Court Claim - lowell portfolio / lloyds bank - 12-12-2014

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Hi I had a call from the mediation people yesterday and the lady wanted to know if i want to book a mediation session . she said i have to be happy about the information i have received ........ which means i am basically agreeing that there is some money owed . I have not heard anything back from the judge or anything yet too .
The problem i have is that all of there info is incorrect pretty much the address the dates , their being no record of the account , them not providing me with any further details ...............their case is weak .........
when does the judge pass comment ?
even if i go to court i can pay it off after the court case within 30 days ?
or i can settle with bryan carter upto the day of hearing is there a way i can still mediate ?
I told the lady from mediation im not going to book the appointment until ive answered these questions .

[Amethyst]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Okay if you haven't had the paperwork then yes you can't really mediate as you are still defending. The mediation would be 'send me the documents then I'll have an idea whether to negotiate or continue my defence'. Most people don't have the docs by the time they get to mediation, don't actually have the mediation but have shown willing when it comes to the hearing.

If it does get to court and you have a wonky Judge and lose, you can pay it off within 28 days and not have the CCJ registered against you. You can settle/negotiate with BC when ever you like up to the hearing. It is quite a regular occurence for people to settle, literally, on the court steps.

Remember it is Civil court so it is balance of probabilities rather than beyond reasonable doubt so it they show they have the right to collect the debt and that it was your debt on the balance of probablities it may be an idea to negotiate while you are in a stronger position while they haven't provided everything.

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

ok then i will tell them i cant mediate as i am waiting for documents from them . do i just wait it out and wait to hear from either the court or bryan carter now i guess

[Amethyst]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

You should hear from the court next with a hearing date and directions for submitting withness statements and documents to court prior.

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

ok great ! can you direct me to the defence template for my other thread ? x

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Ok i have told the mediation i cant defend due to not having the paperwork to defend . -
they have until the 13th of march to get me this and book the mediation .
They have asked me to send another letter to request the information .
Could you help me with what to write ? She has also noted that i have shown willing to comply with the mediation on the case file .

[nemesis45]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Ok:
You are waiting for a CCA request and CPR31.14 request?

A letter along the lines of:

Private & Confidential

Ms Sara de Tute
Legal Counsel
The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1 AB


Date..............................

Lowell Ref:..................
Claim No. ..........................


Dear Ms de Tute,

I have been in contact with HMCTS Small Claims Mediation Service regarding this claim, however I have been unable to arrange an appointment for mediation as Lowell has failed to provide documents requested under section 77/78 of CCA 1974 and CPR 31.14.
I am aware of the misconception that CPR31.14 does not apply to small claims and I must point out that this claim is yet to be allocated to a track Lowell and or its Solicitor must comply with my request.
For clarity I was instructed to write this letter by the advisor at HMCTS Small Claims Mediation Service who has note my intention to agree to mediation and the failure of Lowell to comply with lawful requests for information.

Therefore I require the information to be provided within 3 working days from the date here on.
This letter is sent via RM signed for post and the delivery date will be checked.

Yours etc

Amend to suit.

nem

[Amethyst]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

crossed posts xxx

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

crossed posts xxx

thanks would this be sent to bryan carter or lowell or both ?

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

i have sent a copy to lowell and a copy to B.C for their records as i was not sure

[Amethyst]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Yes both xx

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Hi I have just received a letter from the court stating that
the small claims mediation team has been unable to secure a mediation appointment at this tome please now follow the instructions as set out below
the claim has been transferred to the county court hearing centre listed below for allocation on receipt the file will be reffered to a procedural judge who will allocate the claim to track and give case managment directions details of the judges directions will be sent to you in a notice of allocation
if you would like any further information you can contact the local county court hearing centre directly but please await the judges directions
contact details of court are given below ..................etc etc

ok so what does this mean just wait and see what they say - i have recieved nothing from brian carter or lowell after requesting the documents as mentioned above . i have kept proof of postage too .

[nemesis45]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Yes you have to wait for the procedural judges directions ( which you must follow).
When did you send Carter the CPR31.14 request? (7 days allowed for response)
Did you send a CCA request to Lowell.

nem

[Darren Smith]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

We sent tht CPR back in december i think .... we sent the letter which you drafted about 10 days ago ..... havent had a reply from Sara de tute !!

got a letter from bryan carter today though

ooh they just forwarded it to bryan carter according to them .. (i sent a copy to them and B/C though )
they put
We write further to your letter you sent to our client on 27th feb 2015 which had been forwarded to us to respond bryan carter solicitors llp has been instructed on behalf of lowell portfolio i ltd (lowell) in respect of the above matter therefore you should ensure that all future communications are sent to us not our client
request for documents
We refer you to our letter sent to you on 20 jan 2015 in which we informed you that it is our understanding that it is the policy of the original creditor to provide agreements at the point of contract and statementss throughout the duration of account .
Lowell has informed us however that you raised a request pursuent to the consumer credit act (CCA) 1974 on 18th dec 2014 and this was received on the 19th December 2014. We understand they are currently awaiting further documentation from the original creditior . lloyds bank plc
We are informed that you opened the account at your current address **********************(i have never taken out a lloyds account here havent taken one out in about 9 years lol) which is where the documents would have been sent however the client has requested the documents none the less
proceedings
We note you were unable to arrange an appointment for mediation as you had not received the documents . Whilst we appreciate your request for documentation its our clients position that the outstanding balance remains due and payable by you and regardless of the provision of documents , you have no valid defence.
The court will now contact all parties with the notice of transferof proceedings, allocation notice of hearing and any further instuctions
we recommend you seek legal advice


what a bunch of jokers !
I have no defence lol they dont even have the correct address more like they have no paperwork ,no clue , and no case .
i think theyre going to look like a right bunch of knobs when i make them look stupid

[nemesis45]

Re: Court Claim - lowell portfolio / lloyds bank - 12-12-2014

Dear Mr Carter,
re Claim Numberxxxxxxxxxxxxxxx

I am sure you are fully aware that what in the way of documentation may or may not have been provided by the original creditor the
simple fact is that this does not negate my lawful requests for information made under CPR31.14 and/or sections 77/78/79 of CCCA 1974.
Whilst I appreciate that Bryan Carter LLP is intent on blocking my requests for documents to protect its clients tenuous claim the
fact is without the documents requested being disclosed the alleged debt is unenforceable.
The non compliance with these requests will be put before the court and complaints will be registered with the relevant regulatory authorities regarding the conduct of Lowell and Bryan Carter LLP.
I expect to receive the requested documents by return of post, failing that confirmation that the claim has been withdrawn.

nem