Urgent Advice Please BW Legal - Lowell & County Court Claim

[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

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

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:

[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

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

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

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

[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?

[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

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?

[FlamingParrot]

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

Have now received an e-mail from the mediation service as both parties agreed to mediation. Can you please confirm whether or not in your opinion you consider it in my best interest to agree to mediation - as I have stated earlier I am in receipt of ESA and no assets. I have received a copy bank statement of sorts regarding this overdraft but have not received NOA - so does this mean I do not have all the relevant documents from bwlegal in order for me to proceed with mediation? Should I overlook this point as the court should insist on NOA if mediation fails and court date set and try mediation anyway? I can only afford offer of £1 per month given my circumstances. Your opinions and advice please. :noidea:

Forgot to mention - no NOA and no notice of default paperwork submitted relating to this overdraft simply statement of account!

Kati - even if I don't receive all the documentation before 30/9/15 which is the date set for my mediation telephone call would it be worthwhile my going ahead with the mediation so bwlegal are made aware of my poor financial situation and may therefore decide not to proceed with court action or possibly agree to Tomlin Order which has been mentioned to me or would I be acting illegally if I say I have all documents to mediation service when I don't?

The mediation service usually ask you to agree to four questions before deciding that mediation can go ahead, one of them being whether you've got sufficient information, another whether you are willing to settle. What you understand to be sufficient information is up to you, with an overdraft you won't be able to argue about non-compliance with a CCA request or a faulty DN and it may be a bit of a struggle to win the case on the assignment alone, especially when an NoA can be easily recreated by Lowell themselves.

If you haven't got solid grounds to dispute the account, you may want to consider discussing your circumstances with the mediator and saying that if Lowell went all the way to court and obtained judgment, they wouldn't be getting more than £1/month anyway. The worst thing they can say is "No" in which case the matter would progress to court and it would be them who'd look unreasonable. It really is up to you. :decision:

[Berniethebolt]

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

My understanding is that the mediators will contact you, when you tell them that you have not received the requested documents they will not continue . [MENTION=37786]FlamingParrot[/MENTION]

[ditzee]

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

Kati - even if I don't receive all the documentation before 30/9/15 which is the date set for my mediation telephone call would it be worthwhile my going ahead with the mediation so bwlegal are made aware of my poor financial situation and may therefore decide not to proceed with court action or possibly agree to Tomlin Order which has been mentioned to me or would I be acting illegally if I say I have all documents to mediation service when I don't?

[Kati]

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

I believe that if you tell the mediation service you haven't received any documentation they'll say there's no point to it ... best (IMO) to agree to it in the first place and tell them (mediation service) when they call - it makes you look better xx

[ditzee]

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

Forgot to mention - no NOA and no notice of default paperwork submitted relating to this overdraft simply statement of account!