BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Hi Di, I received the DQ which has to be filed by Tuesday the 20th, also a copy of the claimants DQ that they have filed already, stating that they will accept the mediation service.

I have copied the terms and conditions which I'm attaching here for your perusal and also I have found a discrepancy in the information originally supplied to the court and referenced on all communications with the claim and letters from BW (they have the issued the claim stating that the original account number is as they've stated, however, the number is incorrect by 1 digit, will this have any relevance to my defence, i'e. I can not acknowledge that account number as it is wrong) Please see documents supplied.

I have to post the DQ back to the courts and BW (Copy) tomorrow to ensure that I meet the deadline, your comments would be greatly appreciated.

Kind regards
David N

Original T's and C's 3pages.pdfAmended T's and C's 2 pages.pdfClaim from BW Legal.pdf

[charitynjw]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Hi DavidN

I'll give [MENTION=87380]Diana M[/MENTION] a nudge for you.

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Any guidance would be greatly appreciated please.

[warwick65]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

DQ's are pretty basic.

You will tick agree to mediation and also include any dates you know of where you will not be available. You do not need to justify why. When my DQ was completed I blanked out a 4 week period because I knew I had an exam on a day in that period but didn't know when , I also included a weeks holiday although just the dates were given not the reason.

After the DQ it will likely go to mediation and if not settled there be allocated to your local court . At some point you will need to file a witness statement but that is when the details need going through

[warwick65]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

You might be able to argue that the wrong number is important but I suspect a judge would claim the was not really relevant and just a typo . I am not saying I agree with that , just what I think a judge would say. After all, for a judge the sum is chicken feed and while some judges are aware of what the real world is like for real people, some are not.

I think if the numbers were substantially different there may be a better argument.

Have you had your SAR back from Capital One yet? Did it include statements?

If not I would write back and say you require copies of all statements , an example I saw recently showed at some point the account number had been changed completely , not sure why, that may be very relevant

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Hi warwick65, thank you for your response.

I have the SAR from Capital One (Europe) Ltd and yes it does include the statements of the account.

I still have had no paperwork from either BW Legal or Lowell as requested.

My concern is that to accept mediation may hamper my claim that the account number referred to is actually not my account number and therefore the information that BW Legal or Lowell have is incorrect. If this is the case I would expect this to work in my favour during a hearing as opposed to trying to achieve an out of court settlement via mediation. To raise this point during mediation would in fact highlight the issue to BW Legal and potentially weaken my argument regarding the lack of correct information held by the claimant.

I am quickly running out of time to consider this issue as I need to post my DQ at the latest tomorrow.

Kind regards
DavidN

[MIKE770]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

mediation will ask have you the necessary paperwork to continue the case, you say no if still not received the info from them, then they will state unsuitable for mediation and pass back to the courts, in most cases show willing to mediation as it is expected to show that unecessary court time may not be wasted, no paperwork then that is it no mediation can take place and they will as stated.

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Thanks MIKE770, I will, in that case, tick that I agree to mediation and take it from there.

Kind regards
DavidN

[warwick65]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

there is no harm in agreeing to mediation on the DQ and all mediation is confidential and will not be used in court.

I know it is 1 digit out and while I agree with you technically , it is quite possible the judge will just tell them to go away and amend their claim . Judges , I think, look on us as DDD - Dirty Debt Dodgers rather than people who are standing up for their rights

I am on your side BTW , I would personally like to see all debt purchasers out of business as I think it is a reprehensible way to make money
[MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=7765]Joanna C[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION]

What are your thoughts on a one digit difference

[charitynjw]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

there is no harm in agreeing to mediation on the DQ and all mediation is confidential and will not be used in court.

I know it is 1 digit out and while I agree with you technically , it is quite possible the judge will just tell them to go away and amend their claim . Judges , I think, look on us as DDD - Dirty Debt Dodgers rather than people who are standing up for their rights

I am on your side BTW , I would personally like to see all debt purchasers out of business as I think it is a reprehensible way to make money
@Diana M @pt2537 @Joanna C @Amethyst @charitynjw

What are your thoughts on a one digit difference

My thought would be, has it prejudiced the Defendant, & if so how (Was it significant).
For instance, if it prevented the defendant from obtaining data via a SAR.
But as you imply, you're in the lap of the gods......well, the judge, anyway!

[Diana M]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

I am quickly running out of time to consider this issue as I need to post my DQ at the latest tomorrow.
Kind regards
DavidN

Thank you for your PM.

This forum's site rules prevent me from replying by PM.

Nevertheless I wish you well with your claim

Di

[pt2537]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Hi warwick65, thank you for your response.

I have the SAR from Capital One (Europe) Ltd and yes it does include the statements of the account.

I still have had no paperwork from either BW Legal or Lowell as requested.

My concern is that to accept mediation may hamper my claim that the account number referred to is actually not my account number and therefore the information that BW Legal or Lowell have is incorrect. If this is the case I would expect this to work in my favour during a hearing as opposed to trying to achieve an out of court settlement via mediation. To raise this point during mediation would in fact highlight the issue to BW Legal and potentially weaken my argument regarding the lack of correct information held by the claimant.

I am quickly running out of time to consider this issue as I need to post my DQ at the latest tomorrow.

Kind regards
DavidN

Hi

Sorry ive been away for a few days as my son had an operation last week.

The question of mediation often causes confusion, anything that is said in mediation is without prejudice, it cannot be used against you and should not be seen as a sign of weakness.

Mediation is a chance to explore whether there is a commercially viable settlement that can be achieved between the parties, afterall, if a deal can be done whereby you remove the risk of adverse costs and walk away with favourable terms then mediation may be worth exploring.

Also, an unreasonable refusal to mediate can leave you with cost sanctions being imposed on you see PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 http://www.bailii.org/ew/cases/EWCA/Civ/2013/1288.html


Im hoping you got the DQ off ok, but if you do need any further assistance holler and someone will pop along

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Thank you pt, your response is much appreciated. I did get the DQ to the court by the 20th of June okay, and BW Legal got theirs in on the 21st, the day after the deadline. I'm waiting for the mediation service to contact me to make an appointment and I still haven't heard a word from Lowells or BW Legal with any paperwork.
If I haven't got the paperwork by the time of the mediation meeting, all I can do is say I have no paperwork to work with and therefore am unable to form a suitable defence. What else can I do?

[warwick65]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

If nothing is forthcoming you could make a very low offer in the hope they accept and it all goes away.


I mean 5 to 10% from your strong hand of no paperwork but that might be the end of it. On the other hand you could say you can't mediation because they havent produced and see what happens. Theoretically you could apply to forget them to produce but unless you get fee religion that costs £255 which is a lot of money gor a relativrly small debt.

Its about what is best for you

[Diana M]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

As the disputed sum in this claim is £754 you have no need to be concerned over any cost sanctions against you if you don't agree to Mediation.

This case is in the Small Claims Track where I doubt any request for 'unreasonable' costs would be entertained by a DJ who wouldn't know why Mediation failed or which party caused the failure.

In fact the boot could be on the other foot if the court decided that the Claimant had proceeded to court without producing the documentation needed.

Make up your own mind how you want to handle the situation, and if you choose Mediation then use it as an opportunity to bargain hard if no paperwork has been forthcoming. You have an hour to negotiate so no need to go in on the defensive

Di