Urgent Advice Please BW Legal - Lowell & County Court Claim

[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:

[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

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

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:

[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

[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.

[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?

[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

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:

[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!

[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

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?

[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]

[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:

[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?