Lowell and the CC mediation service

[luisg66]

Hi,just wanting some advice as to what to do next,im disputing an alledged debt to Bryan Carter/Lowell(previously sought advise on these forums about it),well today I received a telephone call from the mediation service asking if I wanted to mediate an amount to put and end to this claim,i told the lady that I dispute the debt so I don't feel I should offer them anything,she was phoning me and them alternately and at first she said that bryan carter/Lowell would accept an offer of 50% of the debt and that they would accept it being paid over a payment plan.
I told the lady that I dispute the debt and that my defence has always been that I have no knowledge of the debt and I do not feel that I can agree to pay what I do not owe,i told her I had requested the CPR 31.14and CCA documents and I have been told that they do not have to supply me with them,she phoned them and came back to me saying that they were not denying me the documents its just that they are awaiting them from the original creditor ie Littlewoods/shop direct and the account was opened apparently in 2007 which is what is delaying them receiving them,she then asked me again if I could make an offer they may accept to stop this going to court to which I said I don't feel I should when the debt is a disputed one,any advice as what happens next and what I should do to prepare for the apparent forthcoming court date,thanks

[ncf355]

Re: Lowell and the CC mediation service

This sounds very odd

Sounds more like one of their cronies is calling you rather than a County Court mediator - I may be wrong as I have no direect experience of this

However, if you think there is no debt, I would not communicate any further with this mediator whom you seem to have made the position clear to, yet still pushes for an offer of payment - most odd!

What timelines are you at with the CPR 31.14 request?

Have you applied for an unless order to the court based on their non compliance?

[Amethyst]

Re: Lowell and the CC mediation service

I think that the mediation box was ticked on the directions/allocation questionnaire that was returned to the bank and yes that does sound like the mediation service. You did the right thing in saying no as you had no documents and disputed the existence of any debt.

I couldn't see on your other thread what defence you did actually submit ? I think it was basically that you denied the debt, had asked for evidence and hadn't received it??

[luisg66]

Re: Lowell and the CC mediation service

hi,thanks for the replies,yes my defence is that I have no knowledge of the debt and I added that they have denied my request for original documents.she did seem to want me to resolve this matter though ,and she was going between me and lowells for over 40 minutes over the phone trying to get me to offer them a suitable amount which I did find strange having already told her I was in dispute over the debt,she also told me to stop looking on the internet for advice and to maybe see a solicitor or go to the CAB for legal advice

[ncf355]

Re: Lowell and the CC mediation service

(Thanks for the comments Ame - as I put, I had no knowledge/experience of the mediation side of things!)

Luis - Well, if she's pushing you to pay when your Defence is you don't know the debt and they have failed to provide evidence of a lawful debt, I think it's her that needs some legal coaching, not you!

Funny how some people in legal circles are so quick to dismiss 'advice from the internet' yet many thousands of people have managed to defend claims without foundation thanks to forums such as this

[ncf355]

Re: Lowell and the CC mediation service

When did you send the CPR31.14 Luis, and when did they communicate regards the request - was this in writing (their response)?

[luisg66]

Re: Lowell and the CC mediation service

hi ncf355 I sent the CCA request and CPR 31.14 request in march which were sent recorded delivery had a response back some days later saying they did not have to comply with my request as the matter would probably be sent to the small claims court and that they were not the original creditor etc

[Amethyst]

Re: Lowell and the CC mediation service

Have you received any response to your CCA request?

[luisg66]

Re: Lowell and the CC mediation service

Have you received any response to your CCA request?

ive received nothing from them,i mentioned that to the lady from mediation and she spoke to them and they had said to her that they were still waiting for the documents from the original creditor and that they stressed that they would be obtaining them however and that then they would comply with my request in due course,

[ncf355]

Re: Lowell and the CC mediation service

Ame - application for an unless order?

Luis, if you look at the thread you got the original info on CPR 31.14 on, it states what to send if they try the probably allocated to small claims" line - the fact is, it has NOT been allocated so they cannot rely on this

I'd like Amethyst opinion, but to me I think you have strong grounds for an unless order application - they have exceeded timelines by a massive amount and are living on hope

All the requested documents should have been in their possession prior to commencing a claim against you, but instead they thought they'd wing it and try and scare you into paying

[luisg66]

Re: Lowell and the CC mediation service

Ame - application for an unless order?

Luis, if you look at the thread you got the original info on CPR 31.14 on, it states what to send if they try the probably allocated to small claims" line - the fact is, it has NOT been allocated so they cannot rely on this

I'd like Amethyst opinion, but to me I think you have strong grounds for an unless order application - they have exceeded timelines by a massive amount and are living on hope

All the requested documents should have been in their possession prior to commencing a claim against you, but instead they thought they'd wing it and try and scare you into paying

thanks again for the reply,can you offer me some guidance on the "unless order"process please,as I say when the mediation lady phoned me and we went through everything including them denying me the documents I asked for to prepare a defence she never mentioned any further action I might be able to take to get the documents,thanks
ps she did state that they had stressed that they were waiting for these documents from the original creditor but that they would be receiving them,i don't how when I know of no debt

[ncf355]

Re: Lowell and the CC mediation service

The fact they are allegedly waiting for them is of no consequence

They commenced this claim without having grounds to start it, or sight of required documents

In my opinion it is ludicrous of the mediation service to advise settlement when you are clearly stating you have no knwoledge of the debt - would they be so quick to pay if it was them being chased?!!

If you look HERE Amethyst has laid out the procedure to make an unless application (you will note that further up she actually covers the exact "but it's going to small claims" response that you had!)

[luisg66]

Re: Lowell and the CC mediation service

The fact they are allegedly waiting for them is of no consequence

They commenced this claim without having grounds to start it, or sight of required documents
just

In my opinion it is ludicrous of the mediation service to advise settlement when you are clearly stating you have no knwoledge of the debt - would they be so quick to pay if it was them being chased?!!

If you look HERE Amethyst has laid out the procedure to make an unless application (you will note that further up she actually covers the exact "but it's going to small claims" response that you had!)

thanks again for the reply,however the links included in Amethysts post regarding remission of fees etc wont open no matter what I try,also can I mention that the mediation lady asked if I was in employment and I stated that I was on ESA etc she went back to Lowell to see if they would reduce the figure again (below their original offer of a 50% discount on this alledged debt,as I say I cant say how many times I told her I was not the debtor she seemed to want to have this matter settled regardless of what I said

[Amethyst]

Re: Lowell and the CC mediation service

weird - hmcs do keep moving their forms about - these are PDF download links ( http://hmctsformfinder.justice.gov.u..._forms_id=4396 )

1. PDF]EX160A - Court Fees - Do I have to pay them?
   
   www.justice.gov.uk/downloads/forms/hmcts-fees/ex160aeng.pdf
   remission. It contains the information you need to help you complete the application form. – EX160 at page 29. This booklet also contains important information ...