Urgent Advice Please BW Legal - Lowell & County Court Claim

[ditzee]

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:

[nemesis45]

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

Contact from HMCTS Small Claims Mediation team can be slow now as it an " expectation" of the court that the parties to a claim will attempt resolution without a hearing so there is a backlog in system.
A consent (Tomlin Order) may be suitable for you, it stays the claim for as long as the agreed payments are met, so any offer you make in this situation must be reasonable, affordable ( for an extended period of time). If the agreement fails because of missed/late payments the claimant may immediately seek summary judgement and a CCJ will be recorded.

nem

[ditzee]

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

Thanks FlamingParrot - have signed SAR and will post today. N180 completed for court and duly copied with covering letter for bwlegal. Can I ask about mediation. Timescale wise how long would you anticipate it to be before the court's mediation service contact me? In your experience when I explain my case and that my financial circumstances - ie, have no assets, live in rented home, only income ESA and have "mental health problems" which are related to social anxiety disorder - do you find that this may deter bwlegal continuing with the case or that they might accept monthly payment of £1 due to circumstances?

[FlamingParrot]

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

Thanks FlamingParrot - can I just check that I need to photocopy my completed N180 and send a copy of it to bwlegal then?

Yes, send a copy to them. :thumb:

I have also received a letter from Halifax today in response to my SAR - they say I have to supply an actual signed request for the information - is this accurate only I thought I had checked up on this and an electronic signature was all that was required? :dizzy:

It's not uncommon to ask for a signed letter to request a SAR and little reason not to sign the letter, a SAR is not about signed documents but statements of account, etc. and while a rogue DCA *could* lift a signature, the Halifax won't do that.

[nemesis45]

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

Thanks FlamingParrot - can I just check that I need to photocopy my completed N180 and send a copy of it to bwlegal then? I have also received a letter from Halifax today in response to my SAR - they say I have to supply an actual signed request for the information - is this accurate only I thought I had checked up on this and an electronic signature was all that was required? :dizzy:

Yes Copy BW Copy Court Copy for you.

nem

[ditzee]

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

Thanks FlamingParrot - can I just check that I need to photocopy my completed N180 and send a copy of it to bwlegal then? I have also received a letter from Halifax today in response to my SAR - they say I have to supply an actual signed request for the information - is this accurate only I thought I had checked up on this and an electronic signature was all that was required? :dizzy:

[FlamingParrot]

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

About to complete the N180 form for the court and bwlegal have also sent me a copy of the questionnaire. Do I only need to complete and return the questionnaire from the court and ignore the questionnaire from bwlegal?

Yes, basically each party is required to complete the questionnaire and send it to the court and copy the other party, BW Legal have sent you their copy for information and they should also receive a copy of yours. :thumb:

[ditzee]

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

About to complete the N180 form for the court and bwlegal have also sent me a copy of the questionnaire. Do I only need to complete and return the questionnaire from the court and ignore the questionnaire from bwlegal?

[FlamingParrot]

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

Hopefully the SAR response may help further clarify things! Any hints at completing the questionnaire from the court which needs to be replied to by 7/9/2015? :beagle:

With all the discussion surrounding NoAs we seem to have missed this one.

If you are referring to the N180 small claims directions questionnaire, that should be fairly straightforward to complete. It's always a good idea to tick the mediation box. No need to argue about allocation to small claims. You need to provide details of your local court under D1 because that's where you'd have to attend a hearing if it gets that far and you don't want to travel far. Also provide dates when you don't expect to be available (D4). You won't need experts or interpreters. Under D3 only one witness (yourself). Any more questions just shout. :director:

[Berniethebolt]

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

Good grief man, I asked you a question which was do they have to say the LPA, you said no you have never seen one and I showed you one sent to me which doesn't mention it. What I was trying to find out is , is that NOA valid .

There is no need to be rude

[nemesis45]

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

I will have to show you one that doesn't then wont I, hence my question

Don't bother thanks you daft games remind me so much of someone now " inactive" here it's getting to be tedious!

[Berniethebolt]

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

I will have to show you one that doesn't then wont I, hence my question

[nemesis45]

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

Generic maybe but does it need to mention LPA and the fact the new owner is also the new data controller?

All the NOA's I've seen mention the LPoA but not all mention the DPA.

[Berniethebolt]

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

Generic maybe but does it need to mention LPA and the fact the new owner is also the new data controller?

[nemesis45]

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

NOA's can be considered generic

Debt Owner assigned debt LoPA etc on date to XXXXXXXXXXXXX. And
Or From the debt purchaser in similar form stating it now owns the debt.

Many creditors authorise the debt purchaser to send their NOA with their own.

Nothing complicated at all.

nem