Lowell response to CAA

[Wookiee]

Sorry mike forgive me that's me being stupid. They have sent me a copy of what they have sent to the court. So I would assume the court will be sending me the same directions questionaire? "In the meantime bla bla bla get in touch with us etc etc" so when I receive my copy I tick no to mediation because there is nothing to mediate as they have sent me no information. ?

[Amethyst]

Is the letter from Lowell or from the court?

You will need to complete the directions questionnaire but only when the court asks you to.

The claim, and the defence, will not actually have been looked at by anyone yet - the first time it actually gets read is when it is sent over to your local court AFTER directions questionnaires have been returned. Crap system I know.

That

Yes wait for the court to send you a DQ then complete it and return it, tick yes to mediation as you can always turn it down later if you still have no documents, and it looks better to the Judge later if you agree to mediate at this stage.

"Please ensure you tick yes box in part a1"which they already have for me then states if I would like to settle matter directly get in touch to arrange a settlement or payment plan. Then recommend independent legal advice or citizens advice

That's extra cheeky and I think out of order... keep a copy with your other court letters etc as I think it wants mentioning in your Witness Statement later.

If you don't receive a DQ to complete within the next week, give the court a call to check what's happening - mention you're concerned you have received a DQ from the claimant but you haven't heard from the court at all. Sometimes Lowell send the DQ only to you and the claim's actually been stayed at the court … so it is worth checking.

[Wookiee]

Sorry amethyst I've only just seen your reply also yes the letter is from Lowell. I think I will now be sent the same questionaire by the court so am I right in saying I tick no to mediation because they haven't provided any documents there isn't anything to mediate ?

[Wookiee]

God I am so sorry I've just noticed your other reply Iam not very good at this am I, that's great have seen all your feedback now thank you I will do as you advise and thanks again

[Amethyst]

Yes you should be sent a directions questionnaire by the court. If you haven't had anything in a week, call the court and check the status of the claim.

Tick YES to mediation. It can be cancelled later ( the court asks if you have all the required information to enable you to mediate, and you say no ) but it looks better to show willing for now, in case they do provide the documents before mediation is arranged.

[Amethyst]

God I am so sorry I've just noticed your other reply Iam not very good at this am I, that's great have seen all your feedback now thank you I will do as you advise and thanks again

Ha ha, don't worry, I do it all the time ( as I have just proven !) xxx You'll be fine, honestly

[Wookiee]

You've given a very much needed calming influence to this whole rechid thing and can't thank you enough xx

[Wookiee]

Hello mike and amethyst, so I received the questionnaire from the court and inside is an advice sheet to be valid for mediation I must be able to answer yes to 2 questions one of which being "I can confirm that I have enough information about the claim to allow me to enter into negotiations" which is a no as they have not sent credit agreement or statement of account which was requested over 40 days ago, so Iam going with no mediation on the grounds of no relevant evidence to support claim, on the front it says complete and send back to the court and serve copies on all other parties ??? am I sending this to them as well or do the court do that ? Not entirely sure why I would send this to them and do I have to??

[MIKE770]

so when mediation rings and ask if you the all the necessary papaerwork to go to mediation - you sstate NO, they will then state mediation not possible and hand the case back to the courts for the next stage - no questions asked further from them!

[Hybridtheory]

Hi Wookiee. Im in the same position as you and was about to ask the same questions! Like you, i cant answer no to both questions so dont know whether i should agree to mediation or not. Lowell have provided me with a copy of the deed of assignment when asked but are stalling on providing me with a copy of the original credit agreement. Im thinking of saying yes to the mediation but then turning it down when the time comes on the grounds that they haven't provided me with the original credit agreement. Its all new to me and im terrified of making that one mistake that will result in a 'gotcha!' from Lowells.

[MIKE770]

do not turn down mediation as the court expects you to co-operate save as to courts time, let the other side play around and mess about, if you do not have a requested CCA1974 then tell mediation who will take note and inform the court mediation not possible and the court will continue next stage,

You state you have copy of assignment?? you sure or just assignment to them of the account - two different things read threads before jumping into the quagmire?

have you your own thread?

[Hybridtheory]

Its a copy of assignment to them.
I have read threads and have asked for help on my own thread. Some did help me but ive not had a response to my last question, so decided to have a look if anyone else was in the same position.
Apologies if i have broken forum ettiquette, this is all new to me.

[Wookiee]

Hi Mike and hybrid theory the form from the court clearly states if you can't answer yes to both of these statements then mediation can not apply to your case ? Lowell have provided me with absolutely nothing at all and have had over 40 days to do so? Iam simply doing as per court requests and saying no to mediation, it was the serving of copied to other parties I was unsure of. Do I have to send that to Lowell's ? I was under the impression to just send that back to the court via recorded delivery again and await their response ?

[MIKE770]

cannot say NOOOOOOOOOOO you have to let mediation ask if you have all the necessary paperwork, you say no if you have not ( you have then shown willingness) you can say no but the court would frown on it as no attempt to save court time? read threads on the subject!

[Wookiee]

It clearly states on the form provided by the court that if you can not answer yes to the 2 above statements ( which I can't) then mediation is not applicable for your case ??? That's their instruction mike?