** DISCONTINUED ** Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Still no response from Lowell either do I have to chase them up or leave it to the courts to ask if I have had my request for info complied with?

No, no need to chase. Now you've submitted your defence, the court will send the directions questionnaires and once they are returned, will give directions which include the disclosure of documents: https://www.justice.gov.uk/courts/pr...es/part27#27.4

(a) ‘standard directions’ means –

(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

Once again many thanks this site is a godsend as with a disabled partner life is tough enough x

(My other half has had this track started by the same pair of idiots so We are getting the two request letters ready to send x will start a new threads for that when needed x)

Yes, would be a good idea to set up new threads. :thumb:

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Hi,

Have just received this letter from the court with the Directions Questionnaire (Small Claims Track).

I see from others peoples threads that I should agree to Small Claims Mediation Service.
Do I just fill in parts A and B on the questionnaire and leave C & D blank.

I have still not had the requested information from either party, nothing at all from Lowells and the usual fobbing off letters from BC.
What next xx

Thanks x

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

What do they mean with the last sentence "You must by 10th July 2015 complete the SCDQ (Form N180) and file it with the court office (that I understand x) and serve copies on all other parties (This confuses me)

Will the court be doing the serving of copies or is that something that I have to do (sorry if I am being thick)

Thanks x

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Hi,

Have just received this letter from the court with the Directions Questionnaire (Small Claims Track).

I see from others peoples threads that I should agree to Small Claims Mediation Service.
Do I just fill in parts A and B on the questionnaire and leave C & D blank.

No. you have to tick 'Yes' on C - no reason to disagree as track allocation relates to the value of the claim. Provide details of your local court under D1 and dates you won't be available to attend a hearing under D4. For D2 the answer is no, and one for D3 (only yourself). No need for an interpreter (I assume).

I have still not had the requested information from either party, nothing at all from Lowells and the usual fobbing off letters from BC.
What next xx

Thanks x

Once you return the questionnaire as indicated, the court will give directions, including a date by which they have to disclose the documents they intend to rely on. :thumb:

What do they mean with the last sentence "You must by 10th July 2015 complete the SCDQ (Form N180) and file it with the court office (that I understand x) and serve copies on all other parties (This confuses me)

Will the court be doing the serving of copies or is that something that I have to do (sorry if I am being thick)

Thanks x

SCQQ = Small Claims Directions Questionnaire, i.e. the N180 form we've just been discussing. The only other party would be, of course, the lovely Mr Carter.

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

"You must by 10th July 2015 complete the SCDQ (Form N180) and file it with the court office and serve copies on all other parties"

It is the part of serving copies on Mr Carter that confuses me - do the court do that? as it reads as something that I have to send to BC.

Sorry to be a pain x

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Yes, send Mr Carter a copy. :thumb:

[skilganon]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

if the deadly duo have provided no documentation, then you could always tick the box to agree to mediation, however, clearly mark this part with an asterisk and write alongside it ' please see attached letter'

then file a letter with your DQ into court requesting the court order the claimant to file and serve documentation to prove their claim, so that you are able to consider mediation and save the courts valuable time, and further the overriding objective

it may or may not work, but you have nothing to lose and it costs nothing.

i have done this before 3 times and it has had mixed results ( depends on the fairness of the judge )

once when i did this the judge ordered them to produce

a) the original agreement
b) the deed of assignment

they didnt, game over :okay:

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Hi,
Had a phone call from the court mediation service at 9.15 am, he said as I could not discuss the matter with the full facts as I am still waiting for the paperwork from Lowell, so mediation could not continue at the moment. He would put it back to the court. Who would then prob pass it onto the local court. Then hopefully the local judge would put it out to mediation again, and we would be in the same boat of have I got all the relevant documentation.

He advised me that I should chase up the two again now. He also wished me luck with that and like us did not hold out much hope. He said BC and Lowell are notorious for buying up any debts and then hopefully getting something back by badgering people. I said that this would have been statute barred bar about 6 months and he said sound like their normal procedure.

He again wished me luck with dealing with BC and that was it.

I will be sending chase letters for them for the documentation as he suggested.

Now I suppose it is just a waiting game for BC and the courts next move x

[nemesis45]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Hi,
Had a phone call from the court mediation service at 9.15 am, he said as I could not discuss the matter with the full facts as I am still waiting for the paperwork from Lowell, so mediation could not continue at the moment. He would put it back to the court. Who would then prob pass it onto the local court. Then hopefully the local judge would put it out to mediation again, and we would be in the same boat of have I got all the relevant documentation.

He advised me that I should chase up the two again now. He also wished me luck with that and like us did not hold out much hope. He said BC and Lowell are notorious for buying up any debts and then hopefully getting something back by badgering people. I said that this would have been statute barred bar about 6 months and he said sound like their normal procedure.

He again wished me luck with dealing with BC and that was it.

I will be sending chase letters for them for the documentation as he suggested.

Now I suppose it is just a waiting game for BC and the courts next move x

It's good to see that the mediator is fully aware of the " attitude" of some claimants!
The simple fact is Lowell's core business is buying portfolios of delinquent accounts
and attempting to make a profit on them, it is the manner in which they attempt collection
that makes them " notorious ".

The court will be in touch as soon as possible, but there are considerable delays
within the system so don't be surprised if it takes a while.

nem

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

I am in no hurry lol xx

[skilganon]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

did you file a letter along with your DQ ?

it sounds like mediation are on your side, if you did then then you will have a better chance of a judge ordering them to produce documents ?

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

No I didn't skilganon, had a major issue this end and it went right out of my head.

Mediation did seem to be a great guy, really helpful and explained the whole system etc to me.

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Hi again,
Well I have finally received a letter from the court and it has been allocated to a local court and they suggest mediation.
I have sent them an email to confirm that I would like to mediate.
I have still had no replies or paperwork from either party.
Will this mediation call go like the other one where they will ask if I have all the paperwork that I need?

Can I have some help on what to expect next.
Once again many thanks x

Please let me know if you can read the files x

[FlamingParrot]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

Hi again,
Well I have finally received a letter from the court and it has been allocated to a local court and they suggest mediation.
I have sent them an email to confirm that I would like to mediate.
I have still had no replies or paperwork from either party.
Will this mediation call go like the other one where they will ask if I have all the paperwork that I need?

If you've still got no paperwork then your position hasn't changed since the last call so there's nothing further you could add or discuss.

Can I have some help on what to expect next.
Once again many thanks x

Please let me know if you can read the files x

Not easily, they are rather blurred but I can only just make out a mention of documents be sent to the other party at least 14 days before the hearing :grin: and something about original documents having to be brought to the hearing, :whoo: which is all as expected. If they can't get their hands on them, we may be looking at yet another discontinuance from the Losers in Leeds. ray: ray: ray:

[LittleB]

Re: Court Claim - LOWELL PORTFOLIO I LTD / HSBOS - 21-4-2015

This may be a bit clearer, my files are always too big to upload and I do not know how to manually alter the dimensions lol x

But he does say -

6) Each party must deliver to the other party and to the court offices copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

7) The original documents must be brought to the hearing.

So here is fingers crossed xx