Court Claim - defence submitted recieved Directions questionaire

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Brilliant Thank you for this. Is this something that I can introduce in mediation?

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Hi
If you settle during mediation there is no ccj however if you set up an arrangement to pay and you are even 1 day late they can apply for a summary judgement. I believe @Diana M therefore recommends making the initial payment double so you are always a month ahead.

I appreciate how difficult it is with your ex having made the application without your knowledge

I really don't want to tell you what to do, just give you some options

Even if you don't agree at mediation, and you were to lose in court, providing the full balance was paid within 28 days no ccj would be recorded

There are a few options for you

Hopefully by the time of mediation you could use their non compliance as a big stick

Its a gamble I suppose , or a calculated risk so i am not the person to offer advice on that - its also not my money or my credit file

Thanks Warwick for you advice and guidance.

I may go ahead fro mediation and see where it goes. Is there any dos and donts on the forum as guidance for mediation?

Many thanks

Audiocash

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

My understanding is that a mediator talks to one party then another and back and forth. It is all very informal

As it is a negotiation , never start with your final offer but maybe set out your stall to start with.

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Good Evening all, I spoke with the mediation team today saying I wanted to go ahead even though they had not supplied all of the documents I had received and something very interesting happened the member of the team talked very poorly about Lowell providing paperwork and it seemed as he has encounters with them all the time!!

He said it will be transferred to my local court and its very likely that mediation will be requested again and it could be that the local judge will throw this out as they are known for not complying with requests for documentation! No response to my CCA request so I have sent it again today!

Hopefully their non compliance will get this dismissed or they will discontinue

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi
can you prove you sent the first cca to Lowell and they received it?

if so, I do wonder why you have sent it again although being the worrier I am I do get it.

One cca request that you can prove was delivered is quite enough and certainly, in general, it is not a good idea to poke the sleeping giant.

Remember, Lowell, like many a debt purchaser is arrogant and believe they can win because they are who they are.

If if you read a post by [MENTION=7765]Joanna C[/MENTION] she whipped Lowells backside last Friday with sound legal arguments but who knows what the outcome would have been if a LiP had gone in with a poorer grasp of the law.

I doubt, under the circumstances you have caused any harm by sending a second cca request

A friend of of mine once told me, when you decide on an action, always sleep on it and look at it in the cold light of day. I have to say, looking back, the letters I have sent and later regretted , some which may have extended the limitations on a debt are frightening.

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi Warwick,

No can't prove the first CCA as I have miss placed the tracking! I will check out Joanna C post.

In regards to my previous post about another claim I defended on my updated Credit report today this has no dropped off the report!

Will wait to see if anything comes from Lowell . On all of my correspondence I am careful to ensure the language does not extend the limitations of the debt.

Thank you once again for your help

Regards

Audiocash

[Diana M]

Re: Court Claim - defence submitted recieved Directions questionaire

I will check out Joanna C post.

Here it is

This was a small consumer credit claim of around £2,000 which the Claimant persisted in taking to trial possibly hoping our client would not have representation on the day in court for such a small sum. I decided to represent my client at the trial. The claimant was represented by counsel.After heavily contested legal argument the District Judge dismissed the claim describing it as being hopeless from the start. He made an order that the claimant pay our clients costs, even though it was on the small claims track, due to Lowell's unreasonable conduct in bringing the claim. The amount of costs awarded were almost as much as Lowell's had tried to sue for.

Di

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

That sounds good and covering all the bases.
Dont lose your tracking, print off the pod when you get one and keep the receipt.

I have my browser to auto save so I can usually auto fill tracking numbers if necessary, but that is chrome and no one else uses my computer so nothing to hide 😃

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Evening all, Just a quick update still no response received from Lowell in regards to my CCA it was received on the 5/8 the signature didn't match the name on the proof of posting and a smiley face was placed next to the signature! Glad they take these things seriously!!

Ive checked MOCL today and the case has been transferred to my local court now! just awaiting next steps!

Is is worth sending an N244 form to the court? for an unless order?

many thanks Audiocash

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Good Morning Legal Beagles,

On Saturday I received a letter for Northampton to state that the mediation team had transferred the case to my local court and district judge to review and advise on next steps.

My question is.

I sent a CCA request at the end of July and not had a response from the claimant yet. The 12+2 passed last Monday. Is it worth me sending copies of the this to the court also my Pre action request and CPR 18 request that has been ignored. Will this benefit my case if this information is sent in to state I have requested all of the documentation and to this date it has not been provided and the claimant has been given enough opportunity to do this!

I know the clock stops on a debt going statue barred however this debt would have reached its 6 year limit on 10/8/2017!

Any help or guidance you can give me would be gratefully received.

Many thanks

Audiocash

[Amethyst]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi there,

As you rightly say the clock stopped on 16th May 2017 when the claim was issued, so unless/until the claim is discontinued/withdrawn, it isn't statute barred.

The court has your defence, when your local court sets a date for the hearing it will also ask for a WItness Statement and evidence of your case. This is where you will attach copies of the letters (CCA, CPR and pre-action) and send them to the court.

Sharon
xx

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Brilliant Thank you Sharon. Thought this maybe the case! just wasn't sure if it was something I could do before. On the last claim I defended I sent in a Unless order paid £100 and then a order was made to provide docs within 7 days or its struck out which is what happened.

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Good Evening Legal Beagles,

Today I received a response to my CCA request with a reconstituted credit agreement and a statement from Shop direct.

Can I ask for you to look over these for me and see if there is anything I can use in my defence.

I noted that Lowell stated their client wish to resolve the matter and would consider any payment or settlement proposal that I wish to make

I can upload the statement from Shop direct if this helps as well. I noted from the statement that it has a note of default as of 11/8/2011

last payment made to the account was 03/1/2011

Thank you for you help and guidance as always

Regards

Audio cash

[Amethyst]

Re: Court Claim - defence submitted recieved Directions questionaire

Brilliant Thank you Sharon. Thought this maybe the case! just wasn't sure if it was something I could do before. On the last claim I defended I sent in a Unless order paid £100 and then a order was made to provide docs within 7 days or its struck out which is what happened.

You can do the same, but it's gone up to (ouch) £255 now !

But might be a moot point now, just having a look at the docs you've posted xx

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi
twoo things I don't see
1) No statement of account although maybe you just didn't post it. It only needs to be a balance
2) No defaulted terms and conditions but maybe the T&Cs did not change between opening in 2010 and default a year later

Not fully read back, did you ask for the DN, have they sent it? Not even sure if it was in the POC but still relevant

[Amethyst]

Re: Court Claim - defence submitted recieved Directions questionaire

Well this does, unsuprisingly as it's from 2010, look compliant. Have they supplied updated terms ( although as it was less than a year before opening and defaulting I'd expect the terms to have still been the same)

Have they responded to your Part 18 request for copies of DN and NoA ? I see you requested those preaction too? Your defence does mention the DN and NoA but not refer to the Consumer Credit Act in relation to them.

TBH at £571 you might be as well asking for a settlement figure, unless you're in a position to pay it off within a month if it did go to a judgment, and want to hang fire see if they go ahead with a hearing on the off chance they don't....

You MIGHT still have an argument on statute barring if that evidence they have sent you shows last payment was January 2011, as the claim was brought in May 2017. The terms don't give a specific time limit but do say that they may, if you miss a payment by the due date, subject to statutory period - sooooo you missed February's payment - they had the right under the agreement to immediately call in the debt and issue a default notice, so you COULD argue end of March... but it's tight. AND you haven't got it in your defence at all ( which is weird as you'd sent a stat barred letter before the claim was issued I think ) - unless I've missed something - it will mean amending your defence ( so asking for consent then making an application )

You also have the issue that the account was opened by your Ex - but I don't think you wanted to go down that path, or you would have done before now, and it isn't a straightforward defence ( he said / she said / permission / compliance / not having done anything etc )

So, see what anyone else reckons as to how to play it from here, I'm just talking from a common sense/bigger picture perspective really xxx