!! Won !! Notice of impending Legal Action: 5 year old Catologue Debt

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hiya xxx

Yes it's just a matter of waiting for the court to catch up xxx

Hiya Amethyst,xXx
(I'm sorry, this post is long, I've tried to add as much relevant info as I could.


:help:GUIDANCE NEEDED please !! ( also TIME - SENSITIVE) :help:

Yes , they are now up to speed again now.
I phoned the Court on Monday and received a 'Notice of Allocation to the Small Claims Track' through the post a day later. It states my 'Hearing' will take place on 4th November at the County Court (very little time to prepare !)

Firstly;

It says in the 'Hearing' Notice, 'Having considered the papers in your case, the court believes that your case is suitable for mediation' ( ?? )

This is a little confusing as I ticked the 'yes to mediation' box on the N180 I sent off a while back, but was turned down for this option as not suitable. Specifically, when mediation responded they asked me if I had received all paperwork I had asked for and I had to say 'no', as even though Lowell's provided (an 'incomplete'-you said) Credit Agreement, they had not managed to produce the requested Notice of Assignment.
Mediation replied to this by saying, if all requested paperwork had not been presented for inspection then mediation was not suitable. So we moved on to a Court date and that was the end of that.
Now mediation is being mentioned again, I'm wondering , if this is just the 'default' printout?

Your appraisal of my situation would be very gratefully received

I am worried.
It looks like Lowell's aren't going to pull out and I'm going to end up in Court. I admit I don't feel great about it. I am trying to appraise my situation and the best thing to do?
Whether to go to court, or try again for mediation if it looks like I am on dodgy ground with little to gain going to court as things stand.. ? ?

I would appreciate help to prepare and what to expect? (if that's possible?)

The two main things I can think of in my favor are:

1) The Credit Agreement they sent in response to my request was (as you said) incomplete.

2) The Notice of Assignment I requested wasn't provided for inspection.

I'm afraid there isn't really a lot I can say extra in my defence, if they are satisfied the slightly wonky credit agreement proves the debt. All I can add to the above is that my situation at the time was that I was overwhelmed with disability & health issues. I was struggling with finances as well as other things as a result. My memory of that time is not great.

If my chances are rather poor in Court
should I look at damage limitation and try to go through mediation?

If on balance you think I'm better off going to court ..
(I'm going in without representation - should I correct that?

If I need to go to Court and play it out, I could use help with my Witness Statement or what to expect at court.,
I would be very grateful if you could check through my defence (you have a copy & its posted on this thread).
Help in these areas would be greatly appreciated:



Tell me what you think?

yours confused ( is it worth risking a CCJ ?)

bean xXx:deadhorse:

Just to make it more stressful it says 'Each party must deliver to the other party and to the court office copies of all documents on which the party intends to rely at the hearingno less than 14 days before the hearing' , that's by Friday the 21st October .. just over a week away!

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

very interesting. Thanks nem for your info and quick reply. I will ring the County Court on Monday to see if they know what is happening.

bean x

[nemesis45]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Yes to WS Bean.

Stayed ( suspended by the court) ii so the claimant has to pay a fee to lift the stay, this is very open ended unfortunately and the claimant can pay the at anytime. If a stay is prolonged it is open for a claimant to apply for a claim to be struck out.

nem

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Thanks nem,

I will check with York CC on Monday.

If its not been stayed or discontinued, am I right in thinking I have to give a witness statement before going into court?

ALSO:

If it is stayed what does that amount to?
If the claimant hasn't responded to the court aren't they obligated to remain within time limits?

Sorry for the questions, any info would be most welcome!

bean x

[Amethyst]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hiya xxx

Yes it's just a matter of waiting for the court to catch up xxx

[nemesis45]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi Amethyst (don't know if you're about, hope so),

AN UPDATE COURT CLAIM



Two weeks ago I received a 'Notice of Transfer of Proceedings' saying that my case is being transferred to County Court at York (386) (this is fine, it is what I asked for and the nearest Court to me).

Since then I have heard nothing.

I was wondering what happens next? (what is the process I have to go through between here and court please?)

Lastly: Do you think there is still chance they will discontinue?

Hello Bean,

There is somewhat of a backlog in the system at present, it maybe worth checking with York CC on Monday.

It's possible that the claim may discontinued not predictable or the claim could be stayed if the claimant has not responded to the court.

nem

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi Amethyst (don't know if you're about, hope so),

AN UPDATE COURT CLAIM



Two weeks ago I received a 'Notice of Transfer of Proceedings' saying that my case is being transferred to County Court at York (386) (this is fine, it is what I asked for and the nearest Court to me).

Since then I have heard nothing.

I was wondering what happens next? (what is the process I have to go through between here and court please?)

Lastly: Do you think there is still chance they will discontinue?


Many thanks in advance
bean x

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi all,

I just phoned Mediation.
In one of their questions they asked if I was satisfied I had received all paperwork from Lowell Portfolio 1 Ltd? I replied that I was still awaiting documentation (The notice of assignment).
It was explained to me that mediation will not be possible if I am still awaiting paperwork from Lowell.
I assume this will now be referred back to the Court ..

Does anyone know how long this will take & is there anything else I can be doing?

thank you everyone
humanbean x

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi all,

UPDATE & 2 QUESTIONS: Any Feedback appreciated

UPDATE:
I received an email re: Mediation.
It says I need to be able to answer 3 questions with a yes, before it can go ahead. One being that I am satisfied I've seen all paperwork relating to the claim. As I am still awaiting a 'notice of assignment' I requested, this isn't the case..
I take it that if I inform them of this I won't be suitable for mediation.


human bean

[Amethyst]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Phew ! Okay good. More waiting then

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi all,

SHORT UPDATE:

I phoned the County Court Business Centre today to check if they received the N180 'Directions Questionnaire' I had to re-send. The good news is they did. I was informed that I will now be contacted by mediation.

humanbean x

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

You did complete the directions questionnaire and send it to the court, so you need to give the court a call and check what's happened.it will have to be tmw now. Is it the DQ they are saying you didn't return?

Hi Amethyst,

Sorry, I mistakenly only uploaded half my post!

Below is my full post. I think I'm okay. Was a bit of a shock that's all & will teach me to be more careful.


UPDATE: ADDRESSING ERROR! :doh:

On Thursday 18th August I was still awaiting contact from mediation (after posting my N180 on 4th August) when a form entitled 'N24 General Form of Judgement or Order' arrived on my doormat. saying that I had failed to return the file (N180 Directions Questionnaire) by the date specified in Form N149. It was a bit of a shock I can tell you, I thought I'd forfeited my defence. Then, upon reading it again, I realised I was being given a 2nd chance and had to file the Directions Questionnaire no later than 7 days after service of the Order with County Court Business Centre Northampton.
Confused, I scrabbled through my copies of the N180 I sent out to the other parties 2 weeks earlier and noticed errors in the postcodes to Lowell Solicitors & CCBC. One error was definitely my fault, the other could have been the post office as it was on my receipt slip.
Anyway all that's Academic .. just no more mistakes!
I printed off a new copy of N180, filled it in, copied it and sent (proof of 'special' delivery) the 'master ' to CCBC, and a copy to Lowell Solicitors on the same day I received the Order .. phew.

So now I am waiting again, don't think I made any more mistakes this time. Its so easy to mess up!
I should re-acquaint myself with the finer points of my defence again (and check 'proof of delivery' online)., I need to make sure I understand all my defence statements totally.
I have to admit I have been avoiding looking through it all, as it makes me feel a bit sick (yes, I know that prob makes me a lightweight !!)
Will do it tomorrow !!

Thank you everybody
(especially Amethyst) the bean :flypig:

[Amethyst]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

You did complete the directions questionnaire and send it to the court, so you need to give the court a call and check what's happened.it will have to be tmw now. Is it the DQ they are saying you didn't return?

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

Hi All,

UPDATE: ADDRESSING ERROR!

On Thursday 18th August I was still awaiting contact from mediation (after posting my N180 on 4th August) when a form entitled 'General Form of Judgement or Order' arrived on my doormat. saying that I had failed to return the file (

[humanbean]

Re: Notice of impending Legal Action: 5 year old Catologue Debt

[QUOTE=charitynjw;669370]Hi humanbean

One of the questions mediation will ask is whether you have received all the documentation which you have requested from the claimant/solicitors.
As things stand, I guess the answer will be no, in which case mediation usually cannot take place & the case is referred back to court.[/QUOTE


Thanks Charitynjw,

that's very helpful. I wasn't sure how anything would go with mediation. Thanks for the info!

humanbean