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Thread: Lowell v Hairbear

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  1. #26
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    Default Re: Lowell v Hairbear

    Good Morning Beagles
    I have received a letter from the court informing me that
    Lowell are defending their claim
    That the case is suitable to the small claims track
    to fill in the Small Claims Directions Questinaire

    I still have not received the Default notice

    Any suggestions

    Many thanks as always

    Hairbear

  2. #27
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    Default Re: Lowell v Hairbear

    Hi Hairbear

    Complete & return the DQ by the due date if you have received it from the court.
    Say 'yes' to mediation.

    Usually, the next step is that Mediation Services will contact you.

    In the meantime, familiarise yourself with Brandon v American Express & the importance of a valid DN.
    http://legalbeagles.info/wp-content/...tober-2011.pdf
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    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
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    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
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  3. #28
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    Default Re: Lowell v Hairbear

    Thank you very much Charity for the advice it is very much appreciated

    regards Hairbear

  4. #29
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    Default Re: Lowell v Hairbear

    Hi Charity and Beagles

    Just an update,

    I have been reading Brandon v American Express

    Section 8 87 A default notice must be served to be able to demand earlier payment

    If Lowell refuse to provide a default notice does this mean that they have breached the CCA.
    If the original lender would have normally gone down the default route then I would be entitled to receive one

    I have also received notification of mediation. One of the questions it asks is have you all the information and documentation you require for the case. If I still have not been provided with the default notice by Lowell could this affect mediation

    If anyone has any advise on dealing with mediation I would be grateful

    As always I am so very grateful for all the help and advice

    Cheers HAIR

  5. #30
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    Default Re: Lowell v Hairbear

    Lowells will not have served a s87 DN......that should be via the original creditor.
    It would be mandatory before they can terminate the agreement for non-payment.

    However, if Lowells can persuade the Judge that the records show that a DN was sent on XX date, & that the DNs sent out were in YY format, & the DN always allowed for the statutory time needed, then the Judge may accept that, in the balance of probabilities, a compliant one was sent.

    I have not had dealings with mediation, but I'm led to believe that, if documentation requested has not been sent, Mediation Service deem the case unsuitable for mediation. It is usually referred back to court for further instruction. (Perhaps allocation to a hearing venue, as you have received/returned the DQ.......have you?)
    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

  6. #31
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    Default Re: Lowell v Hairbear

    Thanks for your reply Charity

    Would lowell have to produce a copy of the default notice for the judge. I could not find one in the documents from the data request from HBOS and Lowells have not supplied one in the CPR request. Would it be worth asking Lowell again for a copy of the DN or just see what I get from mediation

  7. #32
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    Default Re: Lowell v Hairbear

    Okay the only outstanding document is the Default Notice, and they have supplied an example of what it would have been like, and have screennotes showing it was sent so on balance of probabilities it will be deemed to have been sent and presumably compliant. The CCA is compliant (HBOS for Amazon credit card?) and the NoA is in order? ( from reading back I think that's correct).

    You've a settlement opportunity - I don't know the terms - if you can get it settled with a consent order thus keeping a CCJ off your file and can make installment payments ? then it seems that it may be worth further negotiation with them to get the best outcome you can. Not sure if mediation's settlement amount offer is under a CCJ or by consent with the claim on hold in court?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

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