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Hopgood Vs Lowell Portfolio

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  • #31
    Re: Hopgood Vs Lowell Portfolio

    Hi everyone. I finally received from Lowell on the deadline of their return response date a copy of the Directions Questionaire which they have logged with the court. This was on 25/6/2017. They stated that I would receive a copy of the same directly from the court for completion and return. The court would then use this information contained in both copies to make a decision. I do not want mediation as this is the same thing I would have to pay a debt I don't owe. What concerns me is that it is now 17/07/17 and I have received nothing from the court. Should I contact them to find out what is going on?

    Thanks Gemma

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    • #32
      Re: Hopgood Vs Lowell Portfolio

      Originally posted by GemHop81 View Post
      Hi everyone. I finally received from Lowell on the deadline of their return response date a copy of the Directions Questionaire which they have logged with the court. This was on 25/6/2017. They stated that I would receive a copy of the same directly from the court for completion and return. The court would then use this information contained in both copies to make a decision. I do not want mediation as this is the same thing I would have to pay a debt I don't owe. What concerns me is that it is now 17/07/17 and I have received nothing from the court. Should I contact them to find out what is going on?

      Thanks Gemma
      MEdiation is not saying you agree to pay a debt you dont owe, it should be seen as a chance to try and resolve the issues in the case and whats more an unreasonable refusal to mediate can result in cost sanctions. If you google OMFS v PG 2, youll see the senior Courts ruling
      I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



      You can also follow my blog on consumer credit here.

      Comment


      • #33
        Re: Hopgood Vs Lowell Portfolio

        With that in mind what is the best thing to do? Still nothing from the court... I'm really getting nervous

        Comment


        • #34
          Re: Hopgood Vs Lowell Portfolio

          Originally posted by GemHop81 View Post
          What concerns me is that it is now 17/07/17 and I have received nothing from the court. Should I contact them to find out what is going on
          The answer to your original question is 'Yes' call the court to ask whether they have sent you a DQ in the post because you've not received one.

          Di
          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

          This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #35
            Re: Hopgood Vs Lowell Portfolio

            I have been trying to contact the court since via phone. It is always engaged. I have found an email address to send an email to:

            Lowell Portfolio vs GemHop81 (claim ref: XXXXXXXX)

            To Whom It May Concern,

            I am wondering if you are able to help me as I have come to a point in this case where I am unable to move forward. I have repeatedly tries calling the court (0300 123 1056) to no avail as it is always engaged regardless of what time I call. My last correspondence from Lowell Portfolio was a letter showing me their request that they have lodged with the court requesting mediation to which they stated the court would be in touch soon with a form of a similar kind for myself to either accept or decline their offer. To this day I still have not received anything from the court (nearly a month later). I am worried that these important documents may have been delayed in the post and could hinder my defence if not returned in time to the court.

            If possible please could you let the person who is dealing with my case know that I have not received this document and if possible send out again so that we can get this case again moving. I fully appreciate any help or cooperation from you regarding this. If you should also require any further information from myself please do not hesitate to contact me on 0........... or in return to this email .............@yahoo.co.uk

            Yours sincerely,
            Last edited by Kati; 26th July 2017, 12:57:PM.

            Comment


            • #36
              Re: Hopgood Vs Lowell Portfolio

              I have an update on this. I finally spoke to the court and they told me that Lowell missed a deadline on their reply to the court when they sent in their mediation request paperwork. Because of this the court sent them their paperwork back and the status on my case is now "stayed". They told me that in order for the case to go ahead Lowell would have to apply to the court and a judge giving reasons why they believe they should be able to go ahead with the case regardless of their faux par.

              They told me I cannot request for the case to be over turned and dismissed as it is in a holding either as such. This means regardless of the passage of time Lowell can at any point even in say 10years time open it up again?! Is this right?

              Comment


              • #37
                Re: Hopgood Vs Lowell Portfolio

                ...Lowell missed a deadline.... my case is now "stayed"
                It might be wise to hold fire for a while & see what happens (or doesn't).
                If you react too quickly, it may result in Lowells waking up to the fact (stayed) & doing something about it.
                "Draco dormiens nunquam titillandus", as they say at Hogwarts.
                CAVEAT LECTOR

                This is only my opinion - "
                Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #38
                  Re: Hopgood Vs Lowell Portfolio

                  Thankyou very much for your help and advice. I also found it very bizarre reading this when I read your Hogwarts quote given I was watching ITV at the time which was showing one of my favourite Harry Potter films.

                  Comment

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