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Lowells Solicitors/Vanquis

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  • #16
    Re: Lowells Solicitors/Vanquis

    Hello again.

    I returned the DQ and have now received a letter from HMCTS saying they will call within the next 8 days to make an appointment for mediation and setting out the requirements for mediation again, one of which is that "I have enough information about the claim to enter negotiations".

    I still have not had a copy of the CCA which is my main defence so I don't really want to confirm that I have enough information.

    Reading through other threads I was under the impression that if Lowell Solicitors hadn't provided the CCA when requested the case would be stayed however it's almost two months since I submitted my defence and everything seems to be proceeding.

    My main problem now is do I accept a mediation appointment when they call or do I tell them I don't have enough information?

    Comment

    • #17
      Re: Lowells Solicitors/Vanquis

      they will ask are you available on such such date, should also ask if you have the necessary documents to continue/mediate, you say no then they will state unsuitable for mediation and will return case to court, no documents means no mediation!
      • 2 likes

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      • #18
        Re: Lowells Solicitors/Vanquis

        Ok, thanks again Mike. Sorry to be making such a meal of this but I'm just worried about making the wrong move.
        • 1 thank

        Comment

        • #19
          Re: Lowells Solicitors/Vanquis

          I did have a 'repayment option plan' on the card
          I don't think ROP is the same as PPI.
          https://www.theguardian.com/money/20...nt-option-plan
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick
          • 1 thank

          Comment

          • #20
            Re: Lowells Solicitors/Vanquis

            Thank you Charitynjw, I had assumed it was the same as PPI however taking the article into account they probably should have stopped interest and 'frozen' the debt when informed of the situation however from the statements Lowell have sent they did not do this.
            • 1 thank

            Comment

            • #21
              Re: Lowells Solicitors/Vanquis

              Thank you again to Mike770, Amethyst, charitynjw and everyone who read this.

              The claim was struck out as unenforceable by virtue of S78(6) CCA 1974.
              • 2 likes

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              • #22
                Re: Lowells Solicitors/Vanquis

                Well done MrMojo!
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick
                • 1 thank

                Comment

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