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Court Claim from Lowell Portfolio

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  • #16
    Yep hold tight and await those documents. Looks like the court system is not exactly running smoothly but hopefully things should be ok from now on. Now the DQ is done you should hear from your local court in regard to what happens next with hearing dates, witness statements and disclosure.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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    • #17
      Originally posted by Archie.2 View Post
      As others have been warned on here, don't panic or make offers of payment, no proof no case, just sit back and wait.
      Thanks, not really wanting to panic but... could they not send me proof now but still present it on the day of hearing leaving me with no margin to manoeuvre?

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      • #18
        An update on my case,

        I have been sent a letter by HM Courts & Tribunals Service with a date and time for a mediation call.

        Do you have any recommendation/suggestion for this call? The letter mentions 5 stages to go through on the mediation call and advices putting together a brief summary of my opening position.
        They have not yet provided any of the documentation I requested, should I just refer them to that point and avoid any negotiation until they can provide the documentation? or should I use this time to offer a final settlement? as I mentioned before I could only offer a maximum of 15% of the debt.

        My doubt again is whether I should wait until the court hearing or try to negotiate at this point, and if I will have the option to negotiate after the hearing date is set, during the hearing or after the hearing to avoid a CJJ...

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        • #19
          Any help or suggestion on this would be much appreciated, the mediation call is on Monday and I need to prepare a summary of opening position before then...

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          • #20
            Another update I received two letters the day before the mediation call date, one from HM Courts telling me that the appointment had been cancelled and that the case would be transferred to a local county court to proceed.
            Separately I received a letter from Lovells informing me that the claim was being discontinued and includes a Notice of Discontinuance.

            I thought that was great news but I'm now thinking that this might be a tactic from Lowells to buy more time and try to obtain the documentation. Without that documentation, they would have very little chances of succeeding and, correct me if I'm wrong, if the case proceeded to a Hearing without the documentation, the case would be struck out and they would not be able to pursue me for the remaining balance.

            By discontinuing the claim, they can still pursue me for the balance and go to the County Court again in the future, is this right?

            Any opinion would be really appreciated.

            Last edited by RUKI; 20th July 2020, 15:14:PM.

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            • #21
              A Notice of Discontinuance is a good thing because it means they were unable to provide the documents in time for the mediation call. How old is the account, who was the original creditor?
              You are correct that by discontinuing, they could theoretically reissue a claim in the future. But that does not mean this is a tactic and in any case, you cannot stop them discontinuing the claim. As the claimant, that is their prerogative and with the claim being in small claims track, there is little you can do on wasted time and costs incurred. However, despite this, you should view this as a battle won, the war won't be over until the debt becomes time barred under the Limitation Act. At least by discontinuing they have spared you the anguish of a 'stayed' claim which never becomes time barred and can come back to life at any point. Hopefully, this will be the end of legal action on this account.
              "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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              • #22
                Originally posted by Celestine View Post
                A Notice of Discontinuance is a good thing because it means they were unable to provide the documents in time for the mediation call. How old is the account, who was the original creditor?
                You are correct that by discontinuing, they could theoretically reissue a claim in the future. But that does not mean this is a tactic and in any case, you cannot stop them discontinuing the claim. As the claimant, that is their prerogative and with the claim being in small claims track, there is little you can do on wasted time and costs incurred. However, despite this, you should view this as a battle won, the war won't be over until the debt becomes time barred under the Limitation Act. At least by discontinuing they have spared you the anguish of a 'stayed' claim which never becomes time barred and can come back to life at any point. Hopefully, this will be the end of legal action on this account.
                Thanks Celestine, that is very useful to know.

                I'm definitely relieved that the matter is not progressing further for now.
                As you said, this is not something I can control but I'm thinking it places me in a strong negotiating position if I ever wanted to offer a low final settlement?

                The original creditor was Tesco Bank and it has been passed to at least a couple of debt-recovery agencies.
                Regarding when the account becomes time-barred, when do the 6 years start to count? is it from account opening ( it was early 2014) or from default date?

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                • #23
                  Limitation starts from expiry of the s.87 default notice you are sent after you stop paying. The default on your credit file is separate and comes a little later.
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                  I am proud to have co-founded LegalBeagles in 2007

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

                  Comment

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