Court Claim - defence submitted recieved Directions questionaire

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Evening Guys,

Sorry it has been a little quiet on this thread. Thanks for all of your help so far. Today I received a directions questionnaire from Lowell that they have lodged with the court. it was transferred to my local court on the 15/08/2017 no further contact from the court had been received.

The letter from Lowell states I will receive a copy of the same from the court to return, They have selected mediation again however have still not provided all of the documents I requested at the beginning. In my pre action and CPR 18

Still no proof of the following

1. Copy of the default notice from the original owners
2. Legal assignment of the agreement or deed of assignment or the deed of Tripartite Novation
3. Copy of how I was served with the alleged legal assignment
4. A Copy of the alleged Notice of assignment sent to me by the original creditor to the defendant and again how this was served upon me.

And failed again on the CPR18 request

I can accept mediation again however the call will go the same as last time that they have not supplied all of the documentation as requested

Thanks for your help and guidance as always

Audiocash

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi Audiocash

Without reading back i can not tell

Did you send a CCA request to the claimant at the start along with the £1 fee?

IF NOT SEND ONE NOW

I think you used the CPR18 request in place of a CPR 31.14 request. A part 18 request is for specific info and not documents so if you were questioned on it in court, their non compliance may be seen as irrelevant . In any event i believe both 31.14 and part 18 request are not valid ONCE it has been allocated to the small claims track. IMO the 31.14 request would be for the NOA but the part 18 request would be how was this served, to what address and on what date type of thing

This will be where a carefully crafted WS is vital- as long as you put it in the defence you then expand on it in your WS. If you have asked for the deed of assignment, quote the case law which says why it is relevant ( Denning M.R.) - I even know what MR stands for and how he was not the Grand Fromage but the almost. You would also say that no DN was received, you asked for one and why this is important etc etc

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi Warwick,

I sent off for the CCA request with the £1 fee and received a copy of the agreement and a statement with the date of default to 10th Aug 2011 and assignment to Lowell on the 11th Aug 2011

Thanks for the advise on the witness statement I will use you r advise on this

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi all, Recieved this from Court today. Am I right in understanding that Lowell have been told to pay a fee and provide all the documents requested in the CPR rules or it will be struck out? Kind regards Arron

[Amethyst]

Re: Court Claim - defence submitted recieved Directions questionaire

Yes it's giving you a hearing date ( 13th Nov ) and telling the claimant to pay £80 hearing fee by 4pm 16th October.

On the next page is there instruction on exchanging witness statements ?

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Ok Thank you Amethyst.

i have attached the back page.

few questions

is it likely they will pay the fee?

Can I get help with my witness statement please?

As the Judge has stated CPR rules to be followed as they have not supplied some of these documents would I need add this into my witness state! They to date have not supplied NOA or Notice I’d Default from the original lender etc

Are was they likely to attend the court in Plymouth?

If I lose what are the likely costs etc?

Is is it worth making an offer of settlement?

Sorry for all he questions starting to Panic alittle

Thank you for your help

Audiocash

[Amethyst]

Re: Court Claim - defence submitted recieved Directions questionaire

Okay so Witness Statements and documents needs to be done and with the other side and the court by 4pm 10th Nov.

Yes you will include lack of docs into your Witness Statement.

I'll have a read back see where you are at docs wise.

[Amethyst]

Re: Court Claim - defence submitted recieved Directions questionaire

Okay just some thoughts really - it's actually quite a low amount claim £571 so if you wanted to try a settlement now, before they have to pay hearing fee and produce witness statements you might get a decent deal. Depends how good you are at negotiating really - possibly 70% f&f in a lump sum, or a monthly installment for the full amount under a consent order ( so you pay say £50 a month and the case remains on hold in the court system as long as you make the payments - if you miss a payment they can get judgment against you - but otherwise you're paying without a CCJ ) You could wait and see if they do p[ay the hearing fee, and do your witness statement and see if they do theirs, but really the more work they have to do the less likely they are to accept a settlement offer. (If you did discuss settlement with them then ensure your conversation is without prejudice and confirmed in writing (email) )

There are flaws with the case and you did at one point seem to have an argument on statute barring but it's close and default date ( AUG) has been taken before as the cause of action, rather than last payment (JAN) (claim issued MAY), so it's not a strong defence by any means( and you left it out of your actual defence so it would mean an amendment to put it in = ££ ) As a low value case, you're a litigant in person and as they have provided a decent attempt at the credit agreement they may well get through a hearing. There may be some technical arguments on them not having provided the default notice and notice of assignment. I think you said you didn't want to do anything about the account having been opened by your ex without your permission.

In any case here are some example witness statements for you to have a mooch over so you know what you're doing, more or less, to get started on that bit. >> http://legalbeagles.info/forums/show...ness-Statement


Other's might have stronger/different views to me - I can be a bit of a lightweight. Of course if you could pay the full whack (claim plus the hearing fee and probably allow for another £100 or so possible costs) within 28 days if you went through hearing and lost you could hedge your bets and stick with it. Only way costs would go up from that would be if they argued you had been unreasonable in taking the case into court.

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Thank you Amethyst,

Im really worried about this I can afford to pay it if it comes to it! I also have a Family court first hearing on the 10th November aswell. I’m not sure if it is worth like you said saving time and stress and make an offer to them of settlement.

Is is there any links on the forum for emailing to a sols to make an offer as I’m not sure I can handle this plus the Family court and would like to not get a CCJ as my credit report it starting to improve and this could put a mark against it the last letter from the Sol did state there were willing to consider any offer of settlement outside of court

regards

Audiocash

[MIKE770]

Re: Court Claim - defence submitted recieved Directions questionaire

Telephone	0113 335 3334*
Email	help@lowellsolicitors.co.uk

[Diana M]

Re: Court Claim - defence submitted recieved Directions questionaire

Post # 48

What happened about the option for Mediation?

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 . . . .

He said it will be transferred to my local court and its very likely that mediation will be requested again

Di

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Post # 48

What happened about the option for Mediation?



Di

Hi Di,

The most recent Direction recieved from Lowell was stating they want mediation. Then recieved the letter above today from the court.

Im really stuck now with this and with this hearing now 3 days after my Family court first hearing I’m not sure I can handle both!

I cant prove that my ex opened the account! The payments made of the statement supplied do not match any of my bank statements from this time!

I feel like I need to close this and would like to avoid a CCJ if I can and if this needs to be through a f&f settlement. I’m prepared to do this just need some help If somebody can to get best deal out of it?

Thank you for you help

regards

Audiocash

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi all,

This is an example of my full and final offer to be made. Is there anything else to add or remove that you feel is needed I will email this over tonight to there email contact. I have a letter from them on the 26th September stating their client is keen to resolve the matter and will consider any payment or settlement proposal I wish to make

Thanks as Always

Audicash

Without Prejudice


Dear Sirs

Ref: Lowell Portfolio 1 ltd vs Audiocash Claim reference xxxxxxxx

I refer to the above claim made by you against me. I am unable to pay off the debt in full. However I am in a position to make and ex-gratia payment in full and final settlement of this debt.

In an attempt to settle this dispute. I make the following offer:

• One lump sum of £150.00 in full and final settlement of your claim

This offer is being made on the basis that, if accepted, neither you or any associate company with take any further action or enforce to pursue this debt in anyway whatsoever and that I will be released from any liability.

I can make the payment within 1 week of receiving your written acceptance and agreement of this offer.

I look forward to hearing from you soon.

Yours Sincerely

Audiocash

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi all,

This is an example of my full and final offer to be made. Is there anything else to add or remove that you feel is needed I will email this over tonight to there email contact. I have a letter from them on the 26th September stating their client is keen to resolve the matter and will consider any payment or settlement proposal I wish to make

Thanks as Always

Audicash

Without Prejudice


Dear Sirs

Ref: Lowell Portfolio 1 ltd vs Audiocash Claim reference xxxxxxxx

I refer to the above claim made by you against me. I am unable to pay off the debt in full. However I am in a position to make and ex-gratia payment in full and final settlement of this debt.

In an attempt to settle this dispute. I make the following offer:

• One lump sum of £150.00 in full and final settlement of your claim

This offer is being made on the basis that, if accepted, neither you or any associate company with take any further action or enforce to pursue this debt in anyway whatsoever and that I will be released from any liability.

I can make the payment within 1 week of receiving your written acceptance and agreement of this offer.

I look forward to hearing from you soon.

Yours Sincerely

Audiocash

[MENTION=98117]warwick65[/MENTION] [MENTION=6]Amethyst[/MENTION]

Do you think this letter is of any good to send to Lowell to try and settle outside of court

Thanks for help

Audiocash

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Good morning Di,

Thank your help on my previous post do you feel my email to Lowell for settlemt is any good or requires some tweaking thank for you help would like to get something off this morning to them if possible

regards Audiocash