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Hi,
I hope you can help me with this!
Lowell first came on the scene back in early 2014 regarding an alleged debt of around £2000. Straight away I sent a request for the CCA, default notice, notice of assignment, deed of assignment and a full statement of the account, as I did not and still don't recognise this debt.
Lowell responded with a CCA, which doesn't have my signature on it, but rather it's just my name typed on it. The CCA also had my address on it. They did not send the default notice,which I have never seen whatsoever, claiming that they don't need to send it, the notice of assignment, deed of assignment - contains commercially sensitive information apparently, or the full statement - just a screenshot of the alleged account.
Fast forward to now and a lot of back and forth between Lowell and I, Cohen Cramer came on the scene threatening court and with a letter before action, so off I sent the appropriate CPR requests. Cohen Cramer responded with the same CCA as before and claimed to include all the other information I had requested (see above) including the elusive default notice! However, there was no default notice included in their response, despite the covering letter claiming to do so. Instead, what was included was a screenshot of an MS-DOS-looking database that said "Default notice sent" on such a date.
I defended the claim on their complete lack of evidence and refusal to supply what I had asked for the in CPR. I did tick the mediation box on the provision that they can supply the legally required documents before that time. This seemed to go over the heads of the people at Northampton and an appointment was made for mediation.
I was called by mediation and it went straight to "Lowell say that your defence is not a defence and won't be successful in court. Can I ask how much you're willing to pay them per month?" I stopped her right there and pointed out that mediation is meant to resolve a dispute between the 2 parties, no for immediately going to offers of payment, to which she backed down. I explained that unless Lowell can prove that they can legally chase me for the debt and also prove the debt is mine, then I cannot offer any payments. The mediator exploded, "Why did you go ahead with the mediation then!? There are hundreds of people who could have had this appointment and offered payment!" I calmly explained to her again that mediation is not just about offering payment but to resolve disputes, which is also what is written in the court mediation information. She backed down again and she said she would ask Lowell if they have the necessary legal paperwork.
A few minutes later, she called me again and said that Lowell do not have the information I requested in the CPR, however "on the law of probability" Lowell are confident they can win with a screenshot of a database. I said that due to Lowell admitting that they do not have the necessary documentation, then I will be leaving the mediation. I found her very unprofessional and biased to be honest. Also, I quite fancy asking Lowell who is their in-house judge that deemed my defence not a defence and what his or her qualifications are.
Question is now, what happens next and what do I need to do if anything?
I hope you can help me with this!
Lowell first came on the scene back in early 2014 regarding an alleged debt of around £2000. Straight away I sent a request for the CCA, default notice, notice of assignment, deed of assignment and a full statement of the account, as I did not and still don't recognise this debt.
Lowell responded with a CCA, which doesn't have my signature on it, but rather it's just my name typed on it. The CCA also had my address on it. They did not send the default notice,which I have never seen whatsoever, claiming that they don't need to send it, the notice of assignment, deed of assignment - contains commercially sensitive information apparently, or the full statement - just a screenshot of the alleged account.
Fast forward to now and a lot of back and forth between Lowell and I, Cohen Cramer came on the scene threatening court and with a letter before action, so off I sent the appropriate CPR requests. Cohen Cramer responded with the same CCA as before and claimed to include all the other information I had requested (see above) including the elusive default notice! However, there was no default notice included in their response, despite the covering letter claiming to do so. Instead, what was included was a screenshot of an MS-DOS-looking database that said "Default notice sent" on such a date.
I defended the claim on their complete lack of evidence and refusal to supply what I had asked for the in CPR. I did tick the mediation box on the provision that they can supply the legally required documents before that time. This seemed to go over the heads of the people at Northampton and an appointment was made for mediation.
I was called by mediation and it went straight to "Lowell say that your defence is not a defence and won't be successful in court. Can I ask how much you're willing to pay them per month?" I stopped her right there and pointed out that mediation is meant to resolve a dispute between the 2 parties, no for immediately going to offers of payment, to which she backed down. I explained that unless Lowell can prove that they can legally chase me for the debt and also prove the debt is mine, then I cannot offer any payments. The mediator exploded, "Why did you go ahead with the mediation then!? There are hundreds of people who could have had this appointment and offered payment!" I calmly explained to her again that mediation is not just about offering payment but to resolve disputes, which is also what is written in the court mediation information. She backed down again and she said she would ask Lowell if they have the necessary legal paperwork.
A few minutes later, she called me again and said that Lowell do not have the information I requested in the CPR, however "on the law of probability" Lowell are confident they can win with a screenshot of a database. I said that due to Lowell admitting that they do not have the necessary documentation, then I will be leaving the mediation. I found her very unprofessional and biased to be honest. Also, I quite fancy asking Lowell who is their in-house judge that deemed my defence not a defence and what his or her qualifications are.
Question is now, what happens next and what do I need to do if anything?
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