Lowells - County Court Business centre - Statute barred debt?!

[Feltpython]

So today i got home and a letter came from Lowells. I puy my defense in as above. Funny how they want to go to mediation now? Are you able to advise again Amethyst ??

[MIKE770]

always agree to mediation as it would be viewed in a bad light at court if you failed to attempt to mediate - save as to court time. lowells will need to come up with any requested paperwork or mediation will fail before it starts, also when asked if you have all necessary paperwork to possibly mediate and you state no - then no mediation will take place and case sent back to court with the info of no mediation for next instructions

[pt2537]

very standard reply that there

[Feltpython]

Oh thanks for the reply guys. So ill agree to mediation then.

I got my SAR back from Orange too ( Now EE) and they said could not find me with info i sent about myself ( name, previous address etc) and asked me to fill out some forms to find me.

[Feltpython]

So....

I agreed to Mediation on my court directions and served copies on lowells. Still awaiting further info from the court on this.

But this came from Lowells offering a tomlin order now. Justba little confused on their claims about the statue barred as even they admit last payment was in july 13 which was more than 6 years??

Is it worth proceeding to mediation, pay a tomlin order or go to court??

[Feltpython]

[Feltpython]

Amethyst

[Amethyst]

Think their math is a little wonky there then, their letter is dated October 2019 ….. Nutjobs.

2019-11-05 16_02_50-Microsoft Edge.png

8. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years and the Defendant has not plead a default notice in their claim. The Defendant is unable to plead effectively without further information however believes the last communication with Orange would have been in May or June 2013 as he travelled overseas in August 2013.

Claim was issued in August 2019 so still more than six years.

Is it the standard ''fill in your own amount'' Tomlin order ?? ( hopefully it's just a precursor to discontinuance )

This bit just seems lazy too..

2019-11-05 16_07_18-Microsoft Edge.png that what? lol.

Who is writing these letters? goodness me
2019-11-05 16_08_38-Microsoft Edge.png

Nothing to worry on at all there xxx

[Feltpython]

Yes it is fill your own and they left the amount blank for me to fill in what i want....

[Amethyst]

Do you want to reply or just leave it? Do they give you a 'deadline' to respond ? Doh ! oh yes, 14 days. Personally I'd leave it a week before doing anything.

[Feltpython]

They did give a deadline and its in a few days, i missed as got back from holiday so need to act quick. I guess mediatiom would also offer a tomlin order ( and my untrained knowldge tells me this is a attempt to make me give in before that??). Just not sure of next steps really.

[Amethyst]

Okay, well, personally I'd file it away and wait to hear from the court. There is no effort put into that letter at all, it's pretty much a standard turn of events where they are on the backfoot - and yes just a bit of a last ditch attempt to get settlement.

Mediation would result in a mediation agreement, which won't cost an extra £100, but have the same effect. But as things stand, if mediation contact you the first thing they will ask is do you have all the information and documents required to negotiate, and your answer would be no... as things stand.

[Feltpython]

Ah thought as much.....Sneaky b&£/@$%s!

I wasnt sure about the statute barred as seems crazy they say its not been 6 years when the claim was put in 6 years and a month after the last payment ( unless they going off default date).

So i will wait for the court or mediation call as next steps.

Appreciate the help as always

[Feltpython]

So mediation git in touch with a invitation To Mediate email.

When i called they asked the 2 questions and i said i was unable to confirm i have enough infomation to enter negotiations but they said i have to go back to Lowells and ask? Then said appointments are running out so i need to hurry.. Did i mes that up?!

[Amethyst]

No you're fine, you have asked Lowell for the info, they simply haven't provided it.