New member - Need help with Brian Carter/Lowell Court Claim please!

[Kate999]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Thank you for your reply. I have sent Brian Carter template reply about CPR31 as example from forum library, and the responding letter from the court states: "this case is suitable for allocation to the small claims track" and I completed the Small Claims Directions Questionnaire form which has led to the mediation which is supposed to be 8th february however I have missed a phonecall to confirm this as in work today, I will have to contact mediation tomorrow... I am confused as to what I should do next, and extremely worried as do not want a CCJ. Also one other question the default on my credit file is for a different amount than stated by Brian Carter.... Grateful for any advice.
Kate

[Kate999]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

HELP PLEASE!!

Hi, court date 5th May 2016, had not recieved CCA requested from Bryan Carter Solicitors, then recieved change of solictors to Lowell solicitors who issued copy of CCA and statement from original debtor shop direct debtor for £3147.86, last payment 05/06/2012 default date 03/01/2013, however my equifax report stated original debt default £2470 but there is no date, lowell are stating default for £3147.86 03/01/2013. Should I now contact mediation as I have copy of CCA? I have not yet recieved witness statement from Lowell, nor have I submitted mine, and I am aware of court date looming 5th May 2016... Please help I am desperate and 8 months pregnant and really want to avoid CCJ and stress of this...
Many thanks in advance to anyone who can help

[MIKE770]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

[MENTION=1937]nemisis[/MENTION]

[nemesis45]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

HELP PLEASE!!

Hi, court date 5th May 2016, had not recieved CCA requested from Bryan Carter Solicitors, then recieved change of solictors to Lowell solicitors who issued copy of CCA and statement from original debtor shop direct debtor for £3147.86, last payment 05/06/2012 default date 03/01/2013, however my equifax report stated original debt default £2470 but there is no date, lowell are stating default for £3147.86 03/01/2013. Should I now contact mediation as I have copy of CCA? I have not yet recieved witness statement from Lowell, nor have I submitted mine, and I am aware of court date looming 5th May 2016... Please help I am desperate and 8 months pregnant and really want to avoid CCJ and stress of this...
Many thanks in advance to anyone who can help

WS must be submitted " At Least 14 Days Prior to a hearing " so get yours done asap.

nem

[Kate999]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Thanks for reply Nem, do you think I should contact mediation service for a settlement rather than potentially recieving CCJ?
Many thanks

[nemesis45]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Thanks for reply Nem, do you think I should contact mediation service for a settlement rather than potentially recieving CCJ?

Many thanks

Did you not fill in form N181 which asked about mediation.

It is still possible ( should you want to) to approach the claimants solicitors suggesting a repayment plan secured by a consent order, no CCJ as long as repayments are reasonable, affordable and sustainable.

nem

[Kate999]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Yes I filled the form in, but had not recieved any documents for mediation to continue, but now I have recieved copy of CCA and ?copy of statement from shop direct account since the change of solicitors from Bryan Carter to Lowell solicitors. Is my case worth me trying to defend in court or trying to go through mediation for some sort of settlement? Court letters state mediation can be 10 days before court date. If I settle for consent order will I be settling for whole claim, which I dont agree is the correct amount? Grateful for advice.
Kate

[nemesis45]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Yes I filled the form in, but had not recieved any documents for mediation to continue, but now I have recieved copy of CCA and ?copy of statement from shop direct account since the change of solicitors from Bryan Carter to Lowell solicitors. Is my case worth me trying to defend in court or trying to go through mediation for some sort of settlement? Court letters state mediation can be 10 days before court date. If I settle for consent order will I be settling for whole claim, which I dont agree is the correct amount? Grateful for advice.
Kate

Hello Kate,

Let's see what you have received please post copies here after redacting name address/account numbers first.

nem

[Kate999]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Please find attachments