To mediate or not to mediate??

[slonie]

Hi guys,

Im trying to gain some further understanding of this situation having received a DQ from the court.

I need to try and get my head around the following.


1) If I agree to mediate does this mean that I am admitting or acknowledging the debt against me?

2) The court notes ask if i have enough information to be able to negotiate? I havent, so how can I mediate?

2) If i choose not to mediate does this mean that the case goes to court?

3) If Lowell havent provided me with the statutory information that I asked for I thought that debt was unenforceable until the information is provided and so it shouldnt end up in court?

4) At what point can I ask the court to throw the case out?

5) Would it be worthwhile writing to Lowell and now their new solicitors again, asking for the information to be provided?

Thanks in advance, this is causing me sleepless nights, and i dont seem to be getting anywhere with Lowell at all.

[Anthony72]

Re: To mediate or not to mediate??

[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION]

It seems that you should always offer the chance of mediation and it does not mean you are admitting the debt, what it does show is that you are being reasonable , however , if the solicitors have not sent the documents or the creditor have not complied with the S78 request it will not be possible for mediation. If you read other threads you will see that the courts phone to ask about mediation and if you say you havent got the documents it does not go ahead

[Amethyst]

Re: To mediate or not to mediate??

That's exactly right Anthony

Once mediation fails, you will get a court hearing date and an order to exchange documents, this is usually the point at which they discontinue if they don't have the documents, or produce everything and you can then get into a negotiation. So for now just follow the court orders and wait to get the court hearing date letter, then we'll give you a hand with your witness statement. There isn't much point chasing them for the documents really, you don't want them to come up with them.

Remember to them it is just a process and they won't think about you at all from one court order to the next.

[slonie]

Re: To mediate or not to mediate??

Hi everyone,

Thank you so much for putting my mind at rest. I will complete the DQ and get that sent off to them as soon as possible.

Then move onto the next stage. Im hoping that in the end its sorted, and there is no CCJ entered against me. It all very stressful and tiring.

I wouldnt have been able to get through it without the help of the people on this site. You guys are a god send.

Thank you.