**DISCONTINUED** Lowell Finance/Brian Carter solicitors

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Hi Amethyst,

You've given me some great help in the past - can you help me with this new development please?

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

[QUOTE=Twinks143;478103]Hi Amethyst,

You've given me some great help in the past - can you help me with this new development please or anyone else that might be able to help. I don't know what to do now.

[Amethyst]

Re: Lowell Finance/Brian Carter solicitors

Hi Twinks, got your PM thank you and sorry for not having spotted your post earlier in the week xxxx I'm just having a read xxx

[Amethyst]

Re: Lowell Finance/Brian Carter solicitors

Hi,

I've not been on here for a while as I hadn't heard anything from BC solicitors and it is way past the 28 days. However, I did receive a letter from them yesterday stating:-

"Please see attached letter sent to the Court confirming that the Claimant wishes to proceed with the claim at this time.

The claimant agrees in principle to mediation.

We should also be grateful to hear from you in relation to without prejudice negotiations and you may contact us on *****.""

The letter to the court thanks the Court for sending the Defence and asks the Court for Directions. Are they allowed to do this given that they are out of the time limit and should have responded to my defence within 28 days.

My defence was filed on 4 August and their letter is dated 3 October - nearly two months later.

Can someone please let me know what I should do next.

Thanks for all your help.

Regards,
Twinks

Sadly yes they can, they should ask the court for permission to proceed - have they put anything in their letter about the late response? Did you get a letter from court saying the had sent the defence to the claimant (ie were the court slow or is it just the claimant )

Have the claimants send you any copies of documents etc in the meantime ?

21. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Hi Amethyst,

Thanks so much for you reply.

Sorry I didn't get an email to say that you had responded.

Yes the court did write to me saying that they had sent the defence to BC a couple of days after I had filed it online. but nothing from BC explaining why they were late and no sign of any docs yet.

I have just received this which I would like some help with please. This is their latest letter and Consent order

"We have been notified by the court that you have filed a defence to this claim. In an attempt to settle this matter before hearing and in order to avoid either party incurring further costs, we confirm that our client is prepared to accept payment of the full balance by monthly instalments. Please insert an affordable sum in relation to your financial circumstances in the black space in the proposed Order and sign and return it to us within 7 days. Provided the amount is reasonable we will sign the Order and send it to the Court to be sealed.

Alternatively, if you would prefer to settled this debt now please contact us fora settlement figure.

Please note that if you default on payment then Judgment may be entered against you and if you are in any doubt as to the consequences of signing the consent order you should seek independent advice.

We look forward to hearing from you and hope we can agree to settle this matter without the need for a court hearing but if we do not hear from you will will apply to the court to strike out your defence at hearing, which if successful may result in further costs being payable by you."

Consent Order

Before District Judge XXX
UPON the parties having agree terms of settlement
BY CONSENT
IT IS ORDERED that all further proceedings in this action be stayed upon the terms set out in the schedule below save for the purpose of enforcing or carrying into effect the said terms with permission to apply for that purpose.

AND IT IS FURTHER ORDERED that there be no order as to costs

1 that the claimant agreements to accept the sum of £**** in settlement of the total claim payable by monthly instalments of £XXX providing the first payment is received within 28 days from the date of this order and on the same day each month thereafter.

2. The claim agrees not to enter Judgment on the condition that the above agreement is maintained.

3. The claimant be at liberty to enter judgment for the unpaid balance if the Defendant defaults in payment agreements."

How do I reply to this? Seems a bit unfair that they can be so late in responding but can still continue with the action. They amount also includes the interest element that I am disputing in my defence.

Should I reply to this, or do I just ignore. I am reticent to agree to paying an additional £1,700 interest extra without any explanation or documents given that I have been paying this since 2005.

Help would be much appreciated.

Many thanks

Twinks xxx

[Amethyst]

Re: Lowell Finance/Brian Carter solicitors

They have still failed to provide you with the copy of your credit agreement under the CCA s78, they do often send out these 'settle under consent order' letters to people after defences have been submitted, and quite often this is because they don't have the necessary documents to enforce the debt or get judgment. There fore I would be inclined to file it away and await your directions questionnaire from the court.

Having said that it has to be your decision whether you want to negotiate with them (eg offer 50% of what they are asking for ) to bring an end to the matter or keep on with defending the case. They could come up with the documents later and then your negotiating position may be weaker. Or they could chuck in the towel, there's really no way of knowing.

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Thanks Amethyst,

I am going to do exactly that - file it away and wait and see what happens. I will keep you posted and thanks again for all your help.

Twinks x

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Hi Amethyst.

Ive not heard a peep from BC. Should I just leave things as they are and just hope it goes away or do I need to do anything.

Regards
twinks

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Hi Amethyst,

I have finally heard back from the Court with a final Directions Order stating that the application to stay has been lifted and the direction questionnaire is attached. Would it have been worth me trying to set aside or vary the order? It's dated the 6th December and has to be done within 7 days I believe but I have only just received it.

Can you give me some advice on how I should go about filling in the Directions questionnaire in particular:-

Do I agree to the to the case being referred to the Small Mediation Service and give my contact details?

Do I agree that the small claims track is the appropriate track for this case? -

If no, state why not and state the track to which you believe it should be allocated.

Hearing venue - guess that is my local county court

Expert Evidence
I guess I won't be using an expert

Witnesses
How many witnesses etc - guess that is only me!

To date there have been no documents whatsoever forthcoming and I have not heard from Lowell Portfolio either.

I would appreciate your comments as I have only just received this although it is dated 6 December. I need to file my doc by 24th December.

Any thoughts would be much appreciated. Does seem a bit crazy that the Claimant doesn't have to adhere to any deadlines and can just resurrect a claim willy nilly whilst the Defendant has strict deadlines to adhere to.

Hope you can help.

Twinks

[Amethyst]

Re: Lowell Finance/Brian Carter solicitors

Ahh good stuff. Yes to small claim and yes to mediation.

N180 - I knocked up a example here http://www.legalbeagles.info/forums/...l-Claims-Track which should help a bit.

And yep I agree it's incredibly one sided .

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Ahh good stuff. Yes to small claim and yes to mediation.

N180 - I knocked up a example here http://www.legalbeagles.info/forums/...l-Claims-Track which should help a bit.

And yep I agree it's incredibly one sided .

Thanks anethyst. Appreciate your continued support. I'm assuming that when the mediators call I tell them I have been provided with no documents to be able to mediate on.

Regards
twinks

[Amethyst]

Re: Lowell Finance/Brian Carter solicitors

Precisely xx

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Hi Amethyst

i have some great news. This morning I received a notice of discontinuance from BC. The court ordered that they provide documents within 14 days which they didn't do. I'm so chuffed and just goes to show that it is worth fighting these big boys.

Thanks so much for your help. Wouldn't have had the confidence to do it on my own without this great site. Don't spose I can claim any costs back from them can I?

thanks again
twinks xxx

[Amethyst]

Re: Lowell Finance/Brian Carter solicitors

That is super news, well done for sticking with it. It is always worth standing up for yourself.

I'm not one for pushing for wasted costs - as a LIP they would be minimal anyway so sometimes it is best to leave it be.

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

That is super news, well done for sticking with it. It is always worth standing up for yourself.

I'm not one for pushing for wasted costs - as a LIP they would be minimal anyway so sometimes it is best to leave it be.

Im absolutely thrilled!! Thanks. Won't hesitate to recommend this fab site x