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Lowell Court Claim & Mediation

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  • Lowell Court Claim & Mediation

    Hi,

    I hope you can help me with this!

    Lowell first came on the scene back in early 2014 regarding an alleged debt of around £2000. Straight away I sent a request for the CCA, default notice, notice of assignment, deed of assignment and a full statement of the account, as I did not and still don't recognise this debt.

    Lowell responded with a CCA, which doesn't have my signature on it, but rather it's just my name typed on it. The CCA also had my address on it. They did not send the default notice,which I have never seen whatsoever, claiming that they don't need to send it, the notice of assignment, deed of assignment - contains commercially sensitive information apparently, or the full statement - just a screenshot of the alleged account.

    Fast forward to now and a lot of back and forth between Lowell and I, Cohen Cramer came on the scene threatening court and with a letter before action, so off I sent the appropriate CPR requests. Cohen Cramer responded with the same CCA as before and claimed to include all the other information I had requested (see above) including the elusive default notice! However, there was no default notice included in their response, despite the covering letter claiming to do so. Instead, what was included was a screenshot of an MS-DOS-looking database that said "Default notice sent" on such a date.

    I defended the claim on their complete lack of evidence and refusal to supply what I had asked for the in CPR. I did tick the mediation box on the provision that they can supply the legally required documents before that time. This seemed to go over the heads of the people at Northampton and an appointment was made for mediation.

    I was called by mediation and it went straight to "Lowell say that your defence is not a defence and won't be successful in court. Can I ask how much you're willing to pay them per month?" I stopped her right there and pointed out that mediation is meant to resolve a dispute between the 2 parties, no for immediately going to offers of payment, to which she backed down. I explained that unless Lowell can prove that they can legally chase me for the debt and also prove the debt is mine, then I cannot offer any payments. The mediator exploded, "Why did you go ahead with the mediation then!? There are hundreds of people who could have had this appointment and offered payment!" I calmly explained to her again that mediation is not just about offering payment but to resolve disputes, which is also what is written in the court mediation information. She backed down again and she said she would ask Lowell if they have the necessary legal paperwork.

    A few minutes later, she called me again and said that Lowell do not have the information I requested in the CPR, however "on the law of probability" Lowell are confident they can win with a screenshot of a database. I said that due to Lowell admitting that they do not have the necessary documentation, then I will be leaving the mediation. I found her very unprofessional and biased to be honest. Also, I quite fancy asking Lowell who is their in-house judge that deemed my defence not a defence and what his or her qualifications are.

    Question is now, what happens next and what do I need to do if anything?
    Tags: None

  • #2
    Re: Lowell Court Claim & Mediation

    tagging [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Lowell Court Claim & Mediation

      the case should be passed back to court , to continue to the next stage, no documents then that will be mentioned later in proceedings. others will comment also, well done for standing your ground, something needs reporting about the mediator.

      Comment


      • #4
        Re: Lowell Court Claim & Mediation

        The case will be transferred to your local county court to be listed for hearing. They will contact you direct.

        Everything said during Mediation is Without Prejudice and cannot be revealed in court (or in a Witness Statement) by either party.

        Di

        Comment


        • #5
          Re: Lowell Court Claim & Mediation

          Originally posted by Diana M View Post
          The case will be transferred to your local county court to be listed for hearing. They will contact you direct.

          Everything said during Mediation is Without Prejudice and cannot be revealed in court (or in a Witness Statement) by either party.

          Di
          But have I done everything right? What do you think my chances of succeeding are?

          Comment


          • #6
            Re: Lowell Court Claim & Mediation

            Anyone?

            Comment


            • #7
              Re: Lowell Court Claim & Mediation

              Originally posted by sherinator View Post
              But have I done everything right? What do you think my chances of succeeding are?
              Originally posted by sherinator View Post
              Anyone?
              Hi sherinator.

              It is not possible (imho) to predict what might happen in court.
              But if you are pinning your hopes only on the Claimant's failure to produce a DN you may have an uphill battle.
              I believe that they produce evidence to show that, according to the original creditor (OC), a DN was sent on (such-&-such) date to (address) per the system used by the OC, & that it would have been in a compliant format. Therefore, balance of probabilities, you would have received one.
              A reconstituted agreement is acceptable as evidence as long as it is accurate & compliant (eg contains the prescribed terms).
              It does not need to show a signature.
              Have you checked the agreement which was sent for any discrepancies?
              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


              • #8
                Re: Lowell Court Claim & Mediation

                Originally posted by charitynjw View Post
                Hi sherinator.

                It is not possible (imho) to predict what might happen in court.
                But if you are pinning your hopes only on the Claimant's failure to produce a DN you may have an uphill battle.
                I believe that they produce evidence to show that, according to the original creditor (OC), a DN was sent on (such-&-such) date to (address) per the system used by the OC, & that it would have been in a compliant format. Therefore, balance of probabilities, you would have received one.
                A reconstituted agreement is acceptable as evidence as long as it is accurate & compliant (eg contains the prescribed terms).
                It does not need to show a signature.
                Have you checked the agreement which was sent for any discrepancies?
                Hi,

                Can you help with what discrepancies I should be looking out for?

                I've received a letter this morning saying that it's being passed transferred and to wait.

                I'm not looking for sympathy, but with my severe mental health problems at the moment, I fear this will break me.

                Comment

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