Court Claim - Lowell / Capital One - 19-2-2014

[BLAZER]

Re: Court Claim - Lowell / Capital One - 19-2-2014

JDOG1982,

You can see your personal details on the uploaded defence, you should get this removed and post up amended details.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

JDOG1982,

You can see your personal details on the uploaded defence, you should get this removed and post up amended details.

i dont know how to remove it, or delete it.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

JDOG1982,

You can see your personal details on the uploaded defence, you should get this removed and post up amended details.

got it sorted, thanks for the heads up

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Quick question on A3 when it states give reason why you consider it inappropriate to try and settle the claim, do i just insert my defence that its statute barred?

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

got it sorted, thanks for the heads up

oops sorry I didn't notice that at all !

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Ah sorry I was still thinking about A3 and got sidetracked with the directions hence I left it blank.

As the claimants have agreed to mediation then maybe you should just tick yes to A1 and A2 - it won't really drag things out any further and gives you chance to get them to pull out before you get to a hearing.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Really? Even if i have no intention at all to settle?

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Annoyingly yes. Settlement can be a drop hands (ie they withdraw the claim and you don't claim costs off them ) type thing it doesn't necessarily mean you pay them the claim. There are costs consequences on both sides for refusing to mediate so it is usually best to agree to negotiate to sort the case out without the costs and time of court. Usually everyone ticks yes, send a pointless letter, then wait for the month to be up and go off to court anyway.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Annoyingly yes. Settlement can be a drop hands (ie they withdraw the claim and you don't claim costs off them ) type thing it doesn't necessarily mean you pay them the claim. There are costs consequences on both sides for refusing to mediate so it is usually best to agree to negotiate to sort the case out without the costs and time of court. Usually everyone ticks yes, send a pointless letter, then wait for the month to be up and go off to court anyway.

Ok will do, shall i type a cover letter as well or will the N181 form and draft directions be sufficient to both court and claimant.

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

I'd just do a very brief cover letter for the claimant -

Dear xxxxx,
Claim XXXXX Lowell Portfolio 1 v JDOG1983
Please find enclosed a copy of my completed N181 Directions Questionnaire which has been submitted to the Newcastle-upon-Tyne County Court.
Kind regards
JDOG



nothing needed for the court.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

I'd just do a very brief cover letter for the claimant -

Dear xxxxx,
Claim XXXXX Lowell Portfolio 1 v JDOG1983
Please find enclosed a copy of my completed N181 Directions Questionnaire which has been submitted to the Newcastle-upon-Tyne County Court.
Kind regards
JDOG



nothing needed for the court.

Thats great, one last thing, the claimant also had a Tomlin Order form included with there letter when they wanted to settle. Do i need to do out with that.

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

they usually do try a Tomlin - if it's not a drop hands and you are completely confident with your statute barred defence ( remembering the January 2008 date ) - then you are safe to refuse it.

Out of interest when do you believe last acknowledgement/payment of this debt was ?

You should really say in your cover letter then that you will not be accepting their offer at this time.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

they usually do try a Tomlin - if it's not a drop hands and you are completely confident with your statute barred defence ( remembering the January 2008 date ) - then you are safe to refuse it.

Out of interest when do you believe last acknowledgement/payment of this debt was ?

You should really say in your cover letter then that you will not be accepting their offer at this time.

To be honest as it was so long ago i have no idea, im pretty confident that its past the 6 years. Also with them not providing any proof that it isnt i am going with that.

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

If you aren't 100% sure, then I would definitely make sure you have sent a CCA request to Lowell.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

If you aren't 100% sure, then I would definitely make sure you have sent a CCA request to Lowell.

Bit late for that now tho aint it.