Urgent Advice Please BW Legal - Lowell & County Court Claim

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thanks FM - I will go ahead with mediation and supply information of my financial circumstances and see what response I receive from bwlegal. I have today received a response from Halifax Data Controller to my SAR. They state that as I have requested ALL data held which can encompass call recordings and emails I will have to write to them yet again as they will take longer than the usual 40 days deadline. Do you think given my previous posts on this subject matter that it is necessary for me to have all this info at my fingertips to help my case or would you ask them to proceed with standard SAR?

Probably not, unless you think there may be something in those phone calls and emails that is key to your case. If it's just statements of account you're after then you won't need any of that.

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Received call from the court mediation services today to schedule a mediation call with Lowell/BWLegal on 30/9/15. Any tips for what info I should have to hand in order to deal with the call effectively?

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Does agreeing to mediation on the phone also mean an admission that the debt is owed?

[Kati]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Does agreeing to mediation on the phone also mean an admission that the debt is owed?

nope

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Cheers Kati - any specific information I will need at my fingertips when dealing with the call?

[Kati]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Have you received all the documentation (cca cpr etc...)?

I'll :bump: this for [MENTION=37786]FlamingParrot[/MENTION] too xx

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

No - no CCA as apparently relates to an overdraft - no NOA and no Default Notice - just photocopy of some sort of bank statement for a one year period as mentioned in earlier posts - I thought that should the case go against me at court I had nothing to lose by trying mediation as according to Legal Beagles I will not be admitting liability and Lowell and BWLegal will be made aware of my very poor financial circumstances ie on ESA, no assets etc. Small possibility that they may decide not to pursue after being given this information ray:

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Received call from the court mediation services today to schedule a mediation call with Lowell/BWLegal on 30/9/15. Any tips for what info I should have to hand in order to deal with the call effectively?

They will probably call you and have a chat, then hang up and call the other side and so on, it's not a three way call. hone:

You should have all the history of the claim at hand including all communications between you and Lowell/BW Legal, all your requests for documents, etc. You may want to write down (or type up) a diary in chronological order and have it to hand so you can refer to it during the conversation as and when required.

You should also have information about your circumstances, i.e. you have been on ESA for xx months/years because you suffer from xyz and your financial circumstances are no likely to improve any time soon. The more info you have the better. :thumb: You may not need everything and the mediator may not want to hear all the fine details but it's always best to be prepared rather than having to say "just a minute, I'll have to go and dig that up, hold on..."

Does agreeing to mediation on the phone also mean an admission that the debt is owed?

You are not denying it as such, bear in mind if you are thinking about limitation, the clock would have stopped when the claim was issued anyway. :ohwell:

No - no CCA as apparently relates to an overdraft - no NOA and no Default Notice - just photocopy of some sort of bank statement for a one year period as mentioned in earlier posts -

That's one reason why mediation may be appropriate here, overdrafts are not as easy to defend and you may want to save yourself the stress and hassle of going all the way to court.

I thought that should the case go against me at court I had nothing to lose by trying mediation as according to Legal Beagles I will not be admitting liability and Lowell and BWLegal will be made aware of my very poor financial circumstances ie on ESA, no assets etc. Small possibility that they may decide not to pursue after being given this information ray:

If you were completely denying liability then you wouldn't agree to mediation to start with, the idea is to get the mediators to convince Lowell (through their legal representatives BWL) that they would effectively be out of pocket if they proceed with the claim, they would only incur further fees and costs which they won't be able to recover from you because you simply haven't got the means and even a court cannot make someone pay what they haven't got. :nono: If they got judgment against you, you'd be submitting an income and expenditure statement showing you can only offer £1 a month as a token payment, so it would take them years just to recover the court fee they are yet to pay as claimants, let alone any of the alleged debt. :thumb:

You've still got a couple of weeks, anything you can think of do post up. :typing:

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you so much FlamingParrot - can you please advise what evidence of income and expenditure would Lowell and the courts require if judgement is made against me?

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you so much FlamingParrot - can you please advise what evidence of income and expenditure would Lowell and the courts require if judgement is made against me?

This should give you an idea, it's the form you'd use to apply for an instalment order on a judgment: http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf

However, it's a little early to be looking at that, the idea is to convince them (via the mediation service), that they'd be wasting their time and resources going that far. :thumb:

[Berniethebolt]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Just a thought about the I&E

I am notoriously bad with budgeting and can never work out an accurate budget but there are things that are allowable as a legitimate expense even if you do not pay them. I might be cheeky and put £5 a month for hair cuts , but you can also put an amount for clothes and don't forget the TV license . If you are on ESA it won't be difficult to legitimately get to the amount per week . If you need help should the worst happen then there are places that can help you with what are called trigger figures. The ones I have are a little out of date but will still do the job

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Just a thought about the I&E

I am notoriously bad with budgeting and can never work out an accurate budget but there are things that are allowable as a legitimate expense even if you do not pay them. I might be cheeky and put £5 a month for hair cuts , but you can also put an amount for clothes and don't forget the TV license . If you are on ESA it won't be difficult to legitimately get to the amount per week . If you need help should the worst happen then there are places that can help you with what are called trigger figures. The ones I have are a little out of date but will still do the job

I'd have thought if you are on benefits, they are not enough to even cover the basic expenses so the I&E could even show a negative output as you'd may have to rely on "charity" from family and friends to make ends meet. :mmph:

[Berniethebolt]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Certainly when I was on assessment ESA my family were good to me and friends stood my round in the pub.
As anyone who has seen a pic of me will know, a haircut is the last thing i need

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi again. Just getting in right frame of mind for my mediation call this Wednesday morning. Forgot to ask if it is possible after giving details of my poor financial situation that BWLegal may state there and then on the call that they will not be pursuing court action or if they may mention or ask me to agree there and then to a Tomlin order or it more than likely that I will be told that I will just have to wait to hear from either the court or BWLegal directly and it will be in writing?:blah::confused2:

[nemesis45]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi again. Just getting in right frame of mind for my mediation call this Wednesday morning. Forgot to ask if it is possible after giving details of my poor financial situation that BWLegal may state there and then on the call that they will not be pursuing court action or if they may mention or ask me to agree there and then to a Tomlin order or it more than likely that I will be told that I will just have to wait to hear from either the court or BWLegal directly and it will be in writing?:blah::confused2:

Mediation appointments are for both parties to put forward suggestions as to how to resolve the claim, if you feel uncomfortable with the claimants say so and give your reasons for the mediator to put to the claimant, if you can convince the claimant that there is no reasonable chance that you can repay the debt they may withdraw the claim, it's not common I have to say, as far as I can remember it's happened only twice out of a number of mediations I've conducted for others.

nem