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BW Legal on behalf of Lowell Portfolio, advice needed....

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  • #46
    Re: BW Legal on behalf of Lowell Portfolio, advice needed....

    Thanks for the feedback, it doesn't look good then, what is the best approach to negotiating a deal with them, should I call them or do it in writing?

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    • #47
      Re: BW Legal on behalf of Lowell Portfolio, advice needed....

      Sorry, I know its not the best news in the world. Nem might spot something I haven't so hang on till lunchtime. I can be a bit cautious with these things but to me if there is anything to argue it would be a heavy technical argument and you are starting off on the back foot.

      If you feel like speaking with them ( they are okay to talk with) then a phone call is quickest way to sort things out but email should be okay. If they agree to a Tomlin you want them to send you a draft and lodge it with the court. Make sure it is affordable long term as if you default on the Tomlin then it is is virtually Instant CCJ time. Of course a F&F would be the best way to ditch the whole thing. Start with the 'I've recieved your witness statement and documents I have been asking for since last September and have now had a chance to go through them. I think the best way forwards is to come to an arrangement with you so we don't need to use up any more of the courts time' type thing.
      #staysafestayhome

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

      Received a Court Claim? Read >>>>> First Steps

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      • #48
        Re: BW Legal on behalf of Lowell Portfolio, advice needed....

        Originally posted by Kati View Post
        Got it Kati, Thanks !!
        xx:tinysmile_twink_t2:
        nem

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        • #49
          Re: BW Legal on behalf of Lowell Portfolio, advice needed....

          I have to agree with Amethyst the agreement is sound.
          One query on a part on the Ts & Cs which you have redacted, " the parties to the agreement" is this as I expect your name and address at the inception of the agreement?

          Otherwise I would expect a judge to be of the opinion that the liability subsists.
          The lack of a DN is unlikely to be of use, the internal record not will suffice as Amethyst has said.

          This claim is now in my opinion suitable for mediation via HMCTS Small Claims Mediation Service, as Amethysts has said a Consent
          ( Tomlin) Order, is most probably the way this should proceed, if you reach an affordable payment plan and keep to it no CCJ is recorded, if you breach the agreement the claimant can apply for summary judgement.

          For information: Mediation can take place as a " telephone appointment" with the mediator passing the information between the parties, considerably less stressful compared to a court hearing.

          The mediator is not a judge, solicitor or barrister and cannot give any legal advice.
          Nothing said in the mediation process can be used in any court hearing should the mediation fail.
          NB keep everything in writing!!
          nem

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          • #50
            Re: BW Legal on behalf of Lowell Portfolio, advice needed....

            Many thanks Nemesis, how do I get to this stage and avoid the court hearing, on the paperwork I said No to dealing with mediation as at the time I had nothing from them so there was nothing to mediate on. I may be able to get a lump sum from a relative for a full and final settlement however the best I would be likely to raise is 50%, is this worth trying at this stage and how best to do it? Clearly avoiding the hearing should be a priority at the moment so knowing how to do this would be really helpful....

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