything Lowell can do?? Any help or advise would be massively appreciated thank you

[Amethyst]

Re: Ccj dismissed what happens next??

They could appeal. they have 21 days to do so. If they don't then that will be the end of it.

Did you have any costs awarded to you?

Did they appear in court ?

Did the court actually rules they provided fraudulent documentation or that the documentation didn't meet the requirements under s.77-79 / s.61 CCA ?

Well done xx

[nemesis45]

Re: Ccj dismissed what happens next??

Hello recently I went to court to argue my case against Bryan carter/Lowell and I won on the grounds I proved they had produced fraudulent documentation but I was wondering what happens now?? What if anything Lowell can do?? Any help or advise would be massively appreciated thank you

Hi, welcome to LB

What was the judgement order? Claim dismissed /struck out and sanctions on Carter/Lowell?

Some history of this saga please.

nem


HI

[Mattc1803]

Re: Ccj dismissed what happens next??

I was taken for a ccj.
No costs were awarded to me
They didn't send anyone to the court.
The judge said that the evidence I provided was enough to have there claim dismissed but I'm yet to receive a letter from the court.
The judge never mentioned any sanctions all he said was he didn't think I'd hear from them again that's why I wanted to ask the question as to what might happen now. Thank you for the quick replies.

[nemesis45]

Re: Ccj dismissed what happens next??

I was taken for a ccj.
No costs were awarded to me
They didn't send anyone to the court.
The judge said that the evidence I provided was enough to have there claim dismissed but I'm yet to receive a letter from the court.
The judge never mentioned any sanctions all he said was he didn't think I'd hear from them again that's why I wanted to ask the question as to what might happen now. Thank you for the quick replies.

Ok there's a backlog in the court system , you will be notified that the claim has been dismissed.

This situation could help us to advise others if you could explain about these " fraudulent "documents" we deal with many Carter claims.

nem

[Mattc1803]

Re: Ccj dismissed what happens next??

Okay so the document in question was a letter of default.
The letter itself wasn't on headed paper considering it's supposed to of come from the bank. There were bits missing for example where it said if you have any questions please call and then where it said telephone there was no phone number and the icing on the cake was that the document was claimed to have been signed by a gentleman in 2013 who ceased to work for hbos in 2009 and I got that information by a quick search of his LinkedIn profile. I have a print out of his profile to the court with that information on and it was dismissed on those grounds. Just to clarify if it's been dismissed then they have no recourse??

[Amethyst]

Re: Ccj dismissed what happens next??

Usually the DCA's ( Lowell/Cabot) just provide a template default, and state so - and provide the screen notes stating when it was sent, and get on with that fine. If the firm against you mocked up a default notice and pretended it was a true copy, complete with faulty signature ( nice work there ) so quite handy they didn't show up to argue it.

As it was dismissed without the other party present they could apply to the court - whether the judge allows them to or not is another matter - did they inform the court they wouldn't be attending prior to the hearing ? If they wanted to try again/sold the debt on to another company who tried again, they would need permission from the court.

If it was BC and in small claims I doubt very much if you will hear from them again. They tend to rely on people cacking themselves at the sight of a court claim and paying up no questions asked. Attending court and appealing dismissals aren't really their thing.

[Mattc1803]

Re: Ccj dismissed what happens next??

They sent in evidence on paper and informed the court they wouldn't attended. It's was small claims tracked so I guess it was small claims court??

[Mattc1803]

Re: Ccj dismissed what happens next??

hey sent in evidence on paper and informed the court they wouldn't attended. It's was small claims tracked so I guess it was small claims court??

[Amethyst]

Re: Ccj dismissed what happens next??

Good stuff, that means they asked the court to hear their side on paper then, so it would have to be an appeal. So you should get the dismissal notice in the next couple of weeks If not then chase up the court.