*DISCONTINUED* Court Claim from Bryan Carter for Lowell Portfolio

[Amethyst]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Okay, my thoughts exactly. I’m going to wait for them to show their cards before I do anything. Just hope it goes in my favour!

Good we agree It's a game of chess, BC specialise in stressing you into making a wrong move - so don't let them.

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Thought it would be ideal to update progress with my ongoing fight with Bryan Carter & Lowells. Have submitted the Directions Questionnaire and now waiting for the Mediation Service to contact me. Any advice for when I speak to the Mediator would be appreciated. Received copy of claimants DQ, interesting to note that under the question on who would attend a hearing they put 0! Still not received any of the docs requested in CPR and CCA request.

[Amethyst]

Re: Court Claim from Bryan Carter for Lowell Portfolio

When you speak to Mediation explain that BC have failed to send you any documents at all to back up there claim and therefore the only mediation outcome, unless they produce documents, will be for them to discontinue.

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

When you speak to Mediation explain that BC have failed to send you any documents at all to back up there claim and therefore the only mediation outcome, unless they produce documents, will be for them to discontinue.

Ok, will do that. Lowells did cash the cheque for the fee of producing the CCA documents, but never received anything! Should I mention this to Mediation as well? Will BC be given further time to product documents or if Mediation fails due to lack of documentation? Or will it go to a hearing? Thanks.

[Amethyst]

Re: Court Claim from Bryan Carter for Lowell Portfolio

It is likely to go to a hearing next, after mediation gives up you should get a letter from the court with a hearing date and maybe directions to submit witness statements and all documents intended to rely on at least 14 days before. Or the Judge might just order documents from the claimant.

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

It is likely to go to a hearing next, after mediation gives up you should get a letter from the court with a hearing date and maybe directions to submit witness statements and all documents intended to rely on at least 14 days before. Or the Judge might just order documents from the claimant.

Ok, thanks for that. Will post further updates when Mediation has taken place.

[Kafka]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Ok, will do that. Lowells did cash the cheque for the fee of producing the CCA documents, but never received anything! Should I mention this to Mediation as well? Will BC be given further time to product documents or if Mediation fails due to lack of documentation? Or will it go to a hearing? Thanks.

Mediation won't be concerned with the legal and practical details unfortunately and I suspect they will back off from any discussion of legal issues. You can point out that they haven't complied etc to strengthen your case, but they won't get involved with any discussion of the legal details I suspect. They are independent and their job is only to see if they can help to broker an arrangement that is acceptable to both parties, therefore removing the need for further legal action.

I know that this approach has a history of success with things like marriage and family breakdowns, where a skilled mediator can identify the way forward and reach a settlement. In my experience of this (one occasion) it was really used as a way for them to stall and obstruct.

I was reclaiming charges from a lender and I had a strong case in the POC that they farmed out to an international law firm called Salans to front. Despite a lot of tooing and froing, their solicitor was only interested in making the minimum offer and stressing how kind they were. In the end I realised that we were getting nowhere and told the mediator that I would continue with the claim - very disappointed at their intransigence.

For the record, I agreed an out-of-court settlement that was about 5x the charges, so I went away a happy bunny. :first: I couldn't understand though why they hadn't been more co-operative earlier on and can only think that they were seeking to grind me down to throw the towel in :wink1:

I should add that the woman from the mediation service was outstanding and did an excellent job. Essentially they fix a time when you're both at the phone and ring you alternately then pass the messages over. As it wasn't a discussion in real-time I found it rather awkward and disjointed, but then I'm an awkward sod anyway. :colbert:

Faced with the option again I would probably agree to do it, but much better prepared and certainly in no mood to accept fobbing off. I also wonder how well it looks in your favour to the court if you agree to this rather than rejecting it?

[Kafka]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Re-reading this, it's probably not clear what I wrote about avoiding the legal issues. It might help if you differentiate the issues between matters of law and matters of fact. For example, if you submit a CCA request and they fail to comply as required, that's a matter of fact, not a matter of law, so you could raise that in a description of what has happened. If they submit a copy of the agreement and there are questions about its validity, they are matters of law rather than matters of fact, so you should avoid that sort of debate with the mediator.

If you can focus on the factual issues of the case rather than the legal ones that would help. Does this make sense?

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Mediation won't be concerned with the legal and practical details unfortunately and I suspect they will back off from any discussion of legal issues. You can point out that they haven't complied etc to strengthen your case, but they won't get involved with any discussion of the legal details I suspect. They are independent and their job is only to see if they can help to broker an arrangement that is acceptable to both parties, therefore removing the need for further legal action.

I know that this approach has a history of success with things like marriage and family breakdowns, where a skilled mediator can identify the way forward and reach a settlement. In my experience of this (one occasion) it was really used as a way for them to stall and obstruct.

I was reclaiming charges from a lender and I had a strong case in the POC that they farmed out to an international law firm called Salans to front. Despite a lot of tooing and froing, their solicitor was only interested in making the minimum offer and stressing how kind they were. In the end I realised that we were getting nowhere and told the mediator that I would continue with the claim - very disappointed at their intransigence.

For the record, I agreed an out-of-court settlement that was about 5x the charges, so I went away a happy bunny. :first: I couldn't understand though why they hadn't been more co-operative earlier on can only think that they were seeking to grind me down to throw the towel in :wink1:

I should add that the woman from the mediation service was outstanding and did an excellent job. Essentially they fix a time when you're both at the phone and ring you alternately then pass the messages over. As it wasn't a discussion in real-time I found it rather awkward and disjointed, but then I'm an awkward sod anyway. :colbert:

Faced with the option again I would probably agree to do it, but much better prepared and certainly in no mood to accept fobbing off. I also wonder how well it looks in your favour to the court if you agree to this rather than rejecting it?

Ok, thanks for the advice from your experience. I am rather nervous about all of this as technically there is an outstanding debt, however I am disputing the debt as it is made up of extortionate charges, some very questionable ones as well! What I owe to what they owe in charges outweighs them by about £600. There is a link to my original thread with CAG on an earlier post on here if you want to have a read through the details.

But appreciate your comments. As you say, I can't see Mediation getting anywhere with this claim. Hopefully I will have a favourable Judge!

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Hi Amethyst. It's been a bit quiet at the moment regards the ongoing claim. Have received a "Notice of Transfer of Proceedings" letter from Northampton CCBC stating that the claim has been transferred to my local CC Hearing Centre and they will be in contact once the local court is in receipt of the claim regarding further direction. I've had no contact from Mediation as of yet. Do you know how long it takes for them to get in contact? Still no paperwork from either BC or LOWELL.

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Anybody able to answer on my previous post above please. Many thanks.

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Hi. I have now received a date for the Court Hearing against BC. It is on 13th March 2015. I have a mediation appointment on 13th January 2015 and would appreciate some advice prior to mediation on what to do. I have received none of the requested documentation from BC or LOWELL (CCA & CPR), which was requested back in September. I am really not sure what there is to mediate when they have refused to show any evidence of what they are claiming for. Can anyone advise on this please? Many thanks.

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Hi, anyone able to assist me on the above post. Any advice would be very much appreciated. Thanks.

[debs65]

Re: Court Claim from Bryan Carter for Lowell Portfolio

good luck 2708andy.... in similar position. bc chasing me for statute barred debt. not on my credit file or anything. failed to comply with my cca and cpr in alloted time and 7 weeks later pulled out a reconstituted cca and an alleged one off £1 payment 5 years ago! no doubt I will get the court date and mediation anytime soon! got my head battered! wish you luck.. these ppl are ruthless and bend the rules to suit x

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Thanks debs65. I think you and I are not alone with having to deal with these people. We seem to be at a similar point with our claims so please keep looking at my thread for any updates. I am waiting for some on here to come back with advice regards Mediation. So hopefully once I get that it may well aid your case too. Good luck and Happy New Year

P.S. Can anyone advice on my previous post in regards to Mediation?