Lowell CCJ

[MIKE770]

Re: Lowell CCJ

just follow court instructions = they have not got ==== their problem not yours

[elle7]

Re: Lowell CCJ

I just want to say thank you to everyone for all their advice that they gave me regarding my court case. It really is much appreciated.

I handed my defence in a few weeks ago and had the letter back from the court letting me know it had been received. Now I have had a letter direct from Lowell Solicitors with another form asking about mediation. Is the next step to now agree to mediation? I still haven't seen a copy of the CCA.

[nemesis45]

Re: Lowell CCJ

I just want to say thank you to everyone for all their advice that they gave me regarding my court case. It really is much appreciated.

I handed my defence in a few weeks ago and had the letter back from the court letting me know it had been received. Now I have had a letter direct from Lowell Solicitors with another form asking about mediation. Is the next step to now agree to mediation? I still haven't seen a copy of the CCA.

Hello Elle ,
Yes agree to mediation at this point, when this works it's way through the system you will be asked amongst other things to confirm that you have sufficient documents to be able to enter into mediation, if you have still not received the info then the mediation will not take place.

nem

[charitynjw]

Re: Lowell CCJ

The usual smoke & mirrors from Lowell Solicitors.
They know, or should know, that their failure in disclosing documentation means that, as things stand, court mediation cannot be carried out. Also, failure to comply with your CCA request means that they cannot enforce their claim unless/until they do comply.
The recent court letter acknowledging your defence normally advises that the Claimant has 28 days or so to respond.
That deadline will be fast approaching.

[Diana M]

Re: Lowell CCJ

Actually you can still have Mediation even if you haven't got the paperwork if you seriously want to settle a claim without going to court.

It's not everyone's cup of tea to fight on if they find the thought daunting. It has to be a personal choice, especially if there's a strong possibility the documents may turn up and the account was opened after April 2007.

Di

[elle7]

Re: Lowell CCJ

Thank you [MENTION=55034]nemesis45[/MENTION] I will respond to this tomorrow. It states on the mediation form, that I should respond by the date stated, but it I couldn't see a date anywhere! Unless I missed it, but I did have a couple of looks over it.

[elle7]

Re: Lowell CCJ

Hi [MENTION=5553]charitynjw[/MENTION], Yes the court letter did state they had 28 days to respond. So I thought that it meant any response, and Lowells mediation letter counts as a response. Is this correct or does it mean 28 days to respond with the CCA? Thanks.

- - - Updated - - -

Hi [MENTION=61310]diana[/MENTION]m

My account was opened up in April 2006. Does that change anything?

Thanks,

[nemesis45]

Re: Lowell CCJ

Thank you @nemesis45 I will respond to this tomorrow. It states on the mediation form, that I should respond by the date stated, but it I couldn't see a date anywhere! Unless I missed it, but I did have a couple of looks over it.

The mediation service not want to go forward with you disadvantage by not knowing what documents the claimant may rely on.

If you decide to make any offers of payment keep everything in writing and keep copies.

nem

[charitynjw]

Re: Lowell CCJ

Hi @charitynjw, Yes the court letter did state they had 28 days to respond. So I thought that it meant any response, and Lowells mediation letter counts as a response. Is this correct or does it mean 28 days to respond with the CCA? Thanks.

The Claimant is required to provide a response to your defence per the court instructions.
If they fail to do so, the case is normally stayed. (Put on indefinite hold)
You are not usually informed of this, so it's wise to contact the court a couple of days after the deadline to check the status of the claim.

[elle7]

Re: Lowell CCJ

The Claimant is required to provide a response to your defence per the court instructions.
If they fail to do so, the case is normally stayed. (Put on indefinite hold)
You are not usually informed of this, so it's wise to contact the court a couple of days after the deadline to check the status of the claim.

Ah ok, thank you.

[charitynjw]

Re: Lowell CCJ

My account was opened up in April 2006. Does that change anything?

It could make the Claimant's life far more difficult.

[elle7]

Re: Lowell CCJ

Hi All,

I hope everyone has been keeping well. An update on this claim. The courts have asked myself and Lowell to settle this between ourselves and Lowell have now sent me copies of the statements that I requested. I'm just wondering if anyone has any advice? I.e is this now a simple negotiation between myself and Lowell. Should I make or can I make a lower payment offer in full and final settlement? Just wanted to get some advice, before I go to Lowell directly.

Thank you.

[Arcadian]

Re: Lowell CCJ

Can you clarify exactly what the court said and in what format they communicated this?

If a letter can you post up a redacted copy?

Is the claim stayed or did the court strike it out?

Unless the court told you to do so, then I can't see why you'd have any obligation to negotiate anything with Lowell at this point.

[Diana M]

Re: Lowell CCJ

or did the court strike it out?

If the claim had been struck out then that would be the end of the matter (unless the Claimant makes an Application for relief from sanctions if the strike-out was for procedural reasons).

Once a claim has been struck out the court has no further power to order anything or even suggest Mediation.

Di

[Diana M]

Re: Lowell CCJ

The courts have asked myself and Lowell to settle this between ourselves and Lowell have now sent me copies of the statements that I requested. I'm just wondering if anyone has any advice? I.e is this now a simple negotiation between myself and Lowell. Should I make or can I make a lower payment offer in full and final settlement? Just wanted to get some advice, before I go to Lowell directly.

You filed your Defence in early November 2016 so I presume the claim was stayed in December if they didn't inform the court of their intention to proceed.

Or alternatively they decided to plough on and you were sent a Directions Questionnaire which gave you the opportunity to agree to Mediation.

If Mediation didn't take place (they sometimes mess up the dates) did the claim get transferred to your local County Court and have you received a Notice of Hearing including Directions where Mediation was advised?

You say Lowells have now sent you statements, what do they confirm/deny about the account in dispute? If you plan to negotiate it's always a good idea to have some ammunition up your sleeve for bargaining power purposes.

Also any negotiation you enter into must be on a 'Without Prejudice Save as to Costs' basis to protect yourself in the event the negotiation failing and you need to return to court.

It's not unknown for a Claimant to use an informal settlement as an admission of the debt and then send the details to the court which will result in a CCJ.

I would think that any settlement you reach must be on the basis that they Discontinue the claim because one missed payment could result in a CCJ if Lowells want to tie you to a Tomlin Order.

Or to put it another way, be very careful with the way you deal with this next step.

Di