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Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

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  • #46
    Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

    Originally posted by yhussain0786 View Post
    Hi I just got a letter from Carters saying that they did send a Notice of Assignment in around July 2013 and attached are the copies and they willing to settle the debt again should I just file this way and wait for the court direction to come:tinysmile_hmm_t2: throught...any help would be appreciate.
    Nothing more? No Mention of the agreement?

    Yes file and wait I think.

    nem

    Comment


    • #47
      Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

      Hi there Carter sent a copy of the Claimants Direction Quesionnaire today saying they want to settle and negotiation the matter outside of court.....What now guys I am bit baffled what to do next???

      Comment


      • #48
        Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

        Originally posted by yhussain0786 View Post
        Hi there Carter sent a copy of the Claimants Direction Quesionnaire today saying they want to settle and negotiation the matter outside of court.....What now guys I am bit baffled what to do next???
        If you look around, you'll find that's Mr Carter's latest strategy, no doubt inspired by the fact his clients won't be able to obtain the documents when directed by the court. One to be filed under 'C' me thinks...

        Comment


        • #49
          Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

          usually before discontinuing - hope so! last begging letter??

          Comment


          • #50
            Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

            Becoming all to common with Carter, my thoughts are as Carter / Lowell more often than not are offering
            mediation as "SAP" to the court e.g. Look how reasonable we are being!! But frequently none of the documents
            supporting the claim have been provided by the date the mediation is supposed to take place, given this and the
            known delays in getting a mediation appointment it seems highly likely that Carter uses this to " buy time" for his
            " client" to find documents and of course " mystery payments"!

            nem

            Comment


            • #51
              Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

              Thank you so much for the quick responds......should I do nothing now and just wait for the courts hearing now. Thank you

              Comment


              • #52
                Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

                Originally posted by yhussain0786 View Post
                Thank you so much for the quick responds......should I do nothing now and just wait for the courts hearing now. Thank you
                Mr Carter will be required to send you the documents he is relying on at least 14 days before the hearing date, that's when he may find himself in a sticky position if his clients can't dig anything up, and hopefully may have to discontinue. ray:

                I'd file his letter under 'C'. :ranger:

                Comment


                • #53
                  Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

                  Hello just got a e-mail form Small Claims Telephone Mediation Service need help what do i do or should i just leave it alone or reply??

                  Comment


                  • #54
                    Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

                    Originally posted by yhussain0786 View Post
                    Hello just got a e-mail form Small Claims Telephone Mediation Service need help what do i do or should i just leave it alone or reply??
                    Would be a good idea to reply and say you've not received any documents from Mr Carter.

                    Comment


                    • #55
                      Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

                      How does the Small Claims Telephone Mediation Service work they have given me a date 11/8/2015 do i ring them on that date to tell them that i have had no documents from Carter or do i do it now.:tinysmile_twink_t2:

                      Comment


                      • #56
                        Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

                        Small Claims Telephone Mediation Service

                        Claim Number: XXXXXXXX

                        Parties: LOWELL PORTFOLIO I LTD v MISS YASMIN HUSSAIN Claimant REF: xxxxxx

                        Mediation Requirements



                        Please read the following statements:




                        I can confirm that I am willing to compromise on this matter - NO

                        I can confirm that there has been no police involvement in this matter at any time - NO

                        I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment - NO

                        I can confirm that I can mediate on the date stated above. - NO

                        (Mediation appointments are limited and can only be re-arranged under exceptional circumstances).


                        Mediation is not suitable in my case as I have not received no documents from Bryan Carter Solicitors.



                        Is This E-mail ok to send off to the Mediation Team.

                        Comment


                        • #57
                          Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

                          Originally posted by yhussain0786 View Post
                          How does the Small Claims Telephone Mediation Service work they have given me a date 11/8/2015 do i ring them on that date to tell them that i have had no documents from Carter or do i do it now.:tinysmile_twink_t2:
                          The mediation service telephone appointment system is far less stressful than a court hearing.
                          The mediator will phone you to introduce his/her self and to explain the process, which very simple,

                          The mediator ask the claimant their " position " on the claim and then will relay that information to you for are reply, this negation continue until either and agreement mutually acceptable is reached or the negotiations break down in which case the claim is returned
                          to the court.

                          If successful the "agreed" resolution will be written into a Consent ( Tomlin) Order for you and the claimant to sign, it is
                          then returned to the court to be sealed thus becoming binding on both parties.

                          If the debtor fails to maintain the agreed payments the claimant can immediately enter judgement by default

                          nem

                          - - - Updated - - -

                          Originally posted by yhussain0786 View Post
                          How does the Small Claims Telephone Mediation Service work they have given me a date 11/8/2015 do i ring them on that date to tell them that i have had no documents from Carter or do i do it now.:tinysmile_twink_t2:









                          nem

                          Comment


                          • #58
                            Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

                            I read this as you are unwilling to mediate at all

                            I would be saying yes I will compromise and mediate but add that no papers have been received

                            Comment


                            • #59
                              Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

                              Thank you for pointing me in the right direction so I just wait for the phone call then from Mediation Team and just tell them I will comproise but have recieved no document from claimant:tinysmile_hmm_t2:

                              Comment


                              • #60
                                Re: Court Claim - lowell portfolio ltd / hbos plc - 14-5-2015

                                Originally posted by yhussain0786 View Post
                                Thank you for pointing me in the right direction so I just wait for the phone call then from Mediation Team and just tell them I will comproise but have recieved no document from claimant:tinysmile_hmm_t2:
                                Yes state you are willing to partake in the mediation process if the claimant has shown "willingness" to mediate and then fails to disclose the documents required it will count in your favour.

                                nem

                                Comment

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