Lowel and CCJ - Too late to do anything

[steph137]

Re: Lowel and CCJ - Too late to do anything

Thanks again.

He works in one town but his home address is in another. He put the town he works in on the form but BC put the town he lives in on there.

So can this mean BC have declined mediation, even though they put it on the N180 or that the case wasn't suitable for mediation?

I really hope the court aren't taking the default date as proof! It's the only thing within the 6 years.

[FlamingParrot]

Re: Lowel and CCJ - Too late to do anything

He works in one town but his home address is in another. He put the town he works in on the form but BC put the town he lives in on there.

So can this mean BC have declined mediation, even though they put it on the N180 or that the case wasn't suitable for mediation?

TBH, if your defence is SBd then there's nothing to mediate, mediation is intended to achieve a settlement, if you are not prepared to settle (and why would anyone want to settle a SBd debt?) there's no point in going through mediation, as that's what it's all about.

I really hope the court aren't taking the default date as proof! It's the only thing within the 6 years.

The default date on credit files it totally immaterial for legal purposes, the Limitation Act refers to the cause of action and makes no mention of reporting to the CRAs which is not even compulsory. Lowell are a bag of dirty tricks and like to fob people off with default dates they themselves update to suit their own purposes. :mad2: :rant: :mad2: :rant:

[steph137]

Re: Lowel and CCJ - Too late to do anything

Cheers again :-)

What happens if the claim is dropped? Do you hear about it? I have read that if it's stayed you don't find out.

I assume if there's no letter from the court in a certain time it's stayed?

What are the timescales? The last letter from the mediation was dated 15th Sept.

[FlamingParrot]

Re: Lowel and CCJ - Too late to do anything

Cheers again :-)

What happens if the claim is dropped? Do you hear about it?

You do, you'd get a notice of discontinuance. ray: ray: ray:

I have read that if it's stayed you don't find out.

I assume if there's no letter from the court in a certain time it's stayed?

Yes, that's correct, however, in this case the claim is not stayed because it's proceeding to court. That would happen when they don't respond to a defence within 28 days.

What are the timescales? The last letter from the mediation was dated 15th Sept.

It all depends on how busy that particular court is, when they can schedule a hearing date. It could be in the new year.

[steph137]

Re: Lowel and CCJ - Too late to do anything

He received a court date today. It's been handed over to another court (the one he requested). The date is 16th January, which is really bad timing because he can't take time off in January at all.

The letter says the claimant (Lowel) have to pay £80 before December 11th. What's the odds they won't pay? I assume they let all cases get up to this stage as it's free until then (bar the £60 few initially)

There's a side note saying that if he can't attend the court case it can still go ahead in his absence if he is able to provide documents etc.

I am thinking of getting a data subject access request from Orange for him which will hopefully provide proof of that bill is older than 6 years because otherwise Orange are useless and have been for 8 years. It seems the only way to contact them is executive.office@orange.co.uk.

[nemesis45]

Re: Lowel and CCJ - Too late to do anything

He received a court date today. It's been handed over to another court (the one he requested). The date is 16th January, which is really bad timing because he can't take time off in January at all.

The letter says the claimant (Lowel) have to pay £80 before December 11th. What's the odds they won't pay? I assume they let all cases get up to this stage as it's free until then (bar the £60 few initially)

There's a side note saying that if he can't attend the court case it can still go ahead in his absence if he is able to provide documents etc.

I am thinking of getting a data subject access request from Orange for him which will hopefully provide proof of that bill is older than 6 years because otherwise Orange are useless and have been for 8 years. It seems the only way to contact them is executive.office@orange.co.uk.

Certainly worth a try a SAR could well be helpful.
It is always best to attend, thus not leaving the claimant with the judges ear.

nem

[Amethyst]

Re: Lowel and CCJ - Too late to do anything

Check the hearing letter carefully - does it ask you to provide witness statement and documents by a particular date or 14 days before the hearing ? Usually it's mentioned halfway down on page 2 of the docs that come with the letter.

[steph137]

Re: Lowel and CCJ - Too late to do anything

Here's a copy of the letter.

I see they have attached another letter recommending mediation. Does that mean that Lowel have submitted something credible or is this standard?



Edit: blanked out details that could allow Lowel to identify the case if their staff read these forums.

[Kati]

Re: Lowel and CCJ - Too late to do anything

Here's a copy of the letter.

I see they have attached another letter recommending mediation. Does that mean that Lowel have submitted something credible or is this standard?



Edit: blanked out details that could allow Lowel to identify the case if their staff read these forums.

can you re-post it?

[steph137]

Re: Lowel and CCJ - Too late to do anything

These are the direct links. Sorry if they didn't show, I'm currently on a mobile phone.

http://i194.photobucket.com/albums/z...2020.06.26.jpg

http://i194.photobucket.com/albums/z...8_195336-1.jpg

[Amethyst]

Re: Lowel and CCJ - Too late to do anything

They show fine xx

Okay so you can check with the court sometime after the 11th December whether the hearing fee has been paid. Then you will need to prepare your witness statement and docs before the 2nd January - personally I'd get them sorted soon as you know the hearing fee has been paid and send them in ( to court and claimant) around say 22nd Dec so you aren't having to deal with it over Christmas. Your witness statement can expand on your defence somewhat - the main defence is the statute barring ??

The mediation letter is completely normal.

That is a pain about the court allocation - would he be able to attend if it was at the court he asked for at allocation ( ie near his work?) - if so then it might be worth giving the court a call about it - I'm sorry I don't know the process for asking to change court but the court staff SHOULD be able to advise.

[Amethyst]

Re: Lowel and CCJ - Too late to do anything

Ahh basically your witness statement can expand on the list you put in your first post, will help you with it so don't worry - not much point getting cracking on it until the other side have paid the hearing fee though - just don't forget.

My brother worked in Germany in 2006/2007 and had a contract with Orange mobile.
- He got a bill for £200+ because of a tariff mix up and disputed it but it was not resolved.
- He never paid anything from 2007 onwards for it and the contract was soon cancelled.
- His credit file shows a default with Lowell in 2010 (Orange no longer appear on there, which I think makes sense as you can only have 1 default for one piece of debt?)
- He got a court letter and returned it with a "statue barred" defence, as it was from 2007, he doesn't admit to the debt and he paid nothing to it since then
- Neither Lowell or Orange will provide a copy of the original bill or the contract, but it hasn't been formally requested in writing for either of them to do this
- Neither party (my brother or Lowell etc) can conclusively say the bill is or isn't from 2007 as there's no paper work for it to be found.
.

[steph137]

Re: Lowel and CCJ - Too late to do anything

My idiot brother phoned the court, Lowel have paid the fee, and because of this the court convinced him into mediation and he paid them something and set up a payment plan masdopey: Luckily they have more than halved the bill now (it's actually less than the lump sum figure they would have taken) but that make me believe even more that they knew they'd lose this case anyway - surely they'd just let it go to court, get a CCJ and get double the money?

What's frustrating is that Orange are sending a "letter of account" out with the bill dates and amounts to show it's older than 6 years. They don't have historic bills any more but this letter was going to be ultimate proof. I pretended to be him and logged a complaint with EE and they sorted it quite quickly. Orange are useless.

Now he has made a payment he has to settle the debt now, doesn't he?

I am so angry at him. Oh well, c'est la vie.