Lowell Defence Filed N180 Form Received

[dinkmack]

Hi,

I hope someone can help. I'm disabled and suffer with social anxiety and agoraphobia. I've just received a N180 form that mentions a mediation. I'm panicking because I'm not able to have a mediation. I know it's over the phone but that is also a big problem for me. Are there any other options for someone in my position?

Thanks for any help.

[Amethyst]

Hi there DinkMack,

I understand that phone calls are difficult - and I'm very similar in that regard - mainly its fear of the unknown though so maybe if you understand a little about how the mediation works it would help?

A mediator works at the court, they would telephone you and ask you a couple of questions ( do you have enough information to be able to mediate etc ) and then they would put you on hold, go off and talk to the other side, ask them a couple questions, then come back to you, pass on the message, and then go back and forth like that until you come to a conclusion or decide you're not getting anywhere. You don't talk to the other parties at all, only the mediator and they are extremely nice - there's no detailed legal arguments or anything needed and its quite informal. If you come to an agreement then it would be put in writing. If not then the case would carry on through the court system ( so to a hearing being booked and exchange of witness statements and documents )

You don't have to mediate if you'd rather not - I'll have a look at your previous posts and see what the claim is that you are dealing with. If you are in a position where you want to agree a settlement and not have a CCJ awarded against you it is a good idea to do it through mediation, as its all recorded and written down so theirs no ambiguity, and you don't have a CCJ unless the terms of the mediation agreement get broken.

You could of course make a without prejudice offer directly ( in writing) to settle out of court, under a Tomlin/Consent order - which is similar in that you don't have a CCJ unless you breach the agreement - but it can end up costing more as some firms ask for you to pay the £100 fee for stamping the consent order.

I'll try see what your case is about and come back anyway...

[Amethyst]

Ahhh okay, you've not posted about this case that I can see - do you want to give me a bit of background

Also what happened with the Cabot / Mortimer Clarfke case - it loos like when you last posted is was stayed by the court as they hadn't replied to the defence?

[dinkmack]

Ahhh okay, you've not posted about this case that I can see - do you want to give me a bit of background

Also what happened with the Cabot / Mortimer Clarke case - it loos like when you last posted is was stayed by the court as they hadn't replied to the defence?

Hi Amethyst, thanks for your reply. I really wouldn't be able to talk on the phone even if I new what I was talking about. Would someone else be able to take the phone call on my behalf?

I received a CCJ form from Lowell for a catalogue debt and I've sent them a CCA and CPR31.14 request. I've received a reply from Lowell Solicitors and it states that "We note your letter dated 7 May 2019 and have requested from the Assignor copies of your Credit Agreement, Statement of Account and Default Notice. We endeavour to forward these on to you upon receipt.

I haven't received any of the copies that they mentioned.

I haven't heard anything about the Cabot/Mortimer Clarke case.

Thanks for your help.

[Amethyst]

Tick No to mediation - the judge will likely recommend it when it is sent to your local court but that's a way off yet and you can always negotiate in writing if they do send the required documents xxx Don't worry about it - it's likely if you said yes you'd be later saying no due to lack of documents in any case.

Sounds like you're doing fine otherwise xxx

Presumably you're happy with the Cabot case sitting on hold and will deal with it IF Cabot try to pick it back up later?

[dinkmack]

Tick No to mediation - the judge will likely recommend it when it is sent to your local court but that's a way off yet and you can always negotiate in writing if they do send the required documents xxx Don't worry about it - it's likely if you said yes you'd be later saying no due to lack of documents in any case.

Sounds like you're doing fine otherwise xxx

Presumably you're happy with the Cabot case sitting on hold and will deal with it IF Cabot try to pick it back up later?

Thank you Amethyst you have been a great help. Yes I'm fine with the Cabot case sitting on hold.

Thank you so much.

[dinkmack]

Hi Amethyst, sorry to bother you. Do I tick no where it says "Do you agree to this case being referred to the Small Claims Mediation Service"? Thanks.

[Amethyst]

Yes xxx Don't forget to send a copy to the claimant as well as to the court.

[dinkmack]

Thank you