Lowell v Redmen05

[Redmen05]

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????

[Amethyst]

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.

[Redmen05]

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

[Amethyst]

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.

[Redmen05]

Thank you I’ll give it a go

[Redmen05]

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.

[jaguarsuk]

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?

[Redmen05]

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?

[jaguarsuk]

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?

[Redmen05]

Hi I had a court hearing today. The judge said he wasn’t happy with Lowell’s behaviour but he also said if he struck out this claim Lowells can start another claim because the default notice was sent in 2015 so it’s not sb. He award me costs £220 to be paid within 14 days & also I can change my defence as I’ve had the information I requested from Lowells. what shall I do now?????

[jaguarsuk]

Hi I had a court hearing today. The judge said he wasn’t happy with Lowell’s behaviour but he also said if he struck out this claim Lowells can start another claim because the default notice was sent in 2015 so it’s not sb. He award me costs £220 to be paid within 14 days & also I can change my defence as I’ve had the information I requested from Lowells. what shall I do now?????

You need to amend your defence, then file and serve it by the deadline the judge gave in court. It'll then proceed as a normal claim from there.

£220 costs is not a bad award at all. If they don't pay, I'd hold off chasing them for them until you have won the claim though as if they win you can ask for this to be offset against the future judgement. And then if you win you can send them a letter with 14 days to pay or you'll enforce at that stage.

[Redmen05]

Hi thank you for your reply. The judge asked Lowell’s to pay within 14 days otherwise the claim cannot proceed & will be dismissed. if they pay, how do I amend my defence? It looks like they have provided all paperwork & I haven’t got a defence.*