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Lowell v Redmen05

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  • #31
    Hi thank you for the help.
    Ive now received an email from mediation but it has 3 boxes to tick one being have you received all information regarding claim or words to that effect. I haven’t received anything from Lovells regarding claim particulars. What shall I do????

    Comment


    • #32
      They confirmed they had requested a copy of the agreement back in October as I recall, they've still not provided it ? Anything else at all from them since returning your directions questionnaire ?

      You have received the agreement through your SAR to Tesco, which means it is likely they'd also have provided it to Lowell, so you probably ARE in a position where you could mediate to negotiate a settlement IF you wanted to.... however Lowell are still in default of the CCA request AT THE MOMENT ( they could still comply before the case gets to a hearing )... so now is a good time to negotiate an out of court settlement at a discount to avoid the CCJ later - either by affordable installments, or if you are able, a full and final settlement ( which is likely to get a higher discount ).
      If you agree settlement at mediation it would be under a mediation agreement and no CCJ would be applied.

      Otherwise it's a case of saying No to the mediation and continuing on towards the court hearing and hoping that they don't comply by the time it comes to exchanging witness statements.

      In my view, as the account wasn't opened until 2012, and Tesco have sent you a copy of the agreement in the SAR pack, it is likely that they will comply, so taking advantage of their currently being in default of the CCA request might be a wise move.

      It's a case of weighing up whether you are happy to risk them coming up with the documents and obtaining a CCJ at court for the full amount vs the possibility of agreeing a lower settlement amount now and not continuing the defence of the claim.
      “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

      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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      Comment


      • #33
        Thank you. Shall I pursue mediation or call Lowell’s?

        Comment


        • #34
          You could call Lowell, and say that you've had contact from the court about Mediation, however you haven't yet received any documents from Lowell in response to your CCA request or CPR request ( default notice/notice of assignment ) or any breakdown of the amount owed so are unable to respond positively to the court so seems unlikely mediation would go ahead..... However..... you'd be happy to have a without prejudice conversation regarding bringing this to an end without the need to continue with your defence through court if they would be willing to accept XXX in settlement / XXX as installments over X months as settlement, on the condition that they discontinue / stay the claim. And see how you get on.

          “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

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

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

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment


          • #35
            Thank you I’ll give it a go

            Comment


            • #36
              Hi I’m very confused. After not hearing about the claim in nearly 10 months I’ve received a court date for November. It looks like the claim was struck out back in February because Lowell’s did not provide the paperwork to the court or to me. But now they are saying the never received the court letter in February & have applied to reopen the claim. Looks like they don’t want a hearing. I don’t know what to do.
              Please help.

              Attached Files

              Comment


              • #37
                Firstly you need to look at the exhibits and determine what has been sent to you, if they don't satisfy the original order then you could argue there is no good reason why the claim should be reinstated as it would have no real prospect of success.

                Most importantly they say they have evidenced Notice of Assignment, is that just Lowell's NoA or have they provided NoA from the original creditor?

                Is the agreement complete and legible? Does it refer to any other terms such as PPI that they have not provided?

                If you are going to oppose the application you will need to inform the court of your intention and confirm the deadline for your Witness Statement in response to it?
                COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                Comment


                • #38
                  Hi Jaguarsuk
                  thank you for your reply. All I got was 1 page from court telling me hearing date & time & 3 pages of witnesses statement from Lowells again from the court. Doesn’t say anything about my witness statement or who to contact in court?
                  shall I telephone the court?

                  Comment


                  • #39
                    Originally posted by Redmen05 View Post
                    Hi Jaguarsuk
                    thank you for your reply. All I got was 1 page from court telling me hearing date & time & 3 pages of witnesses statement from Lowells again from the court. Doesn’t say anything about my witness statement or who to contact in court?
                    shall I telephone the court?
                    Yes phone them.

                    They refer to Exhibit NZ2, what have they send as that exhibit?
                    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                    Comment

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