Court Claim - Lowell / Vaquis - 1-10-2015

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Filed by email and received an email telling me that i will receive a mediation call later in the month. So what should I expect here? Anything I should be saying or asking for?

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Filed by email and received an email telling me that i will receive a mediation call later in the month. So what should I expect here? Anything I should be saying or asking for?

Mediation:

This is a method of attempting to resolve a claim without a court hearing. The mediator is not a judge, lawyer or a solicitor
and cannot give legal advice.

The telephone mediation process, simple the mediator will go through the claim so he/she understands it.

It is then a question of the claimants representative will put their side of the story, which is then relayed to
you by the mediator, and you make your reply to the claimants points and so on until hopefully you reach
a mutual agreement on how the claim is to be resolved e.g. by payments of £ x per month over an agreed
period of time:
If an agreement is reached the normal course is to " secure " the payments by way of a Consent ( Tomlin) Order
which once sealed by the court is binding on both parties and the claim is indefinitely stayed.
Any breach of the order and the claimant can apply
for summary judgement.

**** The mediator will ask if you all the documentation you need to carry out the negotiations.****

If you do not have the documents tohand that you have request via a CCA request and/or CPR31.14 request
the mediator will decline to continue.

Nothing that is said in the mediation appointment can be used later in court by either party.

Hope this helps.

nem

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Ok so since I never got the documents from them when I requested them it's not likely to go very far I guess. So onto a court appearance at some point in the future it is then.

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Ok so since I never got the documents from them when I requested them it's not likely to go very far I guess. So onto a court appearance at some point in the future it is then.

If you still don't have the docs when HMCTS Small Claims Mediation call to make the appointment
you should say so then, to free up the appointment for someone else.

Once this part is passed, the claim will be allocated to your local County Court Hearing Centre.

nem

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Ok I will do that thanks for the advice

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Apparently they had nobody available for mediation so it will go to a hearing. So advice one what I do from here would be greatly appreciated thank you.

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Ok this is now going to court I have had notification of such since mediation could not go ahead because they hadnt supplied any documents. Since then I have received notification that Bryan carters is no longer in charge of my case and that Lowell Solicitors is and now today rather worryingly I have received the documentation I requested. Well after the deadline but it is here and the last payment i think was the 18/09/2009 although on the same day it says payment twice and reversal once so im not 100% on that I can upload a scan of it if needed.

My problem is my defence rested solely on them not being able to prove and having failed to do so so what now? Where do I stand and how do i put together my defence based on this information.
I really value your help here and indeed really need it as I have no solicitor working for me and cant afford one either.

[Kati]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

:bump: [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] xx

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Ok this is now going to court I have had notification of such since mediation could not go ahead because they hadnt supplied any documents. Since then I have received notification that Bryan carters is no longer in charge of my case and that Lowell Solicitors is and now today rather worryingly I have received the documentation I requested. Well after the deadline but it is here and the last payment i think was the 18/09/2009 although on the same day it says payment twice and reversal once so im not 100% on that I can upload a scan of it if needed.

My problem is my defence rested solely on them not being able to prove and having failed to do so so what now? Where do I stand and how do i put together my defence based on this information.
I really value your help here and indeed really need it as I have no solicitor working for me and cant afford one eith8er.

Last payment 18/09/ 2009 Issue date 01/10.2015 I would still argue statute barred on the date the claim was issued.

On what date was the account defaulted?

nem

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

I dont know what date the account went into default that information hasn't been supplied I dont think where would I find it, there is a late payment charge 25/09/2009 then again 27/10/2009 with no payments in between.

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

I dont know what date the account went into default that information hasn't been supplied I dont think where would I find it, there is a late payment charge 25/09/2009 then again 27/10/2009 with no payments in between.

Try checking Noddle free online credit report.
Nem

[charitynjw]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Ok this is now going to court I have had notification of such since mediation could not go ahead because they hadnt supplied any documents. Since then I have received notification that Bryan carters is no longer in charge of my case and that Lowell Solicitors is and now today rather worryingly I have received the documentation I requested. Well after the deadline but it is here and the last payment i think was the 18/09/2009 although on the same day it says payment twice and reversal once so im not 100% on that I can upload a scan of it if needed.

My problem is my defence rested solely on them not being able to prove and having failed to do so so what now? Where do I stand and how do i put together my defence based on this information.
I really value your help here and indeed really need it as I have no solicitor working for me and cant afford one either.

Last payment 18/09/ 2009 Issue date 01/10.2015 I would still argue statute barred on the date the claim was issued.

On what date was the account defaulted?

nem

Hi guys

How can this claim be progressed if the claimant hasn't complied with the CCA s78 request?
(Or have I missed something [again, lol!])

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Try checking Noddle free online credit report.
Nem

On noddle the only record is by lowell and that only goes back to Jun 2011 however on Equifax it states that the default was 31/03/2010 I should add that nowhere does it say it was with vanquis bank only Lowell Portfolio dont know if that makes any difference.

[nemesis45]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

Hi guys

How can this claim be progressed if the claimant hasn't complied with the CCA s78 request?
(Or have I missed something [again, lol!])

The unhappy fact Charity is that Lowell and Lowell solicitors taking back from B Carter are now coming up with CCA /CPR requested documents at " witness statement " stage.

nem

[ShavedApe]

Re: Court Claim - Lowell / Vaquis - 1-10-2015

This has now ruled in their favour despite me not even knowing when it was going to court. The last letter i received was to inform me it would be heard at my local court. Today I received a letter telling me the court had ruled in lowell's favour. How can it go ahead without telling me when its going to happen?
Is there anything I can do at this point or do I now simply have to pay?