**DISCONTINUED** Lowell portfolio /Bryan Carter V Rocky 1987

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi

So it's past the 28 days and they never replied to my defence does this mean that the claim has been stayed? What does this mean? Will it just stop now?

Regards
Ro.

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok Rocky,

You need to phone the court and check on the status
of the claim I suspect you are correct and it has been
stayed.

You must check again next week and keep checking,
if the stay is longer than 3-4 weeks you give the claimant
7 days notice that you are applying for the claim to be
struck out.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok I called the court today and they told me that nothing has been received yet and that it could take a few days for them to process anything that they do receive so i should call back in a couple of days for an update. If after a few weeks they have not responded to my defence and i apply for it to be struck out does that mean that it would be finished with. I cant wait for this to be over.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Still nothing when I called today.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi

I have received this letter in the post today which I do not understand. The front letter was the notice of proposed allocation to the small claims track. The second is a directions questionnaire (small claims track) and attached to this is a letter on mediation.

I have attached copies of these letters. Please can somebody help me understand these and what I need to do next.

Regards
Ro.

[Kati]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I have attached copies of these letters. Please can somebody help me understand these and what I need to do next

can you try again? or email them to me and I'll post them up - kati@legalbeagles.info x

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

attached now sorry

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi

I have received this letter in the post today which I do not understand. The front letter was the notice of proposed allocation to the small claims track. The second is a directions questionnaire (small claims track) and attached to this is a letter on mediation.

I have attached copies of these letters. Please can somebody help me understand these and what I need to do next.

Regards
Ro.

It's all standard stuff and just part of the process. Basically Lowell have replied to the court after receiving your defence saying they wish to proceed with the claim. The court has provisionally allocated it to the small claims track due to its value (most claims below £10k are allocated to small claims). You need to fill in and return the questionnaire as indicated, most of it should be fairly straightforward. There's no need to dispute allocation to small claims but on page 2 of the questionnaire you should enter the details of your local court and any dates when you expect not to be available to attend a hearing in the next six months. This is so that the hearing can be listed in the right place at a convenient time so it's important to fill in those boxes.

The courts encourage people to settle out of court to avoid lengthy disputes, hence the reference to mediation. It's a good idea to tick the box agreeing to mediation which is free and takes place over the phone. If your defence was based around not receiving documents as the majority of Lowell/Carter defences are, then you should be able to say that you were hoping to have the documents they would rely on to be able to assess your position, which you can't do as you haven't received them (if that's still the case at the time mediation is scheduled to take place). :thumb:

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi thanks for replying flaming parrot.

What will the mediation involve does this mean I would have the court mediate between me and Lowell and for us both to come to an agreement? As I don't really wish to pay for this debt as it is a very old debt that I didn't know existed. I am totally confused with this now. :-S

Cheers Ro.

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi thanks for replying flaming parrot.

What will the mediation involve does this mean I would have the court mediate between me and Lowell and for us both to come to an agreement? As I don't really wish to pay for this debt as it is a very old debt that I didn't know existed. I am totally confused with this now. :-S

Cheers Ro.

No, the mediation service is separate from the court and it takes place over the phone, not in court. You are not obliged to go through mediation, in most cases defences are based around lack of documents to be able to assess your position one way or another and the argument is that you still haven't received the documents when mediation takes place (if that is still the case) but you were hoping to have received them by then.

If, on the other hand, you are sure of your position even without the documents, for example, if you know this debt is SBd, then you don't need to go through mediation.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I am with you now. Thanks :-) I believe the debt is SBd and without the request of documents from lowell and bryan carter I cannot confirm if it is. I have nothing on my credit file, nothing in my bank statement from around that time period.

Where it says "Do you agree that the small claims track is the appropriate track for this case?" should I tick yes and then when I start mediation I can then mention that I believe the debt to be SBd and that lowell have not provided me with any information about the debt such as last payment etc.

Cheers
Ro.

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I am with you now. Thanks :-) I believe the debt is SBd and without the request of documents from lowell and bryan carter I cannot confirm if it is. I have nothing on my credit file, nothing in my bank statement from around that time period.

Where it says "Do you agree that the small claims track is the appropriate track for this case?" should I tick yes and then when I start mediation I can then mention that I believe the debt to be SBd and that lowell have not provided me with any information about the debt such as last payment etc.

Cheers
Ro.

Hello Rocky.

Yes small claims track is correct.

You should be aware that HMCTS mediators will decline to proceed if no documents have been
supplied to you. It's not case of you not wanting/wanting to go to mediation.

I would suggest a letter to Carter simply stating that you consider the alleged debt was statute barred
prior to the issue of the claim and " invite " him to refer to his client with that information and to suggest
they withdraw the claim.

nem

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

I am with you now. Thanks :-) I believe the debt is SBd and without the request of documents from lowell and bryan carter I cannot confirm if it is. I have nothing on my credit file, nothing in my bank statement from around that time period.

Presumably the documents you requested were a copy of the agreement, the default notice and notice of assignment, none of which would tell you whether the debt is SBd or not, unless you also sent a Part 18 request for further information asking for the last payment date. The default notice could give you an indication but not firm confirmation.

Where it says "Do you agree that the small claims track is the appropriate track for this case?" should I tick yes and then when I start mediation I can then mention that I believe the debt to be SBd and that lowell have not provided me with any information about the debt such as last payment etc.

Cheers
Ro.

Yes, there is no reason to dispute allocation to small claims track.

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Why not try the easy option a quick call to the original creditor to see
if they can confirm the date of last payment.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hello Rocky.

Yes small claims track is correct.

You should be aware that HMCTS mediators will decline to proceed if no documents have been
supplied to you. It's not case of you not wanting/wanting to go to mediation.

I would suggest a letter to Carter simply stating that you consider the alleged debt was statute barred
prior to the issue of the claim and " invite " him to refer to his client with that information and to suggest
they withdraw the claim.

nem

Hi Nem,

Please would you be able to write me a quick draft that I could send to Carter as I am not sure how to word it correctly.

As you say the mediators will decline to proceed if no documents have been supplied to me what should I do? Should I send this N810 directions questionnaire off still?

I basically need its spelling out in a dummy guide as I am totally unsure what to do.

I was even considering writing a letter to Lowell and just saying i will pay half of the alleged debt with my student loan in September just because I am worried that this may lead to a ccj and I am hoping to get a mortgage in the next few years once I finish uni and I don't want a ccj on file. But then I think why should I when this debt is so old and something that I really do not remember having.