County Court - Lowell - Help

[MIKE770]

aske somebody to pop in this thread for you

[MIKE770]

Stood my ground the mediator was extremely rude even though I was asking for help

report them no mediator can be rude to any one, make a note date time and their name

[patters1978]

Right completely off the phone now from them. This is how the phone call went.

Mediator rang my responsresponse defence stated I requested cca & cpr which lowell havent provided.
her response was that she doesnt deal with anything like that and she was just here to arrange an agreement for payment.
I said until I recieve documents how do I know lowell actually own anything related to debt.
She said hang on I'll seI'lf I can get them to send anything over via email.. 5 mins later I've got them to forward over NOA.
5 mins later she is back on the phone I've emailed you all I hale, have you got them yet? My response no..
She hangs up

1 min later emails come through she phones again, I ask for time to look over them and she states if I dont want to mediate she can just stop mediation now? I say no I just need to to look over the emails ok she says.

I'm frantically trying to look over the CCA they have sent and NOA and the one thing I notice is the following
Both shop direct CCA (I think they are CCA) dont have any reference number on them just a date and my printed name.
and the CC CCA has a different number all together.

She gave me 2 mins to look over the paper work I told her my finding and that because the figure amounts where different and no reference numbers where on the paper work I didnt know what to do?
Within 20 seconds the phone call was shut down with her acting like I have p****ed her off?

5 mins later she phone back stating she forgot to mention the next steps that it's going to my local court evidence can be presented 14 days before etc then hung up again couldnt get a word in

It was like she worked for Lowell's?

[patters1978]

Hi everyone,

I have now had chance to look over the paper work regarding this that lowell sent out today during mediation and they sent the following

CCA shop direct x 2

Both agreements has my name and address at the top of each letter with a printed signature and date at the bottom also included are original lending figures.Â* Neither have any reference number attached to them at all?

CCA Credit CardÂ*

Similar to above has my name address along with printed signature and date, this does have a reference number printed closely by the original creditor name but does not match the reference mentioned in the original court documents.

NoA shop direct x 2

Both letter are from lowells saying they are now the owner of the debt?

NoA Credit Card

Seems legit from original lender and includes all correct information.


I've been worried all day id done the wrong thing

In my eyes they have only seemed to send me one correct document and that's a NoA no valid CCA or default notices have been produced? i hope i'm right in thinking this?

Cheers for any helpÂ*

[Celestine]

Wow struggling to comprehend the 'mediators' behaviour. And how did she have such easy access to the CCA documents?? Also very conerning that she said she could arrange set up of a payment plan only.
The CCA agreements sound like reconstituted agreements showing the original terms and the digital signature. This is common of agreements post 2007 and is lawful - accounts after 2007 do not have to yield exact copy of original.
Assignment notices should be a set of two letters - 'goodbye and hello' - often in the same envelope and usually sent out by new owner of the debt.
No default notices??
You have not done anything wrong, you've stood your ground and demanded to see the documents. Without seeing them its impossible to give a firm opinion. You can attach redacted copies if you wish.
pt2537 Have you heard anything like this mediation session??

[pt2537]

Its pretty outrageous, and contrary to the spirit of mediation in my view the way the mediator has approached this. Shocking and i would be considering a complaint. The mediator is there to try and assist the parties resolving their differences, the mediator is NOT There to act as the agent of the Claimant which it sounds to me like they did.

I think we will need to see the papers before we can pass comment on the case.

[patters1978]

Thank you CELESTINE & PT2537

Attached hopefully is the documents, i've got a funny feeling i have messed up with this. But i was put on the spot and only given a brief time to actually look at these documents on my phone!!

As i have said the CCA's none have any reference numbers attached to them apart from capital one which is the wrong number? do CCA not have to include this, have to admit i finished mediation based on this personal judgement at the time?

[patters1978]

Hi everyone,

What are the next steps with this?

i haven' heard anything at all and was starting to worry?

[patters1978]

Hi everyone,

I now have received letter from the court "Notice of Allocation to the Small Claims Track (Hearing)"
Sadly this came when i was on holiday for 2 weeks so feel like now rushing it.

I have included images of the letter.

Do i just email by 16 September agreeing and do i need to send any information to them?

Be great if Celestine or pt2537 could help as no-one has replied to the documents i uploaded that lowell provided?

[patters1978]

bump??

[GBExile]

Just follow the instructions & do your witness statement & provide to the court & the claimant by the deadline given to you. Which is 28 days before the court date given to you in section 6. So ensure you post it off at least 2 days prior to the date by special delivery (or 1st class signed for) to the court & claimant.

And you must abide by section 4 & respond accordingly.

[pt2537]

i didnt see any default notice in the papers provided, i dont have much time to sit and read the whole thread as im at work but 1) do we have a default notice? 2) is a default notice mentioned in the claim form? 3) have we raised any issues about the default notice in the Defence that has been filed?

[GBExile]

i didnt see any default notice in the papers provided, i dont have much time to sit and read the whole thread as im at work but 1) do we have a default notice? 2) is a default notice mentioned in the claim form? 3) have we raised any issues about the default notice in the Defence that has been filed?

Judge asks for that to be supplied in the first part of section 7

[patters1978]

Quick question hopefully someone can help... i have to respond to the claim being determined by papers by the 16/09/2020 it says i can do this by writing or email? nowhere does it provide the email for Nuneaton Court? anyone know it..

PT2537 - Default notice was requested in original defence & no Default notice paper work has been given to me from lowell

[patters1978]

** URGENT HELP REQUIRED **

@PT2537
@CELESTINE

My trail date is the 26 October 2020 and need a few bits of help.

1# Yesterday I received the Claimants defence through the post 16 days before the trail date, on one of the letter's from the court it stated that witness statements & documents must be sent to the court and each other no later than 28 days before the final hearing?

I take it my trail date is the final hearing so haven't they broken some rule here?

2# The defence that has been submitted by lowell includes the following in reference to default notices.
"The Defendant had the use and the benefit of the credit under the Agreement, before breaching the terms of the Agreement by failing to make the required payments. Subsequently the Agreement was formally terminated by the Assignor. The Assignor issued Default Notice on 10 December 2018 to the Defendant under s.87(1) of the Consumer Credit Act 1974 prior to terminating the Agreement. A copy of a screen print from the computerised system of Shop Direct detailing the date that the Default Notice was issued is hereto attached at exhibit (??).

Now Lowell are taking me to court for 3 debts, shop direct x 2 and CC. The CC has the default notice along with everything else the shop directs have a screen grab of a system they claim to be of said shop direct accounts? Is this right? shouldn't it be a copy of the letter that was issued?

Any help at all with this?

My defence has been sent I have done everything just waiting on the Trail day

Cheers

Edit: If these are not correct do I have to do anything or will the court pick up on these error's