Court claim paperwork received

[rusty2009]

Amethyst

An update Lowell have sent a copy of statements, not that this was ever asked for.

Default date on it is 11/12/2014

Last payment date is 02/09/2014

I find it very odd for the debt to be sold on the very next after a default without anything being added to the credit file nor notice of default ever being sent.

Still no termination notice or CCA back from Lowell though.

What be the next steps still carry on the defence along the lines of it barred.

[rusty2009]

I've just been trough all my bank account statements the last payment ever made was in January 2013 not September 2014 so something is not right here and information on there part is not correct.

[rusty2009]

Amethyst I've just had another letter from Lowell basically saying they confirm receipt requesting details & a request has now been raised.

[rusty2009]

Amethyst could you please advise RE the defence I posted please as I need to file it by Sunday?

Many thanks Rusty.

[MIKE770]

if due by sunday then you will have to Monday 4 p.m. to file it as weekends do not countÂ*

[Amethyst]

Sorry Rusty, I'd missed your previous post.

4.It is admitted that the Defendant has previously entered into an agreement with Very for provision of credit.

Leave the paragraph out completely for now. Â*

Otherwise it's good Â*

Last payment date is 02/09/2014Â* - but your last record of payment is January 2013 - on the statements they have sent can you see any payments made between Jan 2013 and Sept 2014 ? How much is the Sept 2014 payment for ?Â* When was the last purchase on the account that you can see from the statements and do you recognise what it was?

[rusty2009]

Thank-you Amethyst, not a problem I know your busy with other threads and personal life.

I'll remove that part thank-you.

To answer your questions they are saying a payment sometimes 2 were made every month from my last payment in Jan 2013 up to 09/2014.

Nothing was ordered since the last payment in 2013, but the account shows things being ordered up until the 24/5/14 (I wonder if these are buy now pay later items).

[rusty2009]

Amethyst I've just been back over all the bank statements & have found all payments up-to 9/2014 the reason I didn't find them before was because it changed from shop direct to very so the search didn't pull them up.

So this debt won't be barred so whats the best way to proceed with this?

Still defend along the lines of no CCA or notice of termination?

[Amethyst]

Okay, put your defence in, minus paragraph 4 and 7 - threre's enough there for now with the failure to comply with the s.78 request and no default notice.Â* But if they come up with the documents you will need to be prepared to negotiate a settlement.

[rusty2009]

Okay, put your defence in, minus paragraph 4 and 7 - threre's enough there for now with the failure to comply with the s.78 request and no default notice.Â* But if they come up with the documents you will need to be prepared to negotiate a settlement.

Thank-you I shall submit the amended defence Sunday.

[rusty2009]

Amethyst I've still not to date had the requested documents from Lowell.


But have today received a letter from them with the following.

We refer to the matter detailed at the side of this page.
Please find enclosed a copy of the directions questionnaire which we have now sent to the court. The court will shortly send you your own Directions questionnaire and confirm a date by which it must be returned.

We have agreed to mediation in our directions questionnaire which may result in settlement without further legal action and costs. Mediation would be conducted over the telephone by an independent mediator. If you agree to mediation, please ensure you tick the "yes" box in part A1 of your own Directions Questionnaire.

If you would like to settle this matter directly, our client invites you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement may avoid a hearing or judgement and also additional costs being added to your debt.

We recommend that you obtain independent legal advise in order to fully understand your rights in relation to this claim. You can instruct a solicitor of your choice or obtain free legal advise from a citizens' advise bureau or other legal advice centre.*

I don't see how they why they are trying to push the claim through further when there documents that have been requested still haven't been provided as these are their evidence and what the claim is based on.

How can I agree to mediation without having all the facts???

[MIKE770]

Agree then when mediation ring tell them no docuy received as request made _end osf mediation

[rusty2009]

Got the paper work to fill in.

Now they've included a sheet which gives details and ask if you can answer yes or no to see if mediation is suitable.

Well I can yes to them so mediation is not suitable.

Amethyst* what should I do here? I know Mike said just agree but to me that seems pointless wasting peoples time & mine.

I have to have it back to the court by the 23rd Jan & serve copies on all other parties (surely that is courts job not mine)?

[Amethyst]

Agree to mediation now in case documents do turn up and you decide you want to negotiate settling out of court. If they don't mediation will be cancelled. No ones time is wasted and it is a useful back up.

Yes the N180 directions questionnaire should be copied and original sent to the court and copy to the claimant. Any communications you have with the court ( that aren't just general enquiries ) should be copies to the other side too. Likewise any comms the claimant has should be copied to you.

[rusty2009]

Agree to mediation now in case documents do turn up and you decide you want to negotiate settling out of court. If they don't mediation will be cancelled. No ones time is wasted and it is a useful back up.

Yes the N180 directions questionnaire should be copied and original sent to the court and copy to the claimant. Any communications you have with the court ( that aren't just general enquiries ) should be copies to the other side too. Likewise any comms the claimant has should be copied to you.

Ok thank-you Amethystwith mediation can my partner do the call on my behalf? This is due to my working hours as I don't know what I'm working from one week to next & my hours can change on the day being a carer I can't take a call while I'm working.