Lowell solicitors have applied for a ccj, please help!

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Evening all,

Quick update, there's been no progress at all in the last several weeks however yesterday evening that all changed. I came home to find a letter from my local County Court. The letter is 'Notice of Allocation to the Small Claims Track (Hearing)'.

First thing in the letter the DJ starts by saying the Court believes that my case is suitable for Mediation and I am encouraged to E-mail or ring the mediation team. If I have previously said I don't want to participate in mediation do I just ignore this or would it now be worthwhile?

The second part of the letter goes on to say I should type up a witness statement and forward it Lowell Solicitors and the Court before 4pm on the 30th June along with any other documents that I may wish to rely upon.

How exactly do I go about putting a decent witness statement together and what documents would I consider using, just the requests I have sent off?

As always many, many thanks for your time and help.

Mkcky

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

do not panic time to put it together before deadline

[warwick65]

Re: Lowell solicitors have applied for a ccj, please help!

Hi

1st thing about mediation
Did you put that you did not want to mediate?

If you get the option it may be a good idea as this is a time when (if you think things don't look good for you , you could take the pragmatic approach and make an instalment settlement offer - it would not be a CCJ as long as you kept up)

As for the WS - this is your chance to tell the story and flesh out what you put in your defence, you explain how you sent this request etc and they did not reply or what they sent was rubbish, how they have not supplied the other) There are examples in the green box at the top.

As Mike says, you have loads of time yet , 3 weeks or so so you can get a top notch WS done

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P.S. I am told that Lowlife oops I mean Lowell often take it to the wire before they discontinue so if they do it might be at the 11th hour. I am afraid its late tonight and I haven't got time over the next few days to read the whole thread . I will have more time after next Wednesday so if you need a hand poke me then but others are probably more experienced than me

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Evening,

Yeah I originally put I didn't want to participate in mediation as I thought this was the best thing to do at the time as Lowell Solicitors never bothered to provide the information I asked for.

I'm not certain if it looks good or not, but all of a sudden Lowell have managed to find the information asked of them and seem intent on going all the way at the moment. My problem is I really, really can't afford to have a CCJ on my file when I am very close to re-building my credit score. A low settlement with installemts would be good but I have no experience of mediation and do know how it all works.

Yeah I will just check other threads and make a start on my WS if that's the line that I pursue and will show it on here for people to check for me. I would like to think Lowlife (Lowell) would discontinue at the 11th hour but I am not sure I can afford to take that chance.

Thanks as always

Micky

Also one other last question, if I do request mediation and I don't get the deal I want or find acceptable does this then put the ball in Lowell Solicitors court and give them added impetus making them think they have the upper hand?

[warwick65]

Re: Lowell solicitors have applied for a ccj, please help!

Hi
Mediation is confidential so by taking part in it will not be disclosed to the court.

Remember that it is a negotiation so never start with you top offer .

Not sure what you can afford each month but make sure it is affordable as one missed payment ould land you with a CCJ for the full amount

Maybe start at 15% at a rate you can afford ,

As it was an online agreement and the DN does look good to me - certainly nothing I could argue as a LiP without some expert advice
[MENTION=551]pt2537[/MENTION] [MENTION=7765]Joanna C[/MENTION] [MENTION=6]Amethyst[/MENTION]

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

[MENTION=98117]warwick65[/MENTION]

Hi Warwick

You wouldn't happen to know what 'class' of post Vanquis used/uses when sending out notifications (eg DN's)?

[warwick65]

Re: Lowell solicitors have applied for a ccj, please help!

@warwick65

Hi Warwick

You wouldn't happen to know what 'class' of post Vanquis used/uses when sending out notifications (eg DN's)?

Sorry no I don't

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

2nd in the past and usually arrives 5-7 days later than dated

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

2nd in the past and usually arrives 5-7 days later than dated

Is there any way of proving this, MIKE?

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

got rid of my envelopes etc a couple years ago after moving house, see if I can get the info elsewhere (up to date)

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!





Found old notes on Vanquis Default info:-


received letter = Notice of Default dated 14th March 2013 - received 22nd March 2013. service Date!

Actual Default Notice pay up by 2nd April 2013, No actual date of issue on it? Bank Holiday is Monday 31 st March, weekends not working days?

Even allowing say 14 working days + 4 actual days = 18 days, minus bank holiday monday, = it took more than 4 days thru their system to reach me in fact 8 days.

- - - Updated - - -
[MENTION=38161]char[/MENTION]irty

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

O.K. found original from 2013 = no date on Default notice, only on attached letter to it:-

envelope states:- TNT/POST Royal Mail C9 10002.

SSC20945914

[warwick65]

Re: Lowell solicitors have applied for a ccj, please help!

O.K. found original from 2013 = no date on Default notice, only on attached letter to it:-

envelope states:- TNT/POST Royal Mail C9 10002.

SSC20945914

That's more than mine, I didn't even have the DN attached to it

maybe this will provide a chink in their armour

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

O.K. found original from 2013 = no date on Default notice, only on attached letter to it:-

envelope states:- TNT/POST Royal Mail C9 10002.

SSC20945914

Thanks, Mike.

That's more than mine, I didn't even have the DN attached to it

maybe this will provide a chink in their armour

In this particular case, the letter sent with the DN was dated on a weekend.
That makes the date given (on the DN) to rectify very tight if 1st class, impossible if 2nd class (or similar)
Brandon v Amex/Woodchester Lease v Swain?

[MIKE770]

Re: Lowell solicitors have applied for a ccj, please help!

also no doubt is got to 2nd class and the old terms from the master of the rolls on posting times???